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Affidavit of merit

French translation: déclaration du bien-fondé

15:10 Feb 14, 2019
English to French translations [PRO]
Law/Patents - Law (general)
English term or phrase: Affidavit of merit
Seeking help in translating this legal term into French.

"In 1995, the New Jersey Legislature enacted NJSA 2A:53A-27, more affectionately known as the Affidavit of Merit Statute. This well-intentioned piece of legislation was passed in an effort to weed out frivolous malpractice claims against professionals - including design professionals - early in the process."

http://www.marshalldennehey.com/media/pdf-articles/O 408 by ...

Here's that term in context:
"An affidavit of merit is not required in those cases where, under the common knowledge doctrine, expert testimony would not be required to establish a deviation from the standard of care"

http://www.kostrolaw.com/NJFamilyIssues/2018/03/26/an-affida...
Daniel Sanabria
United States
Local time: 22:30
French translation:déclaration du bien-fondé
Explanation:
Merit in this context means that the plaintiff's case "has merit," i.e. there is foundation to their claims. Hence, "bien-fondé." I have seen "affidavit" used in Canadian French sources, but it just means sworn declaration, so I would just say déclaration.

"An affidavit is a sworn statement used as evidence in court. The term 'Affidavit of Merit' refers to the requirement that a plaintiff filing a lawsuit against a licensed professional have an expert stating the claim is meritorious, or has merit. The AOM requirement applies in cases involving medical professionals, as well as other licensed professionals in New Jersey. As mentioned above, the purpose of this certification is to prevent frivolous lawsuits."
https://www.fronzutolaw.com/articles/affidavit-of-merit-for-...
Selected response from:

Eliza Hall
United States
Local time: 22:30
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3déclaration du bien-fondé
Eliza Hall
4 -3déclaration par écrit sous serment, validée par un expert
Francois Boye


  

Answers


15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
affidavit of merit
déclaration du bien-fondé


Explanation:
Merit in this context means that the plaintiff's case "has merit," i.e. there is foundation to their claims. Hence, "bien-fondé." I have seen "affidavit" used in Canadian French sources, but it just means sworn declaration, so I would just say déclaration.

"An affidavit is a sworn statement used as evidence in court. The term 'Affidavit of Merit' refers to the requirement that a plaintiff filing a lawsuit against a licensed professional have an expert stating the claim is meritorious, or has merit. The AOM requirement applies in cases involving medical professionals, as well as other licensed professionals in New Jersey. As mentioned above, the purpose of this certification is to prevent frivolous lawsuits."
https://www.fronzutolaw.com/articles/affidavit-of-merit-for-...

Eliza Hall
United States
Local time: 22:30
Specializes in field
Native speaker of: English
PRO pts in category: 80
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Germaine: Termium suggère "affidavit au fond" et vous en trouverez mention dans divers cas: https://www.canlii.org/fr/#search/text="affidavit au fond", mais selon le lectorat, cette suggestion pourrait être plus pertinente.
30 mins
  -> Merci!
neutral  Francois Boye: This case comes from NJ, not Canada!
1 day 1 hr
  -> You have misunderstood my answer, and the facts (it's a statute, not a case). I'm a US lawyer, I know what an affadavit of merit is.
agree  Daryo
1 day 3 hrs
agree  AllegroTrans: you could add "sous serment" to stress the fact that it is sworn
3 days 5 hrs
  -> Yes, true.
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -3
affidavit of merit
déclaration par écrit sous serment, validée par un expert


Explanation:
The rue in New Jersey

Affidavit of Merit for a Medical Malpractice Lawsuit in NJ Explained. An affidavit is a sworn statement used as evidence in court. The term “Affidavit of Merit” refers to the requirement that a plaintiff filing a lawsuit against a licensed professional have an expert stating the claim is meritorious, or has merit.May 18, 2018

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Note added at 11 hrs (2019-02-15 02:44:57 GMT)
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Erratum: RULE instead of rue

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Note added at 1 day 13 hrs (2019-02-16 04:21:35 GMT)
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déclaration par écrit sous serment = affidavit

validée par un expert = have an expert stating the claim is meritorious, or has merit.May 18, 2018




Francois Boye
United States
Local time: 22:30
Native speaker of: Native in FrenchFrench
PRO pts in category: 199

Peer comments on this answer (and responses from the answerer)
neutral  Germaine: En fait, il s’agit de la déclaration d’un expert à l’effet que la poursuite est fondée (et non d’une déclaration "validée par" un expert). Et c’est une définition, pas une appellation. // So?
5 hrs
  -> have an expert stating the claim is meritorious, or has merit.May 18, 2018
disagree  Daryo: this "affidavit" is done by the expert, it's not someone else's affidavit that is being "confirmed" (whatever that is supposed to mean exactly) by this expert + you managed to ignore the key word "merit (of the case)"/no need to be local to get it.
18 hrs
  -> you do not understand what is happening in US states fighting frivolous lawsuits!!!
disagree  Eliza Hall: Daryo is 100% correct, and so is Germaine.
2 days 4 hrs
disagree  AllegroTrans: Agree with the other disagrees - you have misunderstood yet again
2 days 20 hrs
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