In Georgia, I'm required to have a signed affidavit
from an expert witness in order to file a malpractice complaint.
I'm trying to do this as pro se litigant and can't find anyone who's willing to serve as an expert witness within the state (and they say no before knowing anything about the case -- so it's really about refusing to work with a pro se litigant).
So I'm trying to see how difficult it would be to use an expert from out of state.
All I need is for someone to look at a few documents and sign an affidavit that says something vague like there might have, maybe been some kind of behavior that fell below average.
"The affidavit of merit statute 'is not concerned with the ability of plaintiffs to prove the allegation contained in the complaint,' but with whether there is some objective threshold merit to the allegations." Hubbard v. Reed, 331 N.J. Super. 283, 292-93 (App. Div. 2000) (quoting Printing Mart-Morristown v. Sharp Elecs. Corp., 116 N.J. 739, 746 (1989)), rev'd on unrelated grounds, 168 N.J. 387 (2001)."
If we go to court, I would need an expert witness to testify but, as I understand it, it doesn't have to be the same expert witness. If the person who signs the affidavit doesn't want to testify, I could supoena someone else at that pont.