Affidavit Of Merit Example With Explanation

State:
New Jersey
Control #:
NJ-KB-002
Format:
Word; 
PDF; 
Rich Text
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Description

The Affidavit of Merit serves as a critical legal document that establishes the validity of a claim in New Jersey civil cases by requiring an expert opinion on the matter. This form is specifically designed for use in cases where claims arise from professional malpractice or negligence, ensuring that there is a competent basis for pursuing litigation. Key features of this affidavit include the requirement for the expert witness to disclose their credentials and confirm they have no financial interest in the case's outcome. The document includes sections for the expert to describe their experience, education, and the relevance of their expertise to the case at hand. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this form to ensure compliance with state statutes while strengthening a client’s position in legal proceedings. Filling instructions highlight the need for precise insertion of relevant information and financial disclosures, thereby minimizing potential legal risks. Additionally, the affidavit must be notarized to validate the expert's statements, making it essential for all parties involved to follow proper procedures. Ultimately, this form not only supports the legal process but also aids in protecting the integrity of claims presented in court.
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FAQ

Court holds that, regardless of pleadings, the statute requires that an Affidavit of Merit be served within 60 days (extendable for good cause to a maximum of 120 days) of a licensed professional's answer.

Ohio law requires that an affidavit of merit include a statement that the expert (usually a doctor or other licensed health care professional): has reviewed all of the medical records reasonably available to the plaintiff, concerning the allegations contained in the complaint.

This affidavit must state that there is a reasonable probability that the afforded treatment and care by the defendants, and/or the skill or knowledge exercised by the defendants, fell outside of the acceptable customs, standards and/or practices of the profession.

The following are six critical sections that must be included: Title. This is either your name (?Affidavit of Jane Doe?) or the specific case information. Statement of identity. The next paragraph tells the court about yourself. ... Statement of truth. ... Statement of facts. ... Closing statement of truth. ... Sign and notarize.

Ohio law requires that an affidavit of merit include a statement that the expert (usually a doctor or other licensed health care professional): has reviewed all of the medical records reasonably available to the plaintiff, concerning the allegations contained in the complaint.

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Affidavit Of Merit Example With Explanation