Apsey and Out-of-State Notary Requirements

The Michigan Supreme Court issued a long-awaited decision in Apsey v. Memorial Hospital yesterday. The opinion clears up an important area of law that was muddied by the Court of Appeals' decision in 2005. Although this decision arose from a medical malpractice case, its implications are far-reaching.

I predict that Apsey will be the Court's most important decision of the 2006-2007 decisional year. Interestingly, each of the nine amicus curiae briefs (including briefs from the MDTC, MTLA, and SBM) that were submitted in this case supported the plaintiff who had lost in the Court of Appeals because the notarized affidavit of her expert witness was not authenticated by a clerk of the court in the county in which the affidavit was made. In short, the Supreme Court's decision confirms that an out-of-state affidavit that is notarized in accordance with the laws of that state satisfies Michigan's affidavit and notarial requirements and can be accepted in Michigan judicial proceedings without further authentication.