Berk v. Choy · ¶30

Perhaps recognizing this, defendants devote most of their energy to arguing that the Federal Rules contain a loophole. According to defendants, a proviso tucked into Rule 11 makes state affidavit laws applicable in federal court even if they confict with other Federal Rules. Rule 11 provides that “[u]nless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.” Fed. Rule Civ. Proc. 11(a). Defendants argue that § 6853 is a “statute [that] specifically states otherwise,” ibid., and it therefore applies in federal court regardless of whether it conficts with other Federal Rules.

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