Newark New Jersey Affidavit of Merit
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FAQ
The affidavit of merit statute in New Jersey provides that in an action for professional malpractice, the plaintiff must provide an affidavit of an ?appropriate licensed person? stating that there is a reasonable probability that the defendant breached professional conduct standards. N.J.S.A. 2A:53A-27.
05.09.2019 New Jersey Law Journal (reprinted with permission) For those attorneys that practice in the area of medical malpractice, a Ferreira conference has become a regular occurrence to review and identify various discovery concerns, including the sufficiency of a plaintiff's affidavit of merit (AOM).
Under our Rules of Court, an affidavit of merit must not only contain facts constituting the movant's good and substantial defenses but must also state the nature and character of the fraud, accident, mistake or excusable negligence on which the motion for relief was based.
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.
A certificate of merit is a document that the plaintiff's attorney files that is signed by an ?appropriate licensed professional.? In it, the professional declares that he or she has reviewed the medical malpractice claim and that he or she believes that there is a reasonable probability that the defendant provided
Is it time for New York to follow suit? In general, an Affidavit of Merit is an Affidavit executed by a licensed design professional affirming under oath that the design professional's services were negligent and/or breached the applicable standard of care.