§ 90.054.Failure to Make Trust Claim or Provide Notice and Trust Claim Material

The enforcement provision, and it operates as a gate rather than a sanction.

An MDL pretrial court may not remand an action and a trial court may not commence trial unless the claimant has made each trust claim as required and served the notice and trust claim material.

The case cannot proceed. That is more effective than a sanction, since compliance is a precondition rather than something enforced after the fact.

Subsection (b) addresses the case that slips through. Where a claimant received compensation from a trust for an injury that also gave rise to a judgment against a defendant for the same injury, and failed to serve the required notice and material, the trial court may grant relief on the defendant's motion.

That covers the situation the subchapter is aimed at: a recovery obtained from a trust on one account of exposure and a judgment obtained in court on another, with neither tribunal told about the other.

Subsection (c) is an important limit: the section may not be construed to require payment of a trust claim before remand or before judgment.

The claimant must make and disclose the claim, not wait for it to be paid. Trusts can take years, and requiring payment first would stall the tort case indefinitely — which is why the deferral disclosure in the notice section matters, since it reveals a claim deliberately parked.