SB 173 - This act requires a person making a claim against a licensed professional to file an affidavit by a like professional setting forth the acts or omissions which support such claim. Such affidavit must be filed at the same time as the claim except, if such claim is filed within ten days before the statute of limitations expires and there is insufficient time to file an affidavit, the affidavit shall be filed within forty-five days after the claim is filed.

If a claim against a licensed professional is filed without a corresponding affidavit, the claim shall be dismissed if the defendant files a motion stating that the plaintiff has failed to state a claim for which relief may be granted. The term "licensed professional" includes architects, engineers, surveyors, attorneys, public accountants, or real estate brokers or appraisers.

An affidavit need not be filed when a licensed professional is seeking recovery from another licensed professional. This act is similar to SB 705 from 1996.

JAMES KLAHR