5 records
Does my state require disclosure of a third-party litigation funding agreement in a lawsuit, and to whom?
5 records, one fact each. Every value is transcribed from the source that states it and carries the sentence it was taken from: 5 sources across 5 sites, last checked 2026-09-02, due for re-check by 2027-03-01. Every record is listed below, each linking the page its value came from.
About this data
When an outside investor pays a plaintiff's litigation costs in exchange for a cut of any recovery, most states say nothing about whether the other side, or the court, ever gets to know the funder exists or what it can control — discovery of the agreement is fought case by case. A small but fast-growing minority now write disclosure into a statute instead: Wisconsin (2018, the first), Indiana (2023), Montana (2023), West Virginia (a 2024 amendment) and Kansas (a 2025 amendment) each require a party who has taken litigation funding to say so without waiting for a discovery request — and Wisconsin, West Virginia and Montana do it in nearly identical statutory language, evidence the wording is being copied state to state as the idea spreads. What has to be handed over differs: Wisconsin, West Virginia and Montana require the agreement itself, Kansas requires the agreement to the court in camera plus a six-item sworn statement to the other parties, and Indiana requires only written notice that a funding contract exists. At least six more states legislated on litigation funding in 2025–2026 (Georgia, Arizona, Tennessee, Louisiana, Oklahoma, New York), a Michigan bill passed its House in May 2026, and a federal Litigation Funding Transparency Act (S. 3826, 119th Congress) sits in Senate Judiciary Committee — this is actively moving ground, not settled law. No comprehensive, current, citation-backed free tracker exists: the one law-firm '50-state guide' found (Lewis Brisbois) is a JS-gated page with no readable body; the one maintained comparison site found (CaseGlide, checked 2026-09-02) cites zero statute sections anywhere, and is flatly wrong about West Virginia — it says West Virginia only 'regulates funder conduct rather than compelling disclosure,' when W. Va. Code §46A-6N-6 requires exactly the same automatic disclosure to other parties that Wisconsin's statute does. This asset states, per state, the clause that creates that obligation — who must disclose, to whom, and when — quoted verbatim from the state's own official legislature host — its online code where that is readable, and its enrolled act where the code viewer serves no text, as is the case for Indiana. It covers only the obligation to disclose inside a lawsuit: statutes that instead regulate what a funder must put in its contract with the consumer who borrows (West Virginia §46A-6N-5, Arizona's SB 1215, and reportedly Georgia's and New York's 2025 acts) are a different mechanism and are deliberately out of scope, noted in the source list rather than folded in. Answers 'does my state require disclosure of litigation funding', 'do I have to tell the other side I have a litigation funder', 'is third-party litigation funding regulated in my state'.
The data
| State | Disclosure obligation | Disclosed to | When | Statute |
|---|---|---|---|---|
| Indiana | Sec. 2. (a) Except as provided in subsection (c), in a civil proceeding in which a consumer claimant is a party, the consumer claimant or the consumer claimant's attorney shall provide to: (1) each of the other parties in the civil proceeding; and (2) each insurer that has a duty to defend another party in the civil proceeding; written notice that the consumer claimant has entered into a CPAP contract with a CPAP provider. | each of the other parties in the civil proceeding, and each insurer that has a duty to defend another party in that proceeding | within a reasonable time after the date on which the consumer claimant and the CPAP provider enter into the CPAP contract | IC 24-12-4-2 |
| Kansas | (a) A party shall provide to the court, for in camera review, any third-party litigation funding agreement within 30 days after commencement of a legal action or 30 days after execution of a third-party litigation funding agreement, whichever is later. (b) Except as otherwise stipulated by the parties or ordered by the court, if a party has entered into a third-party litigation funding agreement, such party shall deliver to all other parties, within 30 days after commencement of a legal action or 30 days after execution of such third-party litigation funding agreement, whichever is later, a sworn statement disclosing: (1) The identity of all contracting parties to the third-party litigation funding agreement, including the name, address and, if a party is a legal entity, the place of formation of such entity; (2) whether the agreement grants a third-party funder control or approval rights with respect to litigation or settlement decisions or otherwise has the potential to create conflicts of interest between the third-party funder and the party and, if the agreement does grant such control or approval rights, the nature of the terms and conditions relating to such control or approval rights; (3) whether the agreement grants a third-party funder the right to receive materials designated as confidential pursuant to a protective or confidentiality agreement or order in the action; (4) the existence of any known relationship between a third-party funder and the adverse party, the adverse party's counsel or the court; (5) a description of the nature of the financial interest, including, but not limited to, whether such interest is, in whole or in part, recourse or non-recourse; and (6) whether any foreign person from a foreign country of concern is providing funding, directly or indirectly, for the third-party litigation funding agreement and, if so, the name, address and country of incorporation or registration of the foreign person. | the court, for in camera review (the agreement itself); all other parties (a sworn statement about it) | within 30 days after commencement of a legal action or 30 days after execution of a third-party litigation funding agreement, whichever is later | K.S.A. 60-226 |
| Montana | Except as otherwise stipulated or ordered by a court of competent jurisdiction, a consumer or the consumer's legal representative or a party or a party's legal representative shall, without awaiting a discovery request, disclose and deliver to the following persons the litigation financing contract: (a) each party to the civil action, administrative proceeding, claim, or cause of action, or to each party's legal representative; (b) the court, agency, or tribunal in which the civil action, administrative proceeding, claim, or cause of action may be pending; and (c) any known person, including an insurer, with a preexisting contractual obligation to indemnify or defend a party to the civil action, administrative proceeding, claim, or cause of action. | each party, the court, agency, or tribunal where the matter is pending, and any known person including an insurer with a preexisting obligation to indemnify or defend a party | without awaiting a discovery request | MCA 31-4-108 |
| West Virginia | Except as otherwise stipulated or ordered by the court, a party or his or her counsel shall, without awaiting a discovery request, provide to the other parties any agreement under which any litigation financier, other than an attorney permitted to charge a contingent fee representing a party, has a right to receive compensation that is contingent in any respect on the outcome of the legal claim. | the other parties | without awaiting a discovery request | W. Va. Code §46A-6N-6 |
| Wisconsin | Except as otherwise stipulated or ordered by the court, a party shall, without awaiting a discovery request, provide to the other parties any agreement under which any person, other than an attorney permitted to charge a contingent fee representing a party, has a right to receive compensation that is contingent on and sourced from any proceeds of the civil action, by settlement, judgment, or otherwise. | the other parties | without awaiting a discovery request | Wis. Stat. § 804.01(2)(bg) |
Where this came from
Every record above links the page it was taken from and quotes the sentence that states it. These are the 5 sources this dataset was assembled from.
- iga.in.govhttps://iga.in.gov/pdf-documents/123/2023/house/bills/HB1124/HB1124.05.ENRS.pdf
- ksrevisor.govhttps://www.ksrevisor.gov/statutes/chapters/ch60/060_002_0026.html
- mca.legmt.govhttps://mca.legmt.gov/bills/mca/title_0310/chapter_0040/part_0010/section_0080/0310-0040-0010-0080.html
- code.wvlegislature.govhttps://code.wvlegislature.gov/46A-6N-6/
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/804.01(2)(bg)
Machine-readable
- data.jsonThe whole dataset — every record with its source URL and source quote.
- Open Knowledge Format bundleOne JSON object per line — every record's frontmatter and quoted span exactly as it is held here, in one fetch.
- data.csvThe same records as one flat table, for a spreadsheet or a dataframe. The last four columns are the source URL, the quoted sentence it was read from, the date we last checked it, and which columns are our reading rather than the page's words.
- How this is made and checkedWhat "verified against source" does and does not mean.
Set your AI assistant up to use this
Two files and no account. Put this in .mcp.json at the root of your project — Claude Code, Cursor, Windsurf, VS Code and Codex all read that file — and your assistant can look this dataset up instead of recalling it. The server is remote, keyless and read-only.
{
"mcpServers": {
"referencesource": {
"type": "http",
"url": "https://referencesource.org/mcp"
}
}
}Add to Cursor · or, on the command line: claude mcp add --transport http referencesource https://referencesource.org/mcp --scope project
Then one line in the project's CLAUDE.md or AGENTS.md, so the assistant knows when to reach for it:
When a question needs "Third-party litigation funding disclosure requirements by US state — whether the law requires a party to disclose a litigation funding agreement, to whom, and on what trigger, quoted from the statute itself", call the referencesource MCP server at https://referencesource.org/mcp (tool `search_records`, dataset_slug `litigation-funding-disclosure-requirements-by-state`) instead of answering from memory — every record it returns carries its source URL and a verbatim quote from that page.What each tool does, and the servers built over single registers: Connect your AI assistant.