# Certificate of Merit by State: 50-State Chart > Which states require a certificate or affidavit of merit in a med-mal case: the statute, the deadline and the signer for all 50 states and D.C. Canonical page: https://medrecords.ai/solutions/certificate-of-merit-by-state/ --- NewWe now read the actual MRI and CT imaging — not just the radiologist's 1-page report. [See how →](https://medrecords.ai/product/imaging/) [Home](https://medrecords.ai/) ›[Solutions](https://medrecords.ai/solutions/) › — Certificate of Merit by State CERTIFICATE OF MERIT BY STATE ## 27 of 51 jurisdictions require a filed certificate of merit. Here is the rule in each one. Twenty-seven US jurisdictions require a merit document to be filed or served in a medical malpractice case. Ten require a pre-suit panel instead. Four require only notice or mediation, and ten require no pre-suit merit gate at all. Every row below carries its own statute or rule. Verified 23 August 2026 — ·50 states and D.C. ·Every row cites its own statute or rule ### What each jurisdiction requires before you file The category records the highest pre-suit gate, not every gate. A state in the last column may still require pre-suit notice, and every state still requires expert testimony to prove the standard of care at trial. 27 Affidavit or certificate A merit document is filed or served 10 Panel or tribunal A panel reviews the claim before suit 4 Notice or mediation A pre-suit gate with no merit document 10 No merit filing No pre-suit merit gate Showing 51 jurisdictions | Jurisdiction | What is required | Authority | When it is due | The detail that catches people | | --- | --- | --- | --- | --- | | Alabama | No merit filing | Ala. Code §6-5-551 | No pre-suit merit filing | Not a merit affidavit. The complaint itself must plead each act with specificity, and §6-5-548 requires a similarly situated health care provider. | | Alaska | Panel or tribunal | AS 09.55.536 | Panel appointed within 20 days of the answer | A court-appointed panel of three experts reports in 30 days. Discovery is stayed while it sits. | | Arizona | Affidavit or certificate | A.R.S. §12-2603 | Served with Rule 26.1 initial disclosures | A preliminary expert opinion affidavit, required wherever the §12-2603(H) certification says expert testimony is necessary. | | Arkansas | No merit filing | Ark. Code §16-114-209(b)(3)(A) | No pre-suit merit filing | Struck down in Summerville v. Thrower, 253 S.W.3d 415 (Ark. 2007) as conflicting with Ark. R. Civ. P. 3. | | California | Notice or mediation | CCP §364; CCP §411.35 | Notice at least 90 days before filing | Notice of intent to sue, with no expert certificate attached. §411.35 covers architects, engineers and land surveyors, not physicians. | | Colorado | Affidavit or certificate | C.R.S. §13-20-602 | Within 60 days of service | A certificate of review per licensed professional named. Extendable for good cause; the sanction is dismissal. | | Connecticut | Affidavit or certificate | C.G.S. §52-190a | Attached to the complaint | A good faith certificate plus the signed written opinion of a similar health care provider. Buys a 90-day extension of the limitations period. | | Delaware | Affidavit or certificate | 18 Del. C. §6853 | Filed with the complaint | Affidavit of merit plus the expert’s current CV, filed under seal. Without it the court will not docket the complaint. | | District of Columbia | Notice or mediation | D.C. Code §16-2802; §16-2821 | Notice at least 90 days before filing | Notice of intention to file suit, then court-ordered mediation before further litigation. No merit affidavit. | | Florida | Affidavit or certificate | Fla. Stat. §766.203(2) | Served with the notice of intent | A verified written medical expert opinion. §766.203(3) puts the same duty on the defendant before it denies the claim. | | Georgia | Affidavit or certificate | O.C.G.A. §9-11-9.1 | Filed with the complaint | An expert affidavit setting out at least one negligent act and its factual basis. The 45-day grace in (b) applies only if the limitations period expires within 10 days. | | Hawaii | Panel or tribunal | HRS §671-12 | Before suit | A medical inquiry and conciliation panel is mandatory, and the inquiry must carry a certificate of consultation. | | Idaho | Panel or tribunal | Idaho Code §6-1001 | Before suit | A Board of Medicine prelitigation screening panel. Informal and non-binding, but a condition precedent to filing. | | Illinois | Affidavit or certificate | 735 ILCS 5/2-622 | Filed with the complaint | An attorney affidavit plus a separate written health-professional report for each defendant. The reviewer must have practised or taught in the same area within 6 years. | | Indiana | Panel or tribunal | Ind. Code 34-18-8 | Before suit | A proposed complaint goes to the medical review panel through the Department of Insurance. Claims of $15,000 or less are excepted. | | Iowa | Affidavit or certificate | Iowa Code §147.140 | Within 60 days of the answer | Signed under oath by a §147.139 expert, one affidavit per defendant. Failure is dismissal with prejudice. | | Kansas | No merit filing | K.S.A. 65-4901 | No pre-suit merit filing | A screening panel exists but convenes only on a party’s request or the court’s motion. No certificate and no mandatory pre-filing notice. | | Kentucky | Affidavit or certificate | KRS 411.167 | Filed with the complaint | Effective 27 June 2019, replacing the Medical Review Panel Act struck down in Claycomb. The Kentucky Supreme Court reads it to require strict compliance. | | Louisiana | Panel or tribunal | La. R.S. 40:1231.8 | Before suit | A medical review panel is required against a qualified provider. The limitations period is suspended until 90 days after dismissal. Waivable by agreement. | | Maine | Panel or tribunal | 24 M.R.S. §2853; §2851 | Notice of claim starts the case | The notice of claim is sworn, then a mandatory prelitigation screening and mediation panel reviews it. The parties can agree to skip the panel. | | Maryland | Affidavit or certificate | Md. Cts. & Jud. Proc. §3-2A-04 | Within 90 days | A certificate of a qualified expert plus the attesting expert’s report. That expert may not devote more than 25% of professional activities to testimony. | | Massachusetts | Panel or tribunal | M.G.L. c.231 §60B | Tribunal within 15 days of the answer | A judge, a physician and an attorney hear an offer of proof. If it is insufficient the plaintiff must post a $6,000 bond to continue. | | Michigan | Affidavit or certificate | MCL 600.2912d | Filed with the complaint | Affidavit of merit signed by a MCL 600.2169 expert; 28-day extension available. The MCL 600.2912b 182-day notice of intent does not itself toll the period. | | Minnesota | Affidavit or certificate | Minn. Stat. §145.682 | With the summons and complaint | An affidavit of expert review first, then an affidavit of expert identification within 180 days of the start of discovery. | | Mississippi | Notice or mediation | Miss. Code §11-1-58 | Consultation before filing | Counsel must still consult an expert, but the requirement to attach a certificate was struck as procedural in Wimley v. Reid, 991 So. 2d 135 (Miss. 2008). | | Missouri | Affidavit or certificate | RSMo §538.225 | Within 90 days of the petition | An affidavit of a legally qualified health care provider. Ninety more days for good cause; dismissal without prejudice on motion. | | Montana | Panel or tribunal | MCA §27-6-701 | Before suit | No claim may be filed until an application is made to the Montana Medical Legal Panel and its decision is rendered. The limitations period is tolled meanwhile. | | Nebraska | No merit filing | Neb. Rev. Stat. §§44-2801 et seq. | No pre-suit merit filing | The Hospital-Medical Liability Act review panel is waivable by the claimant, so there is no mandatory gate and no certificate. | | Nevada | Affidavit or certificate | NRS 41A.071 | Filed with the complaint | An affidavit of a medical expert supporting the allegations. If it is absent the court shall dismiss without prejudice. | | New Hampshire | Panel or tribunal | RSA 519-B | Before the case proceeds | A three-person screening panel is mandatory for all medical injury claims, though in practice it is often waived by agreement. No certificate of merit. | | New Jersey | Affidavit or certificate | N.J.S.A. 2A:53A-27 | Within 60 days of the answer | One 60-day extension for good cause. The Patients First Act (2A:53A-41) matches the affiant’s specialty; failure is treated as failure to state a cause of action. | | New Mexico | Panel or tribunal | NMSA §41-5-15 | Before suit, for independent providers | As amended effective 1 January 2022. Hospitals and outpatient facilities were removed from the commission on 1 July 2021. Not a jurisdictional prerequisite. | | New York | Affidavit or certificate | CPLR 3012-a | Filed with the complaint | An attorney’s certificate of merit, with an alternative for three unsuccessful good faith attempts to consult. One per action regardless of defendant count. | | North Carolina | Affidavit or certificate | N.C. R. Civ. P. 9(j) | Pleaded in the complaint itself | Counsel certifies that the records reasonably available were reviewed by a person reasonably expected to qualify and willing to testify. There is no discretion to excuse it. | | North Dakota | Affidavit or certificate | N.D.C.C. §28-01-46 | Within 3 months of commencement | An affidavit containing admissible expert opinion. Dismissal is without prejudice, but the two-year period often makes it effectively final. | | Ohio | Affidavit or certificate | Ohio Civ. R. 10(D)(2) | Filed with the complaint | One affidavit relative to each defendant, and the affiant attests they reviewed the applicable medical records. Up to 90 more days on motion. | | Oklahoma | No merit filing | 12 O.S. §19.1 | No pre-suit merit filing | Struck down in John v. Saint Francis Hospital, 2017 OK 81, as an unconstitutional court-access barrier and a special law. The third such statute to fail. | | Oregon | No merit filing | ORS 31.300 | No pre-suit merit filing | The pleading statute reaches construction design professionals, not physicians. Expert testimony is still required at the merits stage. | | Pennsylvania | Affidavit or certificate | Pa. R.C.P. 1042.3 | With the complaint or within 60 days | Three alternative forms in (a). Up to 60 more days for good cause; a defendant may praecipe for non pros under Rule 1042.7 after the Rule 1042.6 notice. | | Rhode Island | No merit filing | — | No pre-suit merit filing | No certificate, affidavit, notice or panel statute. Expert testimony is still required to establish the standard of care and the breach. | | South Carolina | Affidavit or certificate | S.C. Code §15-79-125; §15-36-100 | Filed with the notice of intent | The expert affidavit is filed contemporaneously with the notice of intent, which tolls the limitations period. It must specify at least one negligent act and its basis. | | South Dakota | No merit filing | — | No pre-suit merit filing | No certificate, affidavit or panel statute. Qualified expert testimony is still needed to establish the standard of care. | | Tennessee | Affidavit or certificate | T.C.A. §29-26-122 | Filed with the complaint | A certificate of good faith, alongside the §29-26-121 sixty-day pre-suit notice. Both are mandatory and neither is subject to substantial compliance. | | Texas | Affidavit or certificate | Tex. Civ. Prac. & Rem. Code §74.351 | Within 120 days of each defendant’s answer | An expert report plus CV, carrying the three opinions named in (r)(6). A single 30-day cure only where a report was served but deficient. Dismissal is with prejudice, plus fees. | | Utah | Affidavit or certificate | Utah Code §78B-3-423 | Within 60 days of the panel opinion | Without the affidavit the Division may not issue a certificate of compliance, and the action is dismissed. | | Vermont | Affidavit or certificate | 12 V.S.A. §1042 | Filed with the complaint | Applies to injuries on or after 1 February 2013, signed by a V.R.E. 702-qualified provider. Dismissal is without prejudice. Informed-consent-only claims are exempt. | | Virginia | Affidavit or certificate | Va. Code §8.01-20.1 | Held when service is requested | A written certification of expert opinion, produced on motion. §8.01-271.1 sanctions apply, and the court may dismiss with prejudice. | | Washington | No merit filing | RCW 7.70.150 | No pre-suit merit filing | Struck down in Putman v. Wenatchee Valley Medical Center, 166 Wn.2d 974 (2009), on court access and separation of powers grounds. | | West Virginia | Affidavit or certificate | W. Va. Code §55-7B-6(b) | Served at least 30 days before filing | A screening certificate of merit accompanies the notice of claim. A statement of intent under (d)-(e) buys 60 days, or 120 for nursing homes and assisted living. | | Wisconsin | Notice or mediation | Wis. Stat. §§655.44, 655.445 | Before filing or within 15 days | Mediation is mandatory for every party and tolls the limitations period. There is no certificate of merit and no pre-litigation hearing. | | Wyoming | No merit filing | 2021 Wyo. Sess. Laws ch. 99 §2 | No pre-suit merit filing | The medical review panel was repealed effective 1 July 2022. There is no certificate of merit and no pre-suit notice. | [](https://medrecords.ai/solutions/delaware-certificate-of-merit/) [](https://medrecords.ai/solutions/florida-certificate-of-merit/) [](https://medrecords.ai/solutions/georgia-certificate-of-merit/) [](https://medrecords.ai/solutions/illinois-certificate-of-merit/) [](https://medrecords.ai/solutions/michigan-certificate-of-merit/) [](https://medrecords.ai/solutions/new-jersey-certificate-of-merit/) [](https://medrecords.ai/solutions/north-carolina-certificate-of-merit/) [](https://medrecords.ai/solutions/ohio-certificate-of-merit/) [](https://medrecords.ai/solutions/pennsylvania-certificate-of-merit/) [](https://medrecords.ai/solutions/texas-certificate-of-merit/) This chart is a research starting point, not legal advice, and it is not a substitute for reading the current statute in your jurisdiction. Deadlines and qualifying language change. WHY THE OTHER CHARTS DISAGREE ### The most-linked chart on this subject is eleven years old. It marks North Carolina and Virginia as having no requirement. Rule 9(j) has required a pleaded certification in North Carolina since 1995, and Va. Code §8.01-20.1 has required a written certification since 2005. It also cites the wrong Texas statute for the expert report. Three things have moved since it was published. Oklahoma’s statute was struck down in 2017. Kentucky’s Medical Review Panel Act was struck down in 2018 and replaced by a certificate of merit in 2019. Wyoming repealed its medical review panel effective 1 July 2022. Every row above was checked against the statute, the rule, or the opinion that struck it, on 23 August 2026. We re-verify quarterly and date the page when we do. WHAT THE DEADLINE IS ACTUALLY MEASURING ### Sixty days is a reading deadline wearing a filing deadline’s clothes. In 27 jurisdictions the merit document is written by, or on the strength of, a licensed professional who has read the chart. Ohio Civ. R. 10(D)(2)(a) says so on its face: the affiant attests that they reviewed the applicable medical records. North Carolina’s Rule 9(j) says the records reasonably available were reviewed. The extension provisions in Pennsylvania, Ohio, Michigan and Missouri all exist for the same reason, and none of them buy more expert time. They buy reading time. Medrecords AI reads the file the reviewer has to read. Every fact in the output carries the page it came from, duplicates are collapsed, and wrong-patient material is quarantined rather than summarised. The review costs 10¢ a page and starts in minutes from upload, because you already hold the records. WHERE THE LINE IS We do not screen merit. We do not give standard-of-care or causation opinions. We do not sign the affidavit, the certificate or the report, and we do not decide whether a case should be filed. Those are the licensed professional’s judgment and counsel’s filing. We prepare the page-cited record review they read first. ### Ten states in detail Each page carries the state’s own rulebook, the referee who reads the filing, the deadline, and what the record review produces before it goes to the signer. [ ##### Pennsylvania → **Rulebook:** Pa. R.C.P. 1042.3 **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/pennsylvania-certificate-of-merit/) [ ##### Texas → **Rulebook:** CPRC §74.351 **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/texas-certificate-of-merit/) [ ##### Florida → **Rulebook:** Fla. Stat. §766.203 **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/florida-certificate-of-merit/) [ ##### Georgia → **Rulebook:** O.C.G.A. §9-11-9.1 **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/georgia-certificate-of-merit/) [ ##### Illinois → **Rulebook:** 735 ILCS 5/2-622 **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/illinois-certificate-of-merit/) [ ##### Michigan → **Rulebook:** MCL 600.2912d **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/michigan-certificate-of-merit/) [ ##### Ohio → **Rulebook:** Ohio Civ. R. 10(D)(2) **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/ohio-certificate-of-merit/) [ ##### North Carolina → **Rulebook:** N.C. R. Civ. P. 9(j) **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/north-carolina-certificate-of-merit/) [ ##### New Jersey → **Rulebook:** N.J.S.A. 2A:53A-27 **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/new-jersey-certificate-of-merit/) [ ##### Delaware → **Rulebook:** 18 Del. C. §6853 **Referee:** The court that receives the filing ](https://medrecords.ai/solutions/delaware-certificate-of-merit/) ### Questions about the chart Twenty-seven of the 51 US jurisdictions require a merit document to be filed or served: an affidavit, a certificate, a written expert opinion, or a full expert report. Ten more require a pre-suit panel or tribunal instead, four require notice or mediation with no merit document, and ten require no pre-suit merit gate at all. No, and the differences are large. North Carolina puts the certification inside the complaint. Delaware, Nevada and Vermont want it filed with the complaint. New Jersey and Iowa run 60 days from the answer. Texas runs 120 days from each defendant’s answer. North Dakota runs three months from commencement. It depends on the state. Illinois, Iowa and Ohio each require a separate report or affidavit for every defendant. New York expressly requires only one certificate per action regardless of how many defendants are named. Most of them are old. The most-linked 50-state affidavit of merit chart dates from 2015 and marks North Carolina and Virginia as having no requirement, which is wrong in both cases, and cites the wrong Texas statute. Statutes have also been struck down since, in Oklahoma, and repealed, in Wyoming. No. Merit screening is a licensed professional’s judgment and counsel’s filing. We prepare the page-cited record review that professional reads before they sign. We do not screen merit, give standard-of-care or causation opinions, or sign anything. No. Medrecords AI does not retrieve records from providers or facilities. You bring the records you already have — review starts in minutes from upload. Retrieval vendors take days; you can keep yours and still cut the review to minutes. ### Send one file. We’ll tell you what the record supports. No obligation. Page-cited output, 10¢ a page, review starts in minutes. [Test a file](https://medrecords.ai/test-a-file/?src=certificate-of-merit-by-state) [See a sample output](https://medrecords.ai/demo/) [See every case type we process →](https://medrecords.ai/solutions/case-types/)