MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF VERIFIED (28 U.S.C § 1746) FILINGS STANDING AS TRUTH AND MANDATORY SUMMARY JUDGMENT UNDER RULES 8 AND 56 OF THE FRCP

Description

This memorandum is a comprehensive legal authority establishing that verified filings and affidavits made under 28 U.S.C. § 1746 constitute sworn evidence carrying the same legal effect as notarized affidavits. It demonstrates that, under Rule 8(b)(6), unchallenged allegations are admitted as fact, and under Rule 56, verified truth mandates summary judgment when unrebutted. Supported by federal case law including Schroeder v. McDonald, Williams v. Browman, Conaway v. Smith, United States v. Kis, Celotex Corp. v. Catrett, and Trinsey v. Pagliaro, the memorandum exposes that unverified attorney filings carry no evidentiary weight. Citing the Clearfield Doctrine (318 U.S. 363), it affirms that all statutory and public acts are commercial in nature, binding officials to the same evidentiary standards as private parties. Any judicial action that disregards verified truth constitutes an ultra vires act—void ab initio, without jurisdiction, and actionable under 42 U.S.C. § 1983 and Bivens v. Six Unknown Agents.