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Simple English definitions for legal terms
certificate of merit
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A quick definition of certificate of merit:
A certificate of merit is a document that a lawyer files with a lawsuit to show that they have talked to an expert and believe that the case has a good reason to be in court. Some states make it a law that certain types of cases, like when someone says a professional did something wrong, need a certificate of merit. This is to stop people from making up stories and wasting time in court. If a lawyer doesn't file a certificate of merit when they should, the case might be thrown out. Sometimes, the certificate has to be signed under oath or with a promise to tell the truth, and that's called an affidavit of merit.
A more thorough explanation:
A certificate of merit is a legal document that is filed with a complaint in a civil lawsuit. It is signed by the plaintiff's attorney and declares that the attorney has consulted with at least one expert and concluded that the lawsuit has merit.
For example, in some states, a certificate of merit is required in cases of professional malpractice. This means that before a lawsuit can be filed, the plaintiff's attorney must consult with an expert in the field and obtain a certificate of merit stating that the lawsuit has merit.
The purpose of a certificate of merit is to prevent frivolous lawsuits from being filed. By requiring the plaintiff's attorney to consult with an expert and obtain a certificate of merit, the court can ensure that only legitimate lawsuits are pursued.