Entries tagged with “affidavits vs declaration” from Harmfulerror

I'm back from vacation, and I finished my latest brief, so postings will now resume.  Sorry for the delay.

The Nevada Supreme Court issued a decision today in Buckwalter v. Eighth Juidicial District Court.  In a decision authored by Justice Pickering, and joined by Justice Hardesty and Justice Douglas, the Court denied a petition for a writ in a medical malpractice action. 

The Court holds that the district court did not err in denying a motion to dismiss that was based upon the argument that an expert witness provided a declaration in the face of a statute that required an expert's affidavit.  The Court relies upon NRS 53.045 in fidning that a declaration that is sworn under penalty perjury is sufficient.

The Court finds that consideration of the writ is appropriate because the issue presented is not fact-bound and involves an unsettled and potentially significant, recurring question of law.