NOI and Affidavit of merit - medical malpractice cases

Court rule affected - MCR 2.112 and 2.118
Admin no. - 2009-13
Effective - 5-1-10

Another amendment dealing with notices of intent and affidavits in medical malpractice cases - see the previous proposal. This one adds a new subsection (L) to 2.112, requiring that:

• Any challenges to the sufficiency of a notice of intent be filed by a defendant on or before the date of filing his first response (answer or motion)
  
• Any challenges to an affidavit of merit or affidavit of meritorious defense, including challenges to the qualifications of the affiant, be filed within 63 days of the filing of the affidavit. If the court finds the affidavit deficient, it shall allow it to be amended unless it finds that amendment would not be justified.
  

It also adds language to 2.118(D) specifying that an amendment of an affidavit of merit or meritorious defense would relate back to the date of the original filing.

Like the previous proposal, this one is designed to neutralize an entire series of rulings from the Supreme Court which have led to dismissals for failure to comply with the affidavit rules.
Link (to proposal)
Link to order adopting