Is a physician who writes an affidavit to a court from which that court makes a decision considered an "officer of the court"?

Asked about 1 year ago - New York, NY

I know Judges, clerks, and attorneys are officers of the court, but what about other professionals who present the court with case-relevant findings?

Attorney answers (4)

  1. Paula Brown Sinclair

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . No, a doctor would be considered an "expert witness" so long as his statements were within his area of expertise.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Eric Edward Rothstein

    Contributor Level 20

    Answered . A doctor is not an officer of the court. However, a doctor may sign an affirmation rather than having to do an affidavit (which must be notarized) unless the doctor is a party to the case.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  3. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    Answered . There is not enough information to answer this question.

    A court appointed professional who testifies or provides "affidavits" to the court is not an "officer of the court", but rather is closked in immunity for his assertions.

    So if a charlatan "doctor" rigs up his testimony to slant one way, he is immune though he is not an officer of the court. If you try tosue such an affiant, your case will be dismissed.

    Good luck.

  4. Alan James Brinkmeier

    Contributor Level 20

    Answered . No that drafter is an affiant under oath.

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