Supreme Court of Iowa

Darrin P. Miller

May 24, 2024

Summary

The court held that an expert’s signed but unsworn report did not substantially comply with Iowa’s certificate-of-merit affidavit requirement. The later sworn declaration, served more than ninety days after the statutory deadline, did not cure the violation, and the defendants were not required to show prejudice. The court therefore reversed and remanded for dismissal with prejudice, without reaching the expert-qualification issue.