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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.
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.
A certificate of merit is an affidavit that is issued by an independent third-party (or in some cases an attorney) certifying that the claim being brought against a design professional is factually and legally supportable.
What Is An Affidavit Of Merit In New Jersey? Enacted in 1995, New Jersey Statute § 2A:53A-27, commonly known as the Affidavit of Merit Statute, was designed to reduce the number of frivolous professional liability and medical malpractice lawsuits in the state.
2A:53A-26 to -29, requires that a plaintiff in a professional malpractice or professional negligence case submit at an early stage an affidavit of merit (?AOM?) from an ?appropriate licensed person? that shows a ?reasonable probability? that the defendant professional's conduct ?fell outside acceptable professional or ...