Berk v. Choy · ¶42

As the majority explains, Delaware's law is, at bottom, an “affidavit requirement.” Ante, at 190. If a medical malpractice plaintiff wants her complaint deemed “fled” and her 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.

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