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

New York, NY |
Filed under: Lawsuits and disputes

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


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.

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No that drafter is an affiant under oath.

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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.

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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.

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1 comment



I appreciate your input. As you might imagine this case is too detailed for these small comment boxes.

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