Florida Statutes section 766.203 requires that during a pre-suit investigation, a claimant must submit a verified, written, medical expert opinion corroborating reasonable grounds to initiate medical negligence litigation. In Mieles, the trial court dismissed Mieles’ complaint when Mieles’ medical expert submitted a timely, but non-notarized medical opinion. South Miami Hospital reached the same conclusion. 3d DCA 2008).Īdditionally, the court in Mieles v. Levy held that a non-notarized declaration that complied with the statute satisfied the statutory requirement for a “statement under oath” in the context of a construction lien. While this statute is frequently discussed in the criminal law context, many civil cases have recognized its use instead of the more familiar affidavit. ![]() Id.Īlthough many practicing lawyers, and even some judges, are unaware of the options provided by Florida Statutes section 92.525, its plain language allows the use of a declaration instead of an affidavit in many situations. Further, the written declaration must be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration. When a verification on “information or belief” is permitted, it should contain the additional phrase “to the best of my knowledge and belief.” Id. For a written declaration to qualify under the statute, it must contain the following statement: “Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true,” followed by the signature of the person making the declaration. In addition to setting forth the requirements for traditional “under oath” verification before a notary, Florida Statutes section 92.525(1)(c) authorizes the verification of a document by the mere unilateral signing of a specified written declaration by a witness. Fortunately, in many cases, Florida Statutes section 92.525 provides a viable alternative to traditional “in person” notarization or electronically verified signatures. However, some companies, clients and even counsel remain hesitant to embrace the technology or perceive it as too burdensome. Users of electronic signature applications like DocuSign have increased exponentially. These days, a last-minute need for sworn interrogatory responses, an affidavit in support of a motion or verification of a complaint can prove challenging to counsel and client. But one area of law still seems to require a face-to-face meeting: notarizing legal documents. Courts are even allowing witness to be sworn in remotely. ![]() Zoom meetings, online depositions and even virtual trials have become customary. With limited physical access to banks, courts and many law offices during the COVID-19 crisis, the practice of law is less “face to face” than ever before.
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