R156-78B-16e. Affidavits of Merit - Request for 60-day Extension to File

  (1) In accordance with Subsection 78B-3-423(5), a request for a 60-day extension to file an affidavit of merit shall be supported by an affidavit signed by the claimant or the claimant's attorney that includes the following text immediately prior to the affiant's signature:

TABLE VII

     I hereby certify that the claimant is unable to timely submit

an affidavit of merit as required by Subsection 78B-3-423(1)

because:

     (1) a statute of limitations would impair the action; and

     (2) the affidavit of merit could not be obtained before the

expiration of the statute of limitations for the following reason

or reasons (describe).

     I further certify that this affidavit has been served on each

named respondent in accordance with Section R156-78B-7 on the

earlier of:

     (a) the required time frame specified in Subsection

78B-3-423(1)(b)(i); or

     (b) the date this affidavit was filed with the Division.

  (2) Any respondent may submit a response to a request for extension to file an affidavit of merit within five days after the service of the affidavit. Any response shall be in the form of a counter affidavit.

  (3) The Division shall review an affidavit in support of a claimant's request for a 60-day extension, and respondent's counter affidavit, if any, and render a determination within 15 days after the filing of the request.