Expert affidavits that are not adequate under the law continue to be a frequently raised issue before the appellate courts. In fact, it seems that just as many cases were heard on this topic last year as in years past, with dozens of appellate-level cases having been decided on the adequacy of expert submissions. In the majority of cases in which the issue of the sufficiency of the expert statement is raised and reached by the appellate courts, the statement is ultimately found deficient.
The cases concerning expert affidavits show subtle differences between the trial courts’ and the appellate courts’ application of the relevant rules. These differences are particularly significant in cases involving summary judgment motions (as the majority of them do). An appellate reversal is, of course, a dramatic outcome—and appellate reversals are common on the issue of expert submissions.
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