N.J. Stat. » Title 2A — ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
New Jersey Statutes

N.J. Stat. § 2A:53A-27 (2026)

Affidavit of lack of care in action for professional, medical malpractice or negligence; requirements

✓ current as of May 2026
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2. In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices. The court may grant no more than one additional period, not to exceed 60 days, to file the affidavit pursuant to this section, upon a finding of good cause.

In the case of an action for medical malpractice, the person executing the affidavit shall meet the requirements of a person who provides expert testimony or executes an affidavit as set forth in section 7 of P.L.2004, c.17 (C.2A:53A-41). In all other cases, the person executing the affidavit shall be licensed in this or any other state; have particular expertise in the general area or specialty involved in the action, as evidenced by board certification or by devotion of the person's practice substantially to the general area or specialty involved in the action for a period of at least five years. The person shall have no financial interest in the outcome of the case under review, but this prohibition shall not exclude the person from being an expert witness in the case.

Notes of Decisions
Cited in 245 cases (104 in the last 5 years), 1997–2026 · leading case: Nuveen Mun. Trust Ex Rel. Nuveen High Yield Mun. Bond Fund v. WithumSmith Brown, P.C., 692 F.3d 283 (3d Cir. 2012).
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Nuveen Mun. Trust Ex Rel. Nuveen High Yield Mun. Bond Fund v. WithumSmith Brown, P.C., 692 F.3d 283 (3d Cir. 2012). · cites it 12× “” N.J. Stat. Ann. § 2A:53A-27. This affidavit must be provided within 60 days after the defendant files its answer.”
RTC Mortg. Trust 1994 N-1 v. Fid. Nat'l Title Ins., 981 F. Supp. 334 (D.N.J. 1997). · cites it 26× “RTC argues that the affidavit of merit required by the N.J.S.A. § 2A:53A-27 is a “supplemental pleading,” and, therefore, that Rule 8 should predominate over a conflicting state standard.”
Szemple v. Univ. of Med. & Dentistry, 162 F. Supp. 3d 423 (D.N.J. 2016). · cites it 15× “all, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the…”
Hill Int'l, Inc. v. Atl. City Bd. Of Educ. Cobra Constr. Co., Inc. v. Atl. City Bd. of Educ., 106 A.3d 487 (N.J. Super. Ct. App. Div. 2014). · cites it 13× “Specifically, the appeal concerns whether an affidavit of merit ("AOM") issued by a licensed engineer, which criticizes both the construction contract administration and design services provided by a licensed New Jersey architect and his licensed architectural firm, qualifies as…”
Est. v. Middlesex Cnty. & Piscataway Twp., 182 A.3d 382 (N.J. Super. Ct. App. Div. 2018). · cites it 11× “By leave granted, the nurses now appeal arguing the trial court erred in finding plaintiffs established grounds to warrant relief from the time restrictions established by the Legislature in N.J.S.A. 2A:53A-27. We agree and reverse.”
Rachele Louise Castello v. Alexander M. Wohler, M.D., 139 A.3d 1218 (N.J. Super. Ct. App. Div. 2016). · cites it 3× “If warranted, the judge may 2 We note that pursuant to N.”
Robin Chamberlain v. Vincent C. Giampapa, M.D., Individually & Dba Plastic Surgery Ctr. Internationale, 210 F.3d 154 (3d Cir. 2000). · cites it 3× “N.J. Stat. Ann. § 2A:53A-27. In lieu of an affidavit, the plaintiff may provide a sworn statement that, after written request, the defendant failed to provide the plaintiff with records that have a substantial bearing on preparation of the affidavit.”
Brian Schmigel v. Miroslav Uchal, 800 F.3d 113 (3d Cir. 2015). · cites it 4× “N.J.S.A. § 2A:53A-27, 29; Chamberlain, 210 F.”
Sharp Eng'g v. Luis, 321 S.W.3d 748 (Tex. App.—Houston [14th Dist.] 2010). · cites it 4× “2912d; N.J. Stat. Ann. § 2A:53A-27; N.Y. C.P.L.R.”
Anthony McCormick v. State of New Jersey, 144 A.3d 1260 (N.J. Super. Ct. App. Div. 2016). · cites it 3× “In December 2014, the State filed a third motion to dismiss, arguing for the first time that plaintiff had failed to serve it with an AOM pursuant to N.J.S.A. 2A:53A-27. Plaintiff countered that he was not obligated to provide an AOM because the State, the sole defendant in this…”
Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, P.C., 203 A.3d 133 (N.J. 2019). “2001) (discussing the need for an affidavit of merit pursuant to N.J.S.A. 2A:53A-27 when a client asserts a counterclaim for malpractice in its former counsel's collection action); Glass v.”
Thakar v. Tan, 372 F. App'x 325 (3d Cir. 2010). · cites it 2× “” N.J. Stat. Ann. § 2A:53A-27. This statute reflects substantive state law and must be applied in diversity actions.”
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