Berk v. Choy · ¶38

As the majority explains, Delaware’s law is, at bottom, an “affidavit requirement.” Ante, at 1. If a medical malpractice plaintiff wants her complaint deemed “filed” and his case docketed, the statute mandates that an affidavit of merit signed by a medical professional (or a motion for an extension of time to file the affidavit) must accompany the complaint. See Del. Code, Tit. 18, §6853(a)(1) (2025). By contrast, the Federal Rules require no such additional filing. Rather, “[a] civil action is commenced by filing a complaint with the court.” Fed. Rule Civ. Proc. 3.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.