Summary
This document sets forth Pennsylvania Rule of Civil Procedure 1042.3, governing certificates of merit in professional liability actions. It addresses required certifications, expert statements, certificates for multiple claims or parties, extensions of time, and written statements accompanying certificates not signed by an attorney.
Topics
Practice areas
Questions Presented
- What requirements govern certificates of merit in civil actions alleging professional negligence or other deviation from an acceptable professional standard?
- When are separate certificates of merit required for defendants, vicarious-liability claims, counterclaims, cross-claims, and joinder claims?
- Under what circumstances may the time for filing a certificate of merit be extended, and what consequences follow from certifying that expert testimony is unnecessary?
Holdings
- In an action alleging that a licensed professional deviated from an acceptable professional standard, the plaintiff's attorney or the self-represented plaintiff must file a certificate of merit with the complaint or within sixty days after filing the complaint, subject to the alternatives specified in Rule 1042.3(a).
- A separate certificate of merit is generally required as to each licensed professional against whom a claim is asserted, but a single certificate may support a vicarious-liability claim under Rule 1042.3(a)(2), and a single certificate may address claims under both Rule 1042.3(a)(1) and (a)(2) against the same defendant.
- Absent exceptional circumstances, an attorney who certifies under Rule 1042.3(a)(3) that expert testimony is unnecessary is bound by that certification, and the trial court must preclude the plaintiff from presenting expert testimony on standard of care and causation.
- For good cause shown, the court may extend the time for filing a certificate of merit for a period not exceeding sixty days; a timely motion to extend tolls the filing period until the court rules on the motion.
Key quotations
“In any action based upon an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff, or the plaintiff if not represented, shall file with the complaint or within sixty days after the filing of the complaint, a certificate of merit signed by the attorney or party” (Rule 1042.3(a))
“In the event that the attorney certifies under subdivision (a)(3) that an expert is unnecessary for prosecution of the claim, in the absence of exceptional circumstances the attorney is bound by the certification” (Note to Rule 1042.3(a)(3))
Factual background
There are no litigant-specific facts or adjudicated factual disputes in the document. The court addressed the procedural requirements applicable to civil actions alleging that a licensed professional deviated from an acceptable professional standard. The amended rule establishes when and how a certificate of merit must be filed and the consequences of failing to comply.
Procedural history
The document is an order amending Rule 1042.3. It contains the amended rule and explanatory notes concerning certificates of merit, expert qualifications, vicarious-liability claims, extensions of time, counterclaims, cross-claims, and notices of intent to enter judgment of non pros.