In our state court they are required to be filed. But what about Federal? Anyone know?
David
Not required, but helpful.
If it goes to trial, you'll want medical experts to testify.
qb
there is no federal negligence law. you need a certain statutory damage requirement and generally citizens from different states to be able to sue on such common law theories in federal court. if you meet this criteria, the fed ct actually uses the state' law in which it sits.
scottclear
Federal courts follow the substantive law of the states in which they sit. So, a federal court sitting in California will follow California substantive law, while a federal court sitting in Texas follows Texas substantive law. Federal courts follow federal procedural law, not state procedural law.
If the requirement for following a medical expert's affidavit is determined to be substantive under state law by a state court, then the requirement will apply to federal courts. If merely determined to be procedural by the state court, then the federal procedure will apply, and may or may not result in the requirement in federal court.
Any good PI attorney should be able to answer this question for the state in which you live.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
pathfinder
One thing about presenting documents in court. Documents cannot be cross examined, so are not really all that effective in helping your cause in court.Live testimony is what can win a case for you.
Orignal From: If you sue a hospital in Federal Court, are affidavits by medical experts suggesting negligence required?
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