Carter v. Clark

GEWIN, Circuit Judge:

Appellants Albert Carter and Charles Chapman instituted a class action suit on January 30, 1978 against the clerk of the District Court for the Southern District of Texas seeking a declaratory judgment that a local district court rule was in contravention of 28 U.S.C. § 1746 (1976). The statute provides that in all federal governmental proceedings, written declarations made under “penalty of perjury” were permissible ,in lieu of sworn affidavits subscribed to before notary publics.1 The local rule of court was ordered by then Chief Judge Reynaldo Garza2 and required that…