1. (1) In accordance with Subsection 78B-3-423(5), a request for a 60-day extension to file an affidavit of merit shall be supported by an affidavit signed by the claimant or the claimant's attorney that includes the following text immediately prior to the affiant's signature:

   TABLE VII

   I hereby certify that the claimant is unable to timely submit

   an affidavit of merit as required by Subsection 78B-3-423(1)

   because:

2. (1) a statute of limitations would impair the action; and

3. (2) the affidavit of merit could not be obtained before the

   1. (a) the required time frame specified in Subsection

      78B-3-423(1)(b)(i); or

   2. (b) the date this affidavit was filed with the Division.

   expiration of the statute of limitations for the following reason

   or reasons (describe).

   I further certify that this affidavit has been served on each

   named respondent in accordance with Section R156-78B-7 on the

   earlier of:

4. (2) Any respondent may submit a response to a request for extension to file an affidavit of merit within five days after the service of the affidavit. Any response shall be in the form of a counter affidavit.
5. (3) The Division shall review an affidavit in support of a claimant's request for a 60-day extension, and respondent's counter affidavit, if any, and render a determination within 15 days after the filing of the request.

KEY: medical malpractice, prelitigation, certificate of compliance, affidavit of merit

Date of Last Change: December 10, 2018

Notice of Continuation: January 3, 2022

Authorizing, and Implemented or Interpreted Law: 78B-3-416(1)(b)