Rule 1042.5 Discovery

Before you can ask for information or evidence in a professional liability case (like a medical malpractice lawsuit), you must first file a certificate of merit. A certificate of merit is a document showing that a qualified expert believes your claim has a valid basis.

There is one exception to this rule. You can request documents or ask to inspect property before filing the certificate of merit. All other types of discovery, such as depositions or written questions, must wait until after the certificate is filed.

If you need to gather other types of information before filing the certificate, you can ask the court for special permission. Without that permission, starting discovery too early could hurt your case.