Berk v. Choy · ¶25

It is true, as defendants and the concurrence are quick to point out, that an affidavit of merit is a document separate from the “pleading,” and that, by its literal terms, Rule 8 defines only what the “pleading . . . must contain.” But we think it is fair to infer that by specifying what information about the merits is required in the “pleading,” Rule 8 excludes the possibility of requiring even more information on the same topic—whether in the “pleading” itself or on a separate sheet of paper attached to it. Cf. Jones, 549 U. S., at 205, 212–217 (rejecting requirement that prisoners “attach proof of exhaustion . . . to their complaints” as inconsistent with Rule 8). Rule 8 addresses what information a plaintiff must provide about the merits of his claim at the outset of litigation. Section 6853 addresses the same issue—and in doing so, imposes a different standard.

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