Buckwalter v. Eighth Judicial District Court

OPINION

By the Court,

Pickering, J.:

This original writ proceeding asks us to decide whether a medical expert’s declaration under penalty of perjury as provided in NRS 53.045 can satisfy the affidavit requirement stated in NRS 41A.071. We agree with the district court that it can and therefore deny writ relief.

I

This is a medical malpractice action. The plaintiffs supported their complaint with the expert proof NRS 41A.071 requires but did so by declaration rather than affidavit. The defendants moved to dismiss on the grounds that NRS 41A.071 requires an “affidavit” and says nothing about…