**Rules of Practice AND PROCEDURE**

##### United States Court of Appeals

**For The Armed Forces**

## Effective February 27, 1996

(As amended through October 1, 1999)

## 

## TABLE OF RULES

## GENERAL

## RULE

## 1. Name.

## 2. Seal.

3\. Oath of Judges.

3A. Senior Judges.

4\. Jurisdiction.

5\. Scope of Review.

6\. Quorum.

7\. Process.

8\. Parties.

## CLERK'S OFFICE

9\. Clerk.

10\. Docket.

11\. Calendar.

12\. Cases Involving Classified Information.

### ATTORNEYS

13\. Qualifications to Practice.

13A. Student Practice Rule.

14\. Honorary Membership.

15\. Disciplinary Action.

16\. Entry of Appearance and Withdrawal by Counsel.

17\. Assignment of Counsel.

## APPEALS

18\. Methods of Appeal.

19\. Time Limits.

20\. Form of Petition for Grant of Review.

21\. Supplement to Petition for Grant of Review.

22\. Certificate for Review.

23\. Mandatory Review Case.

**BRIEFS**

24\. Form, Content, and Page Limitations.

25\. When Briefs Are Required.

26\. [Amicus]{.underline} [Curiae]{.underline} Briefs.

## EXTRAORDINARY RELIEF

27\. Petition for Extraordinary Relief, Writ-Appeal

> Petition, Answer, and Reply.

28\. Form of Petition for Extraordinary Relief, Writ-Appeal

> Petition, Answer, and Reply.

## PETITIONS FOR NEW TRIAL

29\. Filing, Notice, Briefs, and Special Master.

## MOTIONS

30\. Motions.

#### FACTFINDING

## 30A. Factfinding.

## 

## RECONSIDERATION

31\. Petition for Reconsideration.

## 32. Form of Petition for Reconsideration.

#### PRACTICE BEFORE THE COURT

33\. Suspension of Rules.

34\. Computation of Time.

35\. Filing of Record.

35A. Use of Classified Information.

36\. Filing of Pleadings.

36A. Citations to Supplemental Authorities.

## 37. Printing, Copying and Style Requirements.

38\. Signatures.

## 39. Service of Pleadings.

**HEARINGS**

## 40. Hearings.

41\. Photographing, Televising, or Broadcasting of Hearings.

## OPINIONS

## 

## 42. Filing, Reproduction, and Distribution.

43\. Entry of Judgment.

## 43A. Issuance of Mandate.

#### JUDICIAL CONFERENCE

## 

## 44. Judicial Conference.

#### REVISION OF RULES

45\. Rules Advisory Committee.

## GENERAL

## RULE 1. NAME

Section 941 of Title 10, United States Code, provides that the name of
the Court is the "United States Court of Appeals for the Armed Forces."

\[Amended October 12, 1994.\]

## RULE 2. SEAL

The official seal of the Court is as follows:

In front of a silver sword, point up, a gold and silver balance
supporting a pair of silver scales, encircled by an open wreath of oak
leaves, green with gold acorns; all on a grey-blue background and within
a dark blue band edged in gold and inscribed "UNITED STATES COURT OF
APPEALS FOR THE ARMED FORCES" in gold letters.

\[Amended January 4, 1995.\]

## RULE 3. OATH OF JUDGES

Before undertaking the performance of the duties of his office, each
Judge appointed to this Court shall take the oath or affirmation
prescribed in § 453 of Title 28, United States Code.

## RULE 3A. SENIOR JUDGES

**(a)** With the Senior Judge's consent, and at the request of the Chief
Judge, a Senior Judge may perform judicial duties with the Court if an
active Judge of the Court is disabled or has recused himself or if there
is a vacancy in an active judgeship on the Court. For the periods of
time when performing judicial duties with the Court, a Senior Judge
shall receive the same pay, per diem, and travel allowances as an active
Judge; and the receipt of pay shall be in lieu of receipt of retired pay
or annuity with respect to these same periods. The periods of
performance of judicial duties by a Senior Judge shall be certified by
the Chief Judge and recorded by the Clerk of Court. The Clerk of Court
shall notify the appropriate official to make timely payments of pay and
allowances with respect to periods of time when a Senior Judge is
performing judicial duties with the Court and shall notify the
Department of Defense Military Retirement Fund to make appropriate
adjustments in the Senior Judge's retired pay or annuity.
[See]{.underline} Article 142(e)(2), Uniform Code of Military Justice
(UCMJ), 10 USC § 942(e)(2).

**(b)** In addition to the performance of judicial duties with the
Court, a Senior Judge may, at the request of the Chief Judge and with
the Senior Judge's consent, perform such other duties as the Chief Judge
may request or the Court may

direct. Such other duties may include, but are not limited to, service
as a special master or as an adviser on Court operations,
administration, and rules; representation of the Court at conferences,
seminars, committee meetings, or other official or professional
functions; coordination of or assistance with conferences being
conducted by the Court; and assistance in the compilation of history or
archives of the Court. A Senior Judge shall not receive pay for the
performance of such other duties with the Court but may be paid per diem
and travel allowance to reimburse expenses incurred by the Senior Judge
while performing such duties.

**(c)** Whether in the performance of judicial duties or other duties, a
Senior Judge shall be provided such administrative and secretarial
assistance, office space, and access to the courthouse, other public
buildings, court files, and related information, as the Chief Judge
considers appropriate for the performance of those duties by the Senior
Judge.

**(d)** The title of Senior Judge may not be used in any way for
personal gain or in connection with any business activity,
advertisement, or solicitation of funds. However, the title of a Senior
Judge may be referred to in any professional biography or listing and
may be used in connection with any judicial or other duties that the
Chief Judge requests the Senior Judge to perform.

**(e)** No Senior Judge of the Court may engage in the practice of law
in connection with any matter that involves an investigation or trial
for any matter arising under the UCMJ or appellate review of any
court-martial proceeding by a Court of Criminal Appeals, the United
States Court of Appeals for the Armed Forces, or the Supreme Court of
the United States.

**(f)** These rules shall apply to "senior judges" as defined by Article
142(e)(1), UCMJ, 10 USC § 942(e)(1), and are promulgated pursuant to
Article 142(e)(5), UCMJ, 10 USC § 942(e)(5).

\[Adopted September 29, 1990, effective October 1, 1990; amended October
12, 1994.\]

## RULE 4. JURISDICTION

**(a)** The jurisdiction of the Court is as follows:

\(1\) [Death sentences]{.underline}*.* Cases in which the sentence, as
affirmed by a Court of Criminal Appeals, extends to death.
[See]{.underline} Rule 18(a)(3);

\(2\) [Certified by a Judge Advocate General]{.underline}*.* Cases
reviewed by a Court of Criminal Appeals, including decisions on appeal
by the United States under Article 62, UCMJ, 10 USC § 862 (1983), or on
application for extraordinary relief filed therein, which a Judge
Advocate General forwards by certificate for review to the Court.
[See]{.underline} Rule 18(a)(2);

\(3\) [Petitions by the accused]{.underline}*.* Cases reviewed by a
Court of Criminal Appeals, including decisions on appeal by the United
States under Article 62, UCMJ, 10 USC § 862 (1983), in which, upon
petition of the accused and on good cause shown, the Court has granted
review. [See]{.underline} Rule 18(a)(1).

**(b)** **Extraordinary writs**.

\(1\) The Court may, in its discretion, entertain original petitions for
extraordinary relief including, but not limited to, writs of mandamus,
writs of prohibition, writs of habeas corpus, and writs of error coram
nobis. [See]{.underline} 28 USC § 1651(a) and Rules 18(b), 27(a), and
28. Absent good cause, no such

petition shall be filed unless relief has first been sought in the
appropriate Court of Criminal Appeals. Original writs are rarely
granted.

\(2\) The Court may, in its discretion, entertain a writ-appeal petition
to review a decision of a Court of Criminal Appeals on a petition for
extraordinary relief. [See]{.underline} Rules 18(a)(4), 19(e), 27(b),
and 28.

**(c) Rules not to affect jurisdiction.** These Rules shall not be
construed to extend or to limit the jurisdiction of the United States
Court of Appeals for the Armed Forces as established by law.

\[Amended July 19, 1984, effective August 1, 1984; amended October 1,
1987; amended October 12, 1994; amended November 1, 1995, effective
November 15, 1995.\]

**RULE 5. SCOPE OF REVIEW**

The Court acts only with respect to the findings and sentence as
approved by reviewing authorities, and as affirmed or set aside as
incorrect in law by a Court of Criminal Appeals, except insofar as it
may take action on a certificate for review or a petition for review of
a decision by a Court of Criminal Appeals on appeal by the United States
under Article 62, UCMJ, 10 USC § 862 (1983), or to grant

extraordinary relief in aid of its jurisdiction, including the exercise
of its supervisory powers over the administration of the UCMJ. The Court
may specify or act on any issue concerning a matter of law which
materially affects the rights of the parties.

\[Amended October 1, 1987; amended October 12, 1994.\]

## RULE 6. QUORUM

**(a)** A majority of the judges in regular active service authorized to
constitute the United States Court of Appeals for the Armed Forces shall
constitute a quorum. The concurrence of the majority of such judges,
whether present and voting or voting telephonically or electronically,
shall be required for a final resolution of any matter before the Court,
subject to subsections (b), (c), and (d). In the event there are fewer
than 3 active judges, such active judges shall constitute a quorum.
[See]{.underline} Article 144, UCMJ, 10 USC § 944.

**(b)** The Chief Judge, or the judge performing the duties of the Chief
Judge, shall have the authority to issue temporary orders or stays
pending the convening of a quorum. [See]{.underline} Rules 15(f) and
27(a)(4).

**(c)** If no judge is present, the Clerk may adjourn the Court from day
to day. [See]{.underline} Rule 9(d).

**(d)** In the event a Senior Judge is recalled under Article 142(e),
UCMJ, 10 USC § 942(e), or an Article III judge is designated under
Article 142(f), UCMJ, 10 USC § 942(f), to sit on the Court, such judge
shall be deemed to be a judge in regular active service under this rule
with respect to those matters over which that judge has been recalled or
designated to serve. To the extent that a judge in regular active
service has been replaced under any circumstance set forth in Article
142(e)(1)(A)(i), (ii), or (iii), UCMJ, 10 USC § 942(e)(1)(A)(i), (ii),
or (iii), that judge shall not be included in the constitution of a
quorum under this rule. \[Interim change May 11, 1994; amended October
12, 1994; amended November 1, 1995, effective November 15, 1995.\]

## RULE 7. PROCESS

All process of the Court, except mandates, shall be in the name of the
United States and shall contain the names and the military rank or
civilian office, if any, of the parties.

## RULE 8. PARTIES

**(a)** The title of any case filed with the Court shall contain the
name, military rank, and service number of an accused and, where
appropriate, the official military or civilian title of any named party
who is an agent or officer

of the United States acting in such official capacity. In the case of an
appeal taken by the United States under Article 62, UCMJ, 10 USC § 862
(1983), the appeal shall be docketed under the same title given to the
action in the court-martial, with the accused and the United States
denominated as the sole parties therein.

**(b)** The party petitioning for grant of review of a decision of a
Court of Criminal Appeals, whether from a decision on appeal by the
United States under Article 62, UCMJ, 10 USC § 862 (1983), or from a
decision affecting the findings or sentence or both of a court-martial,
or from a decision on application for extraordinary relief, will be
deemed to be the appellant. Other named parties will be deemed to be the
appellees.

**(c)** When a certificate for review is filed by a Judge Advocate
General, the party prevailing below on the certified issues will be
deemed to be the appellee. The other party will be deemed to be the
appellant.

**(d)** When a mandatory review case is filed, the accused therein will
be deemed to be the appellant. The other party will be deemed to be the
appellee.

**(e)** If a petition for grant of review or a certificate for review is
filed after an action has been docketed in the same case, the party on
whose behalf relief is sought in the second action will be deemed to be
the appellant or cross-appellant, depending on whether such party has
been deemed to

be the appellant or appellee in the first action. The other party in the
second action will be deemed to be the appellee or cross-appellee in a
similar manner.

**(f)** The party or parties filing a petition for extraordinary relief
with the Court will be deemed to be the petitioner or petitioners. All
parties to the proceeding below other than the petitioner or petitioners
will be deemed to be the respondents for all purposes.

\[Amended October 1, 1987; amended February 27, 1991; amended October
12, 1994; amended March 26, 1998, effective May 1, 1998.\]

## CLERK'S OFFICE

**RULE 9. CLERK**

**(a) Location of office.** The Clerk's office shall be located in the
courthouse at 450 E Street, Northwest, Washington, D.C. 20442-0001.

**(b)** **Oath of office.** Before entering upon the execution of his
office, the Clerk shall take the oath or affirmation prescribed in § 951
of Title 28, United States Code.

**(c)** **Custodian of records.** The Clerk shall serve as custodian of
the records of the Court and shall not permit any documents relative to
a case to be taken from the courthouse except by order of a judge of the
Court. However, after final action on a case in which documents
containing classified information have been filed with the Court under
Rule 35A, the Clerk shall, as Court Security Officer, consult with the
originating armed service to determine the appropriate disposition of
such documents. [See]{.underline} Rule 12.

**(d) Disposition of procedural matters.** Notwithstanding the
provisions of Rule 6, the Clerk, on behalf of the Court, may entertain
and act on any motion seeking an enlargement of time not to exceed 30
days, leave to withdraw as counsel, or permission to file pleadings or
other papers relative to a matter pending before the Court, provided
such motion is not

opposed and such action does not substantially affect the rights of the
parties or the ultimate decision in the case. The order of the Clerk
shall be deemed the order of the Court.

**(e) Hours.** The Clerk's office shall be open for the filing of
pleadings and other papers from 9:00 a.m. to 5:00 p.m. every day except
Saturdays, Sundays, and legal holidays, or as otherwise ordered by the
Court. [See]{.underline} Rule 36(a).

\[Amended March 31, 1994; amended January 20, 1999, effective February
1, 1999; amended September 20, 1999, effective October 1, 1999.\]

## RULE 10. DOCKET

**(a)** **Maintenance of docket.** The Clerk shall maintain:

\(1\) a regular docket for cases subject to mandatory review, petitions
to review convictions or sentences affirmed by a Court of Criminal
Appeals, and certificates for review of final decisions in a Court of
Criminal Appeals;

\(2\) a miscellaneous docket for petitions for grant of review and
certificates for review of decisions by a Court of Criminal Appeals on
appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983),
petitions for extraordinary relief, writ-appeal petitions, and
certificates for review of

decisions on application for extraordinary relief in a Court of Criminal
Appeals; and

\(3\) a special docket of the matters arising under Rule 15 concerning
complaints of unprofessional conduct against a member of the Bar of this
Court.

The receipt of all pleadings or other papers filed, and any action by
the Court relative to a case, will be entered in the appropriate docket.
Entries in each docket will show the date, the nature of each pleading
or other paper filed, and the substance of any action by the Court. From
time to time, the Clerk shall, under the general direction of the Court,
determine the appropriate manner for keeping and preserving the dockets.

**(b) Docket number**. In a mandatory review case, a docket number will
be assigned upon receipt of the record from the Judge Advocate General.
In all other cases, a docket number will be assigned upon receipt of the
initial pleading. All pleadings or other papers subsequently filed in
the case will bear the assigned docket number.

**(c) Notice of docketing**. The Clerk shall notify the appropriate
Judge Advocate General and all parties of the receipt and docketing of a
case and the docket number assigned. In the case of a petition for
extraordinary relief, the Clerk shall also notify all named respondents
of the petition's receipt and docketing.

**(d)** **Entry of judgment.** The Clerk shall prepare, sign, date, and
enter the judgment immediately upon the filing of the opinion of the
Court. If a judgment is rendered without an opinion, the Clerk shall
prepare, sign, date, and enter such judgment in an order following
instruction from the Court. The Clerk shall, on the date a judgment is
entered, distribute to all parties and the Judge Advocate General of the
service in which the case arose a copy of the judgment and opinion, if
any, or of the order if no opinion was written. [See]{.underline} Rule
43.

\[Amended March 26, 1998, effective May 1, 1998.\]

### RULE 11. CALENDAR

**(a)** The Clerk shall prepare a calendar, consisting of the cases that
have become or will be available for hearing, which shall be arranged in
the first instance in the chronological order in which petitions for
grant of review have been granted or certified questions and mandatory
appeals have been filed with the Court. The arrangement of cases on the
calendar shall be subject to modification in light of the availability
of pleadings, extensions of time to file briefs, and orders to advance
or specially set cases for hearing.

**(b)** The Clerk shall periodically publish hearing lists in advance of
each Court session for the convenience of counsel and the information of
the public.

**(c)** The Clerk shall advise counsel when they are required to be
present in Court. [See]{.underline} Rule 40(b)(1).

**(d)** Cases may be advanced or postponed by order of the Court, upon
motion duly made showing good cause therefor, or on the Court's own
motion. [See]{.underline} Rule 40(b).

**(e)** Two or more cases involving the same question may, on the
Court's own order or by special permission, be heard together as one
case or on such terms as may be prescribed.

### RULE 12. CASES INVOLVING CLASSIFIED INFORMATION

**(a) Court Security Officer.** The Clerk shall serve as the Court
Security Officer for the purposes of providing for the protection of
classified information, and may designate such assistants as are
appropriate for such purposes.

**(b) Classified documents.** Documents containing classified
information will be stored and safeguarded by the Court Security Officer
in accordance with the Department of Defense Information Security
Program Regulation (DoD Regulation 5200.1-R) or the security procedures
established by the Chief Justice of the United States pursuant to Pub.L.
No. 96-456, 94 Stat. 2025, as appropriate. [See]{.underline} Rules 9(c)
and 35A.

**(c) Security clearances.** Security clearances for personnel on the
staff of the Court will be obtained by the Court Security Officer in
accordance with DoD Regulation 5200.1-R.

\[Amended January 20, 1999, effective February 1, 1999.\]

### ATTORNEYS

## Rule 13. QUALIFICATIONS TO PRACTICE

**(a)** No attorney shall practice before this Court unless the attorney
has been admitted to the Bar of this Court or is appearing
[pro]{.underline} [hac]{.underline} [vice]{.underline} by leave of the
Court. [See]{.underline} Rule 38(b).

**(b)** It shall be a requisite to the admission of attorneys to the Bar
of this Court that they be a member of the Bar of a federal court or of
the highest court of a State, Territory, Commonwealth, or Possession,
and that their private and professional character shall appear to be
good.

**(c)** Each applicant shall file with the Clerk an application for
admission on the form prescribed by the Court, together with an
application fee of \$25 and a certificate from the presiding judge,
clerk, or other appropriate officer of a court specified in (b) above,
or from any other appropriate official from the Bar of such court, that
the applicant is a member of the Bar in good standing and that such
applicant's

private and professional character appear to be good. The certificate of
good standing must be an original and must be dated within one year of
the date of the application.

**(d)** If the documents submitted demonstrate that the applicant
possesses the necessary qualifications, the Clerk shall so notify the
applicant and he or she may be admitted without appearing in Court by
subscribing a written oath or affirmation. However, if the applicant so
elects, the admission may be on oral motion by a member of the Bar of
this Court in open court. Upon admission, the Clerk shall issue to the
attorney a wallet-size admission card and a large certificate of
admission suitable for framing.

**(e)** Each applicant shall take or subscribe the following oath or
affirmation:

> "I \*\*\*, do solemnly swear (or affirm) that I will support the
> Constitution of the United States, and that I will conduct myself, as
> an attorney and counselor of this Court, uprightly and according to
> law. So help me God."

**(f)** Admissions will be granted on motion of the Court or upon oral
motion by a person admitted to practice before the Court. Special
admissions may be held by order of the Court.

\[Amended July 16, 1990, effective August 15, 1990; amended August 15,
1991, effective October 1, 1991.\]

## RULE 13A. STUDENT PRACTICE RULE

**(a) Appearance by law student.** With leave of this Court,

an eligible law student acting under a supervising attorney may appear
in a particular case, except a case in which any party is under or is
potentially subject to a sentence of death, on behalf of any party,
including the United States, provided that the student and supervising
attorney comply with the provisions of this rule.

**(b) Eligibility of student.** To be eligible to appear and participate
in any case, a law student must:

\(1\) be a student in good standing in a law school approved by the
American Bar Association, or be a recent graduate of such school
awaiting the result of a state bar examination;

\(2\) have completed legal studies amounting to at least 4 semesters, or
the equivalent if the school is on some basis other than a 3 year, 6
semester basis;

\(3\) have completed and received a passing grade in courses in criminal
procedure and criminal law;

\(4\) neither ask for nor receive any compensation or remuneration of
any kind from the person on whose behalf the services are rendered; and

\(5\) be familiar with the UCMJ and the rules of this Court.

**(c) Supervising attorney requirements.** A supervising attorney must:

\(1\) be an attorney of record in the case;

\(2\) be a member in good standing of the bar of this Court;

\(3\) have been admitted to practice for a minimum of 2 years and have
appeared and argued in at least 1 case before this Court or appeared and
argued in at least 3 cases before state or federal appellate courts;

\(4\) not supervise more than 5 students at any one time;

\(5\) appear with the student in any oral presentations before this
Court;

\(6\) read, approve, and sign all documents filed with this Court;

\(7\) assume personal professional responsibility for the student's work
in matters before this Court;

\(8\) be responsible to supplement the oral or written work of the
student as necessary to ensure proper representation of the client;

\(9\) guide and assist the student in preparation to the extent
necessary or appropriate under the circumstances;

\(10\) be available to consult with the client; and

\(11\) neither ask for nor receive any compensation or remuneration of
any kind from the person on whose behalf the services are rendered.

**(d) Authorization and certification.** (1) The party on whose behalf
the student appears must consent to the

representation by that student in writing.

\(2\) The supervising attorney must indicate in writing approval of the
appearance by the law student and consent to supervise the law student.

\(3\) The law student must be certified by the dean of the student's law
school as being of good character and competent legal ability.

\(4\) Before commencing student representation in any case under this
rule, the supervising attorney shall file a motion for leave to allow
student representation in such case. The motion should put forth that
the provisions of this rule have been met and that in counsel's view the
case is an appropriate one for student representation. The written
consent, approval, and certification referred to above shall be attached
to the motion. A copy of the motion shall be served on opposing counsel,
but no answer will be allowed except with leave of the Court. Once these
documents are filed, the Court will decide, using its discretion on a
case-by-case basis, whether to allow the student representation.

**(e) Activities.** Upon fulfilling the requirements of this rule, the
student may enter an appearance in a case and:

\(1\) assist in the preparation of briefs and other documents to be
filed in this Court, but such briefs or documents must also be signed by
the supervising attorney;

\(2\) participate in oral argument, but only in the presence of the
supervising attorney; and

\(3\) take part in other activities in connection with the case, subject
to the direction of the supervising attorney.

**(f) Termination.** The dean's certification of the student:

\(1\) shall remain in effect, unless sooner withdrawn, until the
publication of the results of the first bar examination taken by such
student following the student's graduation. For any student who passes
that examination, the certification shall continue in effect until the
date the student is admitted to the bar;

\(2\) may be withdrawn by the Court at any time; and

\(3\) may be withdrawn by the dean at any time.

**(g) Exceptions.** (1) This rule does not apply to an appearance or an
oral argument by a law student on behalf of an [amicus]{.underline}
[curiae]{.underline}. [See]{.underline} Rule 26(e).

\(2\) Nothing in this rule shall preclude the Government or any agency,
firm, or organization from compensating a law student for services
rendered under such rule.

\(3\) The Court retains the authority, on good cause shown, to establish
exceptions to these procedures in any case. [See]{.underline} Rule 33.

\[Adopted November 1, 1995, effective November 15, 1995.\]

## RULE 14. HONORARY MEMBERSHIP

Honorary membership in the Bar of the Court may be granted from time to
time to distinguished members of the legal profession of other nations
who are knowledgeable in the fields of military justice or the law of
war. A candidate for honorary membership will be presented at the Bar in
person

after the nomination has previously been approved by the Court. A
certificate of honorary membership in the Bar will be presented to the
person so honored.

## RULE 15. DISCIPLINARY ACTION

**(a)** The Model Rules of Professional Conduct of the American Bar
Association are hereby adopted as the rules of conduct for members of
the Bar of this Court. After notice, investigation, and hearing as
provided in this rule, the Court may take any disciplinary action it
deems appropriate for failure to comply with the Model Rules of
Professional Conduct.

**(b)** For purposes of this rule, the Court shall appoint an
Investigations Committee consisting of 5 members of the Bar of this
Court who shall be appointed for a period of 3 years. The Investigations
Committee shall consider such complaints as may be referred to it for
investigation, including the taking of evidence, and shall submit a
report of such investigation to the Court.

**(c)** Upon receipt and docketing of a written complaint under oath of
unprofessional conduct against a member of its Bar, the Court will cause
a copy thereof to be served by certified mail, return receipt requested,
on the attorney thus accused. The Clerk will, in addition, acknowledge
by letter, to the person filing such complaint, the receipt thereof. The
accused attorney will answer the complaint by filing a formal pleading
responsive to each allegation of misconduct within 30 days of receipt of
the complaint, but extensions of time may be granted by order of the
Court on the accused attorney's application. A complaint will be
docketed only if the Court makes a preliminary determination that it is
not frivolous.

**(d)** On consideration of the complaint and answer, and if it believes
a substantial basis exists for the complaint, the Court will refer the
matter to its Investigations Committee for consideration under
subsection (b). Otherwise, the Court will dismiss the complaint. Any
such investigation will be held privately, unless the accused attorney
requests that it be opened to the public.

**(e)** On receiving the report of the Investigations Committee, the
Court may dismiss the complaint or order the matter set down for
hearing, giving due notice to the accused attorney. At the hearing, the
accused attorney will be given opportunity to present such matters
relevant to the complaint as he or she deems appropriate and to examine
any witnesses against such attorney. All documents received in
connection with a complaint under this rule shall be furnished to the
accused attorney. A majority vote of the Court is necessary to find an
attorney guilty of unprofessional conduct and to fix any penalty.

**(f)** (1) When it is shown to the Court that any member of its Bar has
been disbarred or suspended from practice by any court, such member will
be forthwith called upon to show cause within 30 days why similar action
should not be taken by this Court. Upon the filing of the member's
answer to an order to show cause, or upon expiration of 30 days if no
answer is filed, the Court will enter an appropriate order; but no order
of disbarment or suspension will be entered except with the concurrence
of a majority of the judges participating.

\(2\) When it has been shown to the Court that a member of the Bar of
the Court has been convicted by court-martial or by other court of
competent jurisdiction of conduct which evidences a failure to comply
with the Model Rules of Professional Conduct and such conviction has
become final, the Court may, in lieu of the complaint and investigative
procedures set forth in subsections (b) through (e), initiate a
disciplinary action under this rule by issuance of an order to such
person to show cause why the person should not be disbarred. Upon the
filing of the member's answer to an order to show cause, or upon
expiration of 30 days if no answer is filed, the Court will set the
matter for hearing, giving the member due notice thereof, or enter such
other order as may be deemed appropriate; but no order of disbarment or
suspension will be entered except with the concurrence of a majority of
the judges participating.

**(g)** Penalties for unprofessional conduct may extend to reprimand,
suspension, or disbarment.

**(h)** Except for an order of reprimand, suspension, or disbarment, no
papers, pleadings, or other information relative to a complaint in a
disciplinary proceeding will be published or released to the public
without prior approval of the Court. The docket of matters arising under
this rule shall not be available to the public.

\[Amended July 16, 1990, effective August 15, 1990; amended March 26,
1998, effective May 1, 1998.\]

**RULE 16. ENTRY OF APPEARANCE AND**

## WITHDRAWAL BY COUNSEL

**(a)** Counsel shall enter an appearance in writing before
participating in the representation of a party to an action before the
Court; however, the filing of any pleading or other paper relative to a
case which contains the signature of counsel shall constitute such an
entry of appearance. [See]{.underline} Rules 13(a) and 38.

**(b)** Leave to withdraw by any counsel who has entered an appearance
under subsection (a) must be requested by motion in accordance with Rule
30. A motion by an appellate defense counsel must indicate the reasons
for the withdrawal and the provisions which have been made for continued
representation of the accused. A copy of a motion filed by an appellate
defense counsel shall be delivered or mailed to the accused by the
moving counsel.

**RULE 17. ASSIGNMENT OF COUNSEL**

Upon receipt of a notice of the docketing of a case issued under Rule
10(c), the appropriate Judge Advocate General shall designate appellate
military counsel to represent the parties, unless such counsel have
previously been designated. In a case involving a petition for
extraordinary relief wherein an accused has been denominated as the real
party in interest by a filing party or has been so designated by the
Court, the Judge Advocate General shall also designate appellate
military counsel to represent such accused.

## APPEALS

**RULE 18. METHODS OF APPEAL**

**(a)** The Court will entertain the following appeals:

\(1\) [Cases under Article 67(a)(3)]{.underline}. Cases under Article
67(a)(3), UCMJ, 10 USC § 867(a)(3) (1994), including decisions by a
Court of Criminal Appeals on appeal by the United States under Article
62, UCMJ, 10 USC § 862 (1983), may be appealed by the filing of a
petition for grant of review by an appellant or by counsel on behalf of
an appellant substantially in the form provided in Rule 20(a) or (b).

\(2\) [Cases under Article 67(a)(2)]{.underline}. Cases under Article

67(a)(2), UCMJ, 10 USC § 867(a)(2) (1994), including decisions by a
Court of Criminal Appeals on appeal by the United States under Article
62, UCMJ, 10 USC § 862 (1983), which are forwarded by a Judge Advocate
General by a certificate for review must be substantially in the form
provided in Rule 22(a).

\(3\) [Cases under Article 67(a)(1)]{.underline}. Cases under Article

67(a)(1), UCMJ, 10 USC § 867(a)(1) (1994), will be forwarded by a Judge
Advocate General by the filing of the record with the Court, together
with the form prescribed by Rule 23(a).

\(4\) [Cases under Rule 4(b)(2)]{.underline}. Decisions by a Court of
Criminal Appeals on petitions for extraordinary relief may be appealed
by filing a writ-appeal petition in accordance with Rules 27(b) and 28.

**(b)** In addition, the Court may, in its discretion, entertain
petitions for extraordinary relief including, but not limited to, writs
of mandamus, writs of prohibition, writs of habeas corpus, and writs of
error coram nobis. [See]{.underline} Rules 4(b)(1), 27(a), and 28.

\[Amended October 1, 1987; amended October 12, 1994; amended March 26,
1998, effective May 1, 1998.\]

## RULE 19. TIME LIMITS

**(a) Petition for grant of review/supplement/answer/reply.**

\(1\) A petition for grant of review shall be filed no later than 60
days from the earlier of:

> \(A\) the date on which the appellant is notified of the decision of
> the Court of Criminal Appeals; or
>
> \(B\) the date on which a copy of the decision of the Court of
> Criminal Appeals, after being served on appellate counsel of record
> for the appellant (if any), is deposited in the United States mails
> for delivery by first-class certified mail to the appellant at an
> address provided by the appellant or, if no such address has been
> provided by the appellant, at the latest address listed for the
> appellant in his official service record. Under circumstances where
> certified mail is not available, registered mail may be used.
> [See]{.underline} Article 67(b), UCMJ, 10 USC § 867(b) (1994).

\(2\) A certificate of notification shall be placed in the appellant's
record of trial setting forth the manner and date that the appellant was
notified of the decision of the Court of Criminal Appeals or the date
that a copy of such decision was mailed to the appellant after service
of a copy of such decision on appellate defense counsel of record.

\(3\) For purposes of this rule, a petition for grant of review will be
deemed to have been filed on the date when the petition has been mailed
or delivered by an appellant or by counsel on behalf of an appellant
directly to the Court.

\(4\) Any petition for grant of review received from an appellant or
counsel on behalf of an appellant shall, upon receipt, be accepted and
docketed by the Clerk. If it appears that such petition is not in accord
with Article 67, UCMJ, 10 USC § 867 (1994), or with the Court's Rules,
the United States may move to dismiss such petition.

> (5)(A) [Article 62, UCMJ, appeals]{.underline}. In cases involving a
> decision by a Court of Criminal Appeals on appeal by the United States
> under Article 62, UCMJ, 10 USC § 862 (1983), a supplement to the
> petition establishing good cause in accordance with Rule 21 shall be
> filed no later than 20 days after the issuance by the Clerk of a
> notice of docketing of such a petition for grant of review.
> [See]{.underline} Rule 10(c). An appellee's answer to the supplement
> to the petition for grant of review shall be filed no later than 10
> days after the filing of such supplement. A reply may be filed by the
> appellant no later than 5 days after the filing of the appellee's
> answer.
>
> \(B\) [Other appeals]{.underline}. In all other appeal cases, a
> supplement to the petition establishing good cause in accordance with
> Rule 21 shall be filed no later than 30 days after the issuance by the
> Clerk of a notice of docketing of a petition for grant of review.
> [See]{.underline} Rule 10(c). An appellee's answer to the supplement
> to the petition for grant of review may be filed no later than 30 days
> after the filing of such supplement. [See]{.underline} Rule 21(e). A
> reply may be filed by the appellant no later than 10 days after the
> filing of the appellee's answer.

\(6\) The Court shall act promptly on a petition for grant of review.
[See]{.underline} Article 67(b), UCMJ, 10 USC § 867(b) (1994).

\(7\) [Granted petitions]{.underline}.

> \(A\) [Article 62, UCMJ, appeals]{.underline}. Where a petition has
> been granted in a case involving a decision by a Court of Criminal
> Appeals on appeal by the United States under Article 62, UCMJ, 10 USC
> § 862 (1983), no further pleadings will be filed and the Court will,
> whenever practicable, give priority to such cases.
>
> \(B\) [Other appeals]{.underline}. Where a petition has been granted
> in all other appeal cases and briefs have been ordered, an appellant's
> brief shall be filed in accordance with Rule 24 no later than 30 days
> after the date of the order granting the petition. An appellee's
> answer shall be filed no later than 30 days after the filing of an
> appellant's brief. A reply may be filed by the appellant no later than
> 10 days after the filing of the appellee's answer.

**(b) Certificate for review/brief/answer/reply.**

\(1\) [Article 62, UCMJ, cases]{.underline}. In cases involving a
decision by a Court of Criminal Appeals on appeal by the United States
under Article 62, UCMJ, 10 USC § 862 (1983), a certificate for review,
together with a supporting brief in accordance with Rule 24 on behalf of
the appellant, shall be filed with the Court by the Judge Advocate
General no later than 30 days after the date of the decision of the
Court of Criminal Appeals. [See]{.underline} Rules 22 and 34(a). An
appellee's answer shall be filed no later than 10 days after the filing
of such certificate for review and supporting brief. A reply may be
filed by the appellant no later than 5 days after the filing of the
appellee's answer.

\(2\) [Extraordinary relief cases]{.underline}. In cases involving a
decision by a Court of Criminal Appeals on application for extraordinary
relief filed therein, a certificate for review, together with a
supporting brief in accordance with Rule 24 on behalf of the appellant,
shall be filed with the Court by the Judge Advocate General no later
than 30 days after the date of the decision of the Court of Criminal
Appeals. [See]{.underline} Rules 22 and 34(a). An appellee's answer
shall be filed no later than 10 days after the filing of such
certificate for review and supporting brief. A reply may be filed by the
appellant no later than 5 days after the filing of the appellee's
answer.

\(3\) [Other cases]{.underline}. In all other cases involving a decision
by a Court of Criminal Appeals, a certificate for review filed by the
Judge Advocate General shall be filed no later than 30 days after the
date of the decision of the Court of Criminal Appeals. [See]{.underline}
Rules 22 and 34(a). An appellant's brief shall be filed in accordance
with Rule 24 no later than 30 days after the issuance by the Clerk of a
notice of docketing of the certificate for review. An appellee's answer
shall be filed no later than 30 days after the filing of an appellant's
brief. A reply may be filed by the appellant no later than 10 days after
the filing of the appellee's answer.

**(c) Mandatory review case.** The record in a mandatory review case
shall be filed with the Court by the Judge Advocate General, together
with the form prescribed by Rule 23(a), upon the expiration of the time
for filing a petition for reconsideration of the decision of the Court
of Criminal Appeals or, in the event of the filing of such petition,
upon the final disposition thereof. A brief setting forth assigned
errors shall be filed by the appellant in accordance with Rule 24 no
later than 60 days after the issuance by the Clerk of a notice of
docketing of the case. An appellee's answer shall be filed no later than
60 days after the filing of the appellant's brief. A reply may be filed
by the appellant no later than 20 days after the filing of the
appellee's answer.

**(d) Petition for extraordinary relief**. A petition for extraordinary
relief under Rule 4(b)(1) shall be filed as soon as possible but, in any
event, no later than 20 days after the petitioner learns of the action
complained of. However, a petition for a writ of habeas corpus or writ
of error coram nobis may be filed at any time. [See]{.underline} Rules
27(a) and 28. The Court will, whenever practicable, give priority to
such cases.

**(e) Writ-appeal petition**. A writ-appeal petition under Rule 4(b)(2)
for review of a decision by a Court of Criminal Appeals acting on a
petition for extraordinary relief shall be filed no later than 20 days
after the date the decision of the Court of Criminal Appeals is served
on the appellant or the appellant's counsel. An appellee's answer shall
be filed no later than 10 days after the filing of the writ-appeal
petition. A reply may be filed by the appellant no later than 5 days
after the filing of the appellee's answer. [See]{.underline} Rules 27(b)
and 28. The Court will, whenever practicable, give priority to such
cases.

**(f) Petition for new trial**. When a petition for new trial has been
filed with the Court in a case pending before the Court, a brief in
support thereof, unless expressly incorporated in the petition, shall be
filed no later than 30 days after the issuance by the Clerk of a notice
of the filing of the petition. An appellee's answer shall be filed no
later than 30 days after the filing of an appellant's brief. A reply may
be filed no later than 10 days after the filing of the appellee's
answer. [See]{.underline} Rule 29.

\[Amended October 1, 1987; amended October 12, 1994; amended November 1,
1995, effective November 15, 1995; amended March 26, 1998, effective May
1, 1998.\]

## RULE 20. FORM OF PETITION FOR GRANT OF REVIEW

**(a) Form to be used by an appellant**. A petition for grant of review
under Rule 18(a)(1) filed personally by an appellant will be
substantially in the following form:

IN THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES

UNITED STATES, ) PETITION FOR GRANT OF

Appellee ) REVIEW

)

v\. )

)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ )

(Full typed name, rank, ) Crim.App. Dkt. No. \_\_\_\_

& service of appellant) )

(Service no. \_\_\_), ) USCA Dkt. No. \_\_\_\_

) \[For Court use only\]

Appellant )

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES:

1\. I hereby petition the Court for review of the decision of the Court
of Criminal Appeals \[on appeal by the United States under Article 62,
Uniform Code of Military Justice, 10 USC § 862 (1983)\] \[on appeal
under Article 66, Uniform Code of Military Justice, 10 USC § 866\].

2\. I understand that, unless I specifically request the contrary, a
military lawyer will be designated by the Judge Advocate General to
represent me free of charge before the U.S. Court of Appeals for the
Armed Forces.

SIGNED: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Put your signature here)

DATED: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Put mailing date here)

MAIL TO:

U.S. Court of Appeals for the

Armed Forces

450 E St., N.W.

Washington, D.C. 20442-0001

**(b) Form to be used by an appellant's counsel.** A petition for grant
of review under Rule 18(a)(1) filed by counsel on behalf of an appellant
will be substantially in the following form:

IN THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES

UNITED STATES, ) PETITION FOR GRANT OF

Appellee ) REVIEW

)

v\. )

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ )

(Full typed name, rank, ) Crim.App. Dkt. No. \_\_\_\_

& service of appellant) )

(Service no. \_\_\_\_), ) USCA Dkt. No. \_\_\_\_

> ) \[For Court use only\]

Appellant )

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES:

The undersigned counsel, on behalf of (*insert appellant's full name
here*), hereby petitions the United States Court of Appeals for the
Armed Forces for a grant of review of the decision of the Court of
Criminal Appeals \[on appeal by the United States under Article 62,
Uniform Code of Military Justice, 10 USC § 862 (1983)\] \[on appeal
under Article 66,

Uniform Code of Military Justice, 10 USC § 866\], pursuant to the
provisions of Article 67(a)(3), Uniform Code of Military Justice, 10 USC
§ 867(a)(3) (1994).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Signature of counsel)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Typed name of counsel)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Address of counsel)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Telephone no. of counsel)

(**c**) An appellant or counsel on behalf of an appellant shall file a
petition for grant of review in the manner and within the time limits
set forth in Rule 19(a).

(**d**) When a petition for grant of review is filed with the Court, the
Clerk will cause a copy thereof to be delivered to the Judge Advocate
General of the appellant's service, to the appellant's counsel, if named
in the petition, and to government counsel. Upon receipt of a copy of
the petition from the Clerk, the Judge Advocate General shall designate
counsel to represent the parties unless such parties are already
represented by counsel. [See]{.underline} Rule 17.

**(e)** Upon issuance by the Clerk under Rule 10(c) of a notice of
docketing of a petition for grant of review, counsel for the appellant
shall file a supplement to the petition in accordance with the
applicable time limit set forth in Rule

19(a)(5)(A) or (B), and the provisions of Rule 21.

\[Amended October 1, 1987; amended October 12, 1994; amended February
27, 1996.\]

## RULE 21. SUPPLEMENT TO PETITION FOR GRANT OF REVIEW

**(a)** Review on petition for grant of review requires a showing of
good cause. Good cause must be shown by the appellant in the supplement
to the petition, which shall state with particularity the error(s)
claimed to be materially prejudicial to the substantial rights of the
appellant. [See]{.underline} Article 59(a), UCMJ, 10 USC § 859(a).

**(b)** The supplement to the petition shall be filed in accordance with
the applicable time limit set forth in Rule 19(a)(5)(A) or (B), shall
include an Appendix required by Rule 24(a), shall conform to the
provisions of Rules 24(b), 35A, and 37, and shall contain:

\(1\) A statement of the errors assigned for review by the Court;

\(2\) A statement of the case setting forth a concise chronology,
including the results of the trial, the actions of the intermediate
reviewing authorities and the Court of Criminal Appeals, and any other
pertinent information regarding the proceedings;

\(3\) A statement of facts of the case material to the errors assigned,
including specific page references to each relevant portion of the
record of trial;

\(4\) A direct and concise argument showing why there is good cause to
grant the petition, demonstrating with particularity why the errors
assigned are materially prejudicial to the substantial rights of the
appellant. Where applicable, the supplement to the petition shall also
indicate whether the court below has:

> \(A\) decided a question of law which has not been, but should be,
> settled by this Court;
>
> \(B\) decided a question of law in a way in conflict with applicable
> decisions of (i) this Court, (ii) the Supreme Court of the United
> States, (iii) another Court of Criminal Appeals, or (iv) another panel
> of the same Court of Criminal Appeals;
>
> \(C\) adopted a rule of law materially different from that generally
> recognized in the trial of criminal cases in the United States
> district courts;
>
> \(D\) decided the validity of a provision of the UCMJ or other act of
> Congress, the Manual for Courts-Martial, a service regulation, a rule
> of court or a custom of the service the validity of which was directly
> drawn into question in that court;
>
> \(E\) decided the case (i) en banc or (ii) by divided vote;
>
> \(F\) so far departed from the accepted and usual course of judicial
> proceedings, or so far sanctioned such a departure by a court-martial
> or other person acting under the authority of the UCMJ, as to call for
> an exercise of this Court's power of supervision; or
>
> \(G\) taken inadequate corrective action after remand by the Court
> subsequent to grant of an earlier petition in the same case and that
> appellant wishes to seek review from the Supreme Court of the United
> States; and

\(5\) A certificate of filing and service in accordance with Rule 39(e).

**(c)**(1) [Answer/reply in Article 62, UCMJ, appeals]{.underline}. An
appellee's answer to the supplement to the petition for grant of review
in an Article 62, UCMJ, 10 USC § 862 (1983), case shall be filed no
later than 10 days after the filing of such supplement. A reply may be
filed by the appellant no later than 5 days after the filing of the
appellee's answer.

\(2\) [Answer/reply in other appeals]{.underline}. An appellee's answer
to the supplement to the petition for grant of review in all other
appeal cases may be filed no later than 30 days after the filing of such
supplement, [see]{.underline} Rule 21(e); as a discretionary alternative
in the event a formal answer is deemed unwarranted, an appellee may file
with the Clerk of the Court a short letter, within 10 days after the
filing of the appellant's supplement to the petition under Rule 21,
setting forth one of the following alternative positions: (i) that the
United States submits a general opposition to the assigned error(s) of
law and relies on its brief filed with the Court of Criminal Appeals; or
(ii) that the United States does not oppose the granting of the petition
(for some specific reason, such as an error involving an unsettled area
of the law). A reply may be filed by the appellant no later than 10 days
after the filing of the appellee's answer.

**(d)** The Court may, in its discretion, examine the record in any case
for the purpose of determining whether there appears to be plain error
not assigned by the appellant. The Court may then specify and grant
review of any such errors as well as any assigned errors which merit
review.

**(e)** Where no specific errors are assigned in the supplement to the
petition, the Court will proceed to review the petition without awaiting
an answer thereto. [See]{.underline} Rule 19(a)(5).

**(f)** An appellant or counsel for an appellant may move to withdraw
his petition at any time. [See]{.underline} Rule 30.

\[Amended October 1, 1987; amended July 16, 1990, effective August 15,
1990; amended October 12, 1994; amended January 20, 1999, effective
February 1, 1999.\]

## RULE 22. CERTIFICATE FOR REVIEW

**(a)** A certificate for review under Rule 18(a)(2) will be
substantially in the following form:

IN THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES

UNITED STATES, )

(Appellee) )

(Appellant) )

v\. ) CERTIFICATE FOR REVIEW

)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ )

(Full typed name, rank, ) Crim.App. Dkt. No. \_\_\_\_

& service of accused) )

(Service no. \_\_\_), ) USCA Dkt. No. \_\_\_\_

) \[For Court use only\]

(Appellant) )

(Appellee) )

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES:

1\. Pursuant to Article 67(a)(2) of the Uniform Code of Military
Justice, 10 USC § 867(a)(2) (1994), the record of trial and decision of
the United States \_\_\_\_\_\_\_\_\_ Court of Criminal Appeals in the
above-entitled case are forwarded for review.

2\. The accused has been found guilty by a (*type of court-martial*) of
a violation of Article(s) \_\_\_\_\_\_\_\_ of the Uniform Code of
Military Justice and has been sentenced to (*include entire adjudged
sentence*) on the (*insert trial date*). The trial took place at
(*location*). The convening authority approved the following findings
and sentence: \_\_\_\_\_\_\_\_. The officer exercising general
court-martial jurisdiction (where applicable) took the following action:
\_\_\_\_\_\_\_\_. The Court of Criminal Appeals (*state action taken*).
\[Substitute different case history facts as appropriate when the Court
of Criminal Appeals decision involves an application for extraordinary
relief or an appeal by the United States under Article 62, UCMJ, 10 USC
§ 862 (1983).\]

3\. It is requested that action be taken with respect to the following
issues:

\[set out issues here\]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The Judge Advocate General

Received a copy of the foregoing Certificate for Review this \_\_\_\_\_
day of \_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Appellate Government Counsel Appellate Defense Counsel

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address and telephone no. Address and telephone no.

**(b)**(1) [Article 62, UCMJ, cases]{.underline}. A certificate for
review of a decision by a Court of Criminal Appeals on appeal by the
United States under Article 62, UCMJ, 10 USC § 862 (1983), shall be
filed, together with a supporting brief in accordance with Rule 24, on
behalf of the appellant no later than 30 days after the date of the
decision of the Court of Criminal Appeals. [See]{.underline} Rule 34(a).
An appellee's answer shall be filed no later than 10 days after the
filing of such certificate for review and supporting brief. A reply may
be filed by the appellant no later than 5 days after the filing of the
appellee's answer.

\(2\) [Extraordinary relief cases]{.underline}. A certificate for review
of a decision by a Court of Criminal Appeals on application for
extraordinary relief filed therein shall be filed, together with a
supporting brief in accordance with Rule 24, on behalf of the appellant,
no later than 30 days after the date of the decision of the Court of
Criminal Appeals. [See]{.underline} Rule 34(a). An appellee's answer
shall be filed no later than 10 days after the filing of such
certificate for review and supporting brief. A reply may be filed by the
appellant no later than 5 days after the filing of the appellee's
answer.

\(3\) [Other cases]{.underline}. In all other cases involving a decision
by a Court of Criminal Appeals, a certificate for review shall be filed
no later than 30 days after the date of the decision of the Court of
Criminal Appeals. [See]{.underline} Rule 34(a). A brief in support of
the certified issues shall be filed by the appellant in accordance with
Rule 24 no later than 30 days after the issuance by the Clerk of a
notice of docketing of the certificate for review. An appellee's answer
shall be filed no later than 30 days after the filing of an appellant's
brief. A reply may be filed by the appellant no later than 10 days after
the filing of the appellee's answer.

\[Amended October 1, 1987; amended October 12, 1994; amended February
27, 1996.\]

## RULE 23. MANDATORY REVIEW CASE

**(a)** The record in a mandatory review case under Rule 18(a)(3) will
be filed, together with the following form:

IN THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES

UNITED STATES, )

Appellee )

)

v\. ) MANDATORY REVIEW CASE

)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ )

(Full typed name, rank, ) Crim.App. Dkt. No. \_\_\_\_

& service of appellant) )

(Service no. \_\_\_), ) USCA Dkt. No. \_\_\_\_

> ) \[For Court use only\]

Appellant )

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES:

1\. The appellant, having an approved sentence to death, is entitled to
mandatory review under Article 67(a)(1) of the Uniform Code of Military
Justice, 10 USC § 867(a)(1) (1994).

2\. The appellant was notified of the decision of the Court of Criminal
Appeals on (*insert notification date*).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The Judge Advocate General

Received a copy of the foregoing this \_\_\_\_\_ day of
\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Appellate Government Counsel Appellate Defense Counsel

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address and telephone no. Address and telephone no.

**(b)** In a mandatory review case, a brief setting forth assigned
errors shall be filed by the appellant in accordance with Rule 24 no
later than 60 days after the issuance by the Clerk of a notice of
docketing of the case. Such brief shall not incorporate by reference
that filed before a Court of Criminal Appeals, the convening authority,
or the military judge. An appellee's answer shall be filed no later than
60 days after the filing of the assignment of errors and supporting
brief. A reply may be filed by the appellant no later than 20 days after
the filing of the appellee's answer.

\[Amended July 19, 1984, effective August 1, 1984; amended October 12,
1994; amended February 27, 1996.\]

**BRIEFS**

**RULE 24. FORM, CONTENT, AND PAGE LIMITATIONS**

**(a)** **Form and content**. All briefs shall conform to the printing,
copying, and style requirements of Rule 37, shall be legible, and shall
be substantially as follows:

IN THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES

UNITED STATES, )

(Appellee) )

(Appellant) ) BRIEF ON BEHALF

(Respondent)) OF (APPELLANT,

v\. ) APPELLEE, ETC.)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ )

(Full typed name, rank, ) Crim.App. Dkt. No. \_\_\_\_\_\_

& service of accused) )

(Service no. \_\_\_), ) USCA Dkt. No. \_\_\_\_\_\_\_\_

(Appellant) )

(Appellee) )

(Petitioner) )

## Index of Brief

\[[See]{.underline} Rule 37(c)(1)\]

## Table of Cases, Statutes, and Other Authorities

## Issue(s) Presented

\[Set forth, *in a concise statement*, each issue granted review by the
Court, raised in the certificate for review or mandatory review case, or
presented in the petition for extraordinary relief, writ-appeal
petition, or petition for new trial. Issues presented will be set forth
in upper case letters.\]

## Statement of the Case

\[Set forth a concise chronology, including the results of the accused's
trial, action by the convening authority and the Court of Criminal
Appeals, as well as any other pertinent information regarding the
proceedings, *including, where applicable, the date the petition for
review was granted*.\]

## Statement of Facts

\[Set forth a concise statement of the facts of the case material to the
issue or issues presented, including specific page references to each
relevant portion of the record of trial. Answers may adopt the
appellant's or petitioner's statement of facts if there is no dispute,
may state additional facts, or, if there is a dispute, may restate the
facts as they appear from the appellee's or respondent's viewpoint. The
repetition of uncontroverted matters is not desired.\]

## Summary of Argument

\[*Each brief and answer shall contain a summary of argument, suitably
paragraphed to correspond to each issue presented. The summary should be
a succinct but accurate and clear condensation of the arguments made in
the body of the brief.*\]

## Argument

\[Discuss briefly the point of law presented, citing and quoting such
authorities as are deemed pertinent. *The argument must also include for
each issue presented a statement of the applicable standard of review.
The standard of review may appear in the discussion of each issue or
under a separate heading*.\]

## Conclusion

\[State the relief sought as to each issue presented, for example,
reversal of the Court of Criminal Appeals decision and dismissal of the
charges, grant of a new trial, the extraordinary relief sought, etc. No
particular form of language is required, so long as the brief concludes
with a clear prayer for specific Court action.\]

## Appendix

\[The brief of the appellant or petitioner shall include an appendix
containing a copy of the Court of Criminal Appeals decision, unpublished
opinions cited in the brief, and relevant extracts of rules and
regulations. The appellee or respondent shall similarly file an appendix
containing a copy of any additional unpublished opinions and relevant
extracts of rules and regulations cited in the answer.\]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Signature of counsel)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Typed name of counsel)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Address of counsel)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Telephone no. of counsel)

## CERTIFICATE OF FILING AND SERVICE

I certify that a copy of the foregoing was \[mailed\] \[delivered\] to
the Court and \[mailed\] \[delivered\] to (enter name of each counsel of
record) on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

(date)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Typed name and signature)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Address and telephone no.)

**(b)** **Page limitations**. Unless otherwise authorized by order of
the Court or by motion of a party granted by the Court
([see]{.underline} Rule 30), the page limitations for briefs filed with
the Court, not including appendices, shall be as follows:

\(1\) Briefs of the appellants/petitioners shall not exceed 50 pages;

\(2\) Answers of the appellees/respondents shall not exceed 50 pages;

\(3\) Replies of the appellants/petitioners shall not exceed 15 pages.

\[Amended October 1, 1987; amended October 30, 1991, effective November
4, 1991; amended March 3, 1992, effective April 1, 1992; amended October
12, 1994; amended February 27, 1996; amended January 12, 1998, effective
February 2, 1998; amended January 20, 1999, effective February 1,
1999.\]

## RULE 25. WHEN BRIEFS ARE REQUIRED

Unless otherwise ordered by the Court, briefs shall be filed in all
mandatory review cases and in support of all granted petitions,
certificates for review, and petitions for new trial. The appellee's
answer and the appellant's reply in any of the foregoing instances shall
also be in the format specified in Rule 24. The answer and reply to the
supplement to a petition for grant of review shall be in accordance with
Rule 21(c).

\[Amended March 26, 1998, effective May 1, 1998.\]

## RULE 26. [AMICUS]{.underline} [CURIAE]{.underline} BRIEFS

**(a)** A brief of an [amicus]{.underline} [curiae]{.underline} may be
filed (1) by an appellate government or defense division of an armed
service other than that in which the case has arisen, (2) by invitation
of the Court, or (3) by motion for leave to file granted by the Court.

**(b)** Unless otherwise ordered by the Court, a brief of an
[amicus]{.underline} [curiae]{.underline} under subsection (a)(1) of
this rule shall be filed no later than 10 days after the filing of the
answer by the appellee or respondent.

**(c)** Neither the hearing nor the disposition of a case will be
delayed pending action on a motion for leave to file an
[amicus]{.underline} [curiae]{.underline} brief or a motion of an
[amicus]{.underline} [curiae]{.underline} to participate in a hearing,
or to await the filing of a brief of an [amicus]{.underline}
[curiae]{.underline} under this rule.

**(d)** A brief of an [amicus]{.underline} [curiae]{.underline} shall
not exceed 30 pages, excluding appendices.

**(e)** A member of the Bar of the Court who represents an
[amicus]{.underline} [curiae]{.underline} and is authorized to file a
brief under paragraph (a) of this rule may file a motion for leave to
have a law student enter an appearance on behalf of the
[amicus]{.underline} [curiae]{.underline}*.* To be eligible to
participate under this rule, a law student must be acting under the
attorney's supervision and the attorney and the law student must
substantially comply with the requirements of Rule 13A(b)(1)-(5) and
(c)(1)-(11). Argument by a law student granted permission to appear on
behalf of an [amicus]{.underline} [curiae]{.underline} may be requested
by motion filed under Rule 30.

\[Amended March 26, 1998, effective May 1, 1998.\]

## EXTRAORDINARY RELIEF

**RULE 27. PETITION FOR EXTRAORDINARY RELIEF, WRIT-APPEAL**

**PETITION, ANSWER, AND REPLY**

**(a) Petition for extraordinary relief**.

\(l\) A petition for extraordinary relief shall be filed within the time
prescribed by Rule 19(d), shall conform in length to Rule 24(b), and, in
accordance with Rule 39, be accompanied by proof of service on all
respondents. The petitioner shall also provide a copy of the petition to
any trial or appellate military judge whose decision, judgment, or order
is the subject of the petition.

(2)(A) The petition for extraordinary relief shall be captioned "In Re
\[name of petitioner\]."

\(B\) The petition shall contain:

> \(i\) A history of the case, including whether prior
>
> actions or requests for the same relief have been
>
> filed or are pending in this or any other forum and
>
> the disposition or status thereof;
>
> \(ii\) the reasons relief has not been sought from the
>
> appropriate Court of Criminal Appeals, if that is the case
> ([see]{.underline} Rule 4(b)(l));
>
> \(iii\) the relief sought;
>
> \(iv\) the issues presented;
>
> \(v\) the facts necessary to understand the issues
>
> presented by the petition;
>
> \(vi\) the reasons why the writ should issue; and
>
> \(vii\) the mailing address, telephone, and facsimile
>
> telephone numbers of each respondent.

\(C\) The petition shall include copies of any order

or opinion or parts of the record that may be

essential to understand the matters set forth in

the petition.

\(D\) [Service on Judge Advocate General]{.underline}. The Clerk

shall forward a copy of the petition to the Judge

Advocate General of the service in which the case

arose.

\(3\) [Denial; Order Directing Answer; Briefs; Precedence]{.underline}.

> \(A\) The Court may deny the petition without answer.
>
> Otherwise, it may order the respondent or respondents
>
> to answer within a fixed time. [See]{.underline} Rule 28(b)(l).
>
> The Court may also take any other action deemed
>
> appropriate, including referring the matter to a
>
> special master, who may be a military judge or other
>
> person, to make further investigation, to take
>
> evidence, and to make such recommendations to the
>
> Court as are deemed appropriate. [See]{.underline} [United States
> v.]{.underline}
>
> [DuBay]{.underline}, 17 USCMA 147 (1967).
>
> \(B\) When the Court directs that an answer be filed,
>
> two or more respondents may answer jointly.
>
> \(C\) The Court may invite or order any trial or
>
> appellate military judge whose decision, judgment,
>
> or order is the subject of the petition to respond
>
> or may invite an [amicus]{.underline} [curiae]{.underline} to do so. A
> trial or
>
> appellate military judge may request permission to
>
> respond but may not respond unless invited or ordered
>
> to do so by the Court.
>
> \(D\) The Court may set the matter for hearing.
>
> However, the Court may grant or deny the relief sought
>
> or issue such other order in the case as the
>
> circumstances may require on the basis of the
>
> pleadings alone.
>
> \(E\) If further briefing or oral argument is required,
>
> the Clerk shall advise the parties and, when
>
> appropriate, any judge or judges or [amicus]{.underline}
> [curiae]{.underline}.

\(4\) [Electronic message petitions]{.underline}. The Court will not
docket petitions for extraordinary relief submitted by means of an
electronic message or by facsimile without prior approval of the Clerk.

**(b) Writ-appeal petition, answer, and reply**. A writ-appeal petition
for review of a decision by a Court of Criminal Appeals acting on a
petition for extraordinary relief shall be filed by an appellant,
together with any available record, including the items specified by
subsection (a)(2)(C), within the time prescribed by Rule 19(e), shall be
accompanied by proof of service on the appellee in accordance with Rule
39, and shall contain the information required by subsection (a)(2)(B).
The appellee shall file an answer no later than 10 days after the filing
of the writ-appeal petition. A reply may be filed by the appellant no
later than 5 days after the filing of the appellee's answer.
[See]{.underline} Rules 28(b)(2) and (c)(2). Upon the filing of
pleadings by the parties, the Court may grant or deny the writ-appeal
petition or take such other action as the circumstances may require.

\[Amended March 26, 1998, effective May 1, 1998.\]

**RULE 28. FORM OF PETITION FOR EXTRAORDINARY RELIEF, WRIT-**

**APPEAL PETITION, ANSWER, AND REPLY**

**(a) Petition/writ-appeal petition**. A petition for extraordinary
relief or a writ-appeal petition for review of a Court of Criminal
Appeals decision on application for extraordinary relief will be
accompanied by any order or opinion or parts of the record that may be
essential to understanding the matters set forth in the petition, and
will be substantially in the following form:

IN THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES

) \[PETITION FOR EXTRAORDI-

In Re \[Petition For Extra-) NARY RELIEF IN THE NATURE

ordinary Relief Only\] ) OF (Type of Writ Sought)\]

\_\_\_\_\_\_\_\_\_\_\_, )

(Petitioner) ) OR

(Appellant) )

v\. ) \[WRIT-APPEAL PETITION FOR

) REVIEW OF (Name of Service)

\_\_\_\_\_\_\_\_\_\_\_, ) COURT OF CRIMINAL APPEALS

(Respondent) ) DECISION ON APPLICATION FOR

(Appellee) ) EXTRAORDINARY RELIEF\]

)

) \[Crim.App. Misc. Dkt. No. \_\_\_\]

) \[Use For Writ-Appeal Only\]

) USCA Misc. Dkt. No. \_\_\_\_\_\_\_\_\_

) \[For Court Use Only\]

## Preamble

The (petitioner) (appellant) hereby prays for an order directing the
(respondent) (appellee) to:

\[Briefly state the relief sought.\]

## I

## History of the Case

\[[See]{.underline} Rule 27(a)(2)(B)(i)\]

## II

**Reasons Relief Not Sought Below**

\[[See]{.underline} Rule 27(a)(2)(B)(ii)\]

**III**

**Relief Sought**

\[State with particularity the relief which the petitioner or appellant
seeks to have the Court order.\]

**IV**

**Issues Presented**

\[Do not include citations of authority or discussion of principles. Set
forth no more than the full questions of law involved.\]

**V**

## Statement of Facts

\[[See]{.underline} Rule 27(a)(2)(B)(v)\]

## VI

**Reasons Why Writ Should Issue**

\[Where applicable, indicate why the Court of Criminal Appeals erred in
its decision.\]

**VII**

**Respondents' Addresses, Telephone,**

**and Facsimile Numbers**

\[[See]{.underline} Rule 27(a)(2)(B)(vii)\]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of the \[petitioner\] \[appellant\] \[counsel\]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Address, telephone no., and facsimile no. of the \[petitioner\]
\[appellant\] \[counsel\]

## CERTIFICATE OF FILING AND SERVICE

I certify that a copy of the foregoing was \[mailed\] \[delivered\] to
the Court, \[mailed\] \[delivered\] to the \[trial or appellate military
judge whose decision, judgment, or order is the subject of the
petition\], and \[mailed\] \[delivered\] to the \[respondent\]
\[appellee\] on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

(date)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Typed name and signature)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Address and telephone no.)

**(b)** **Answer**.

\(1\) The respondent's answer to an order to show cause, if ordered by
the Court after consideration of a petition for extraordinary relief,
shall be in substantially the same form as that of the petition, except
that the answer may incorporate the petitioner's statement of facts, add
supplementary facts, or contest the statement. To the extent that the
petitioner's statement of facts is not contested by the respondent, it
shall be taken by the Court as representing an accurate declaration of
the basis on which relief is sought. The answer to the order to show
cause will be filed no later than 10 days after service on the
respondent of the order requiring such answer, unless a different time
for filing the answer is specified in the Court's order.

\(2\) The appellee's answer to a writ-appeal petition shall be filed no
later than 10 days after the filing of the appellant's writ-appeal
petition.

**(c)** **Reply**.

\(1\) A reply may be filed by the petitioner no later than 5 days after
the filing of a respondent's answer to an order to show cause.

\(2\) A reply may be filed by an appellant, in the case of a writ-appeal
petition, no later than 5 days after the filing of an appellee's answer.

\[Amended October 12, 1994; amended February 27, 1996; amended March 26
and April 30, 1998, effective May 1, 1998.\]

## PETITIONS FOR NEW TRIAL

**RULE 29. FILING, NOTICE, BRIEFS, AND SPECIAL MASTER**

**(a) Filing**. A petition for new trial will be filed with the Judge
Advocate General of the service concerned, who, if the case is pending
before this Court, will transmit it, together with 7 copies, to the
Clerk's office for filing with the Court.

**(b) Notice.** Upon receipt of a petition for new trial transmitted by
the Judge Advocate General, the Clerk will notify all counsel of record
of such fact.

**(c) Briefs.** A brief in support of a petition for new trial, unless
expressly incorporated in the petition, will be filed substantially in
the form specified in Rule 24 no later than 30 days after the issuance
by the Clerk of a notice of the filing of the petition. An appellee's
answer shall be filed no later than 30 days after the filing of an
appellant's brief. A reply may be filed no later than 10 days after the
filing of the appellee's answer.

**(d) Special Master.** The Court may refer a petition for new trial to
a special master, who may be a military judge or other person, to make
further investigation, to take evidence, and to make such
recommendations to the Court as are deemed appropriate.
[See]{.underline} [United States v. DuBay]{.underline}, 17 USCMA 147
(1967).

\[Amended March 31, 1994.\]

**MOTIONS**

**RULE 30. MOTIONS**

**(a)** All motions will be filed in writing and will state with
particularity the relief sought and the factual or legal grounds for
requesting such relief, and will include a certificate of filing and
service in accordance with Rule 39(e). A copy will be served on opposing
counsel and others who have entered an appearance in the proceedings.

**(b)** An answer to a motion may be filed no later than 5 days after
the filing of the motion.

**(c)** A reply to an answer to a motion may be filed no later than 5
days after the filing of the answer.

**(d)** Motions will be separately filed before the Court and shall not
be incorporated in any other pleading.

**(e)** Once a notice of hearing has been given to counsel for the
parties, motions may not be filed within 5 working days prior to the
date on which such hearing is scheduled, except by leave of the Court
and for good cause shown.

**(f)** Oral motions presented by counsel by leave of the Court during a
hearing shall be forthwith reduced to writing by the moving counsel and
filed with the Court within 3 days after such hearing.

**(g)** Notwithstanding any other provision of these rules, the Court
may immediately act on any motion without awaiting an answer or a reply,
if it appears that the relief sought ought to be granted. Any party
adversely affected by such action may request reconsideration, vacation,
or modification of such action.

\[Amended November 1, 1995, effective November 15, 1995; amended
September 20, 1999, effective October 1, 1999.\]

#### FACTFINDING

## RULE 30A. FACTFINDING

**(a)** **General**. The Court will normally not consider any facts
outside of the record established at the trial and the Court of Criminal
Appeals.

**(b) Judicial notice**. In an appropriate case, the Court may take
judicial notice of an indisputable adjudicative fact.

**(c)** **Remand for factfinding.** If an issue concerning an unresolved
material fact may affect the Court's resolution of the case, a party may
request, or the Court may [sua]{.underline} [sponte]{.underline} order,
a remand of the case or the record to the Court of Criminal Appeals. If
the record is remanded, the Court retains jurisdiction over the case. If
the case is remanded, the Court does not retain jurisdiction, and a new
petition for grant of review or certificate for review will be necessary
if a party seeks review of the proceedings conducted on remand.

**(d) Stipulation by the parties.** If an issue concerning an unresolved
material fact may affect the Court's resolution of the case, the parties
may stipulate to a factual matter, subject to the Court's approval.

**(e) Other means.** Where it is impracticable to remand a case to the
Court of Criminal Appeals, the Court may order other means to develop
relevant facts, including the appointment of a special master to hold
hearings, if necessary, and to make such recommendations to the Court as
are deemed appropriate.

\[Adopted May 25, 1999, effective July 1, 1999.\]

## RECONSIDERATION

**RULE 31. PETITION FOR RECONSIDERATION**

**(a)** A petition for reconsideration may be filed no later than 10
days after the date of any order, decision, or opinion by the Court.

**(b)** An answer may be filed by opposing counsel no later than 5 days
after the filing of the petition.

**(c)** A reply to an answer to a petition may be filed no later than 5
days after the filing of the answer.

**(d)** A petition for reconsideration shall be granted with the
concurrence of a majority of the judges who participated in the original
decision.

**(e)** Consecutive petitions for reconsideration, and any such petition
that is out of time, will not be filed unless accompanied by a motion
for leave to file the same, in accordance with Rule 30, and unless such
motion is granted by the Court.

\[Amended November 1, 1995, effective November 15, 1995; amended January
20, 1999, effective February 1, 1999.\]

## RULE 32. FORM OF PETITION FOR RECONSIDERATION

A petition for reconsideration will be filed in substantially the
following form:

IN THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES

)

\_\_\_\_\_\_\_\_\_\_\_, )

(Appellee) )

(Appellant) )

(Respondent) ) PETITION FOR RECON-

(Petitioner) ) SIDERATION

v\. )

)

\_\_\_\_\_\_\_\_\_\_\_, ) Crim.App. Dkt. No. \_\_\_\_\_\_

(Appellant) )

(Appellee) ) USCA Dkt. No. \_\_\_\_\_\_

(Petitioner) )

(Respondent) )

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS

FOR THE ARMED FORCES:

The Court is requested to reconsider its (opinion) (order) (decision) in
this case for the following reason(s):

\[The petition shall state with particularity the points of law or fact
which, in the opinion of the party seeking reconsideration, the Court
has overlooked or misapprehended and shall contain such argument in
support of the petition as the party desires to present. **Petitions are
not to contain merely a restatement of arguments already presented.**\]

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Counsel's typed name and signature)

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Counsel's address and telephone no.)

## CERTIFICATE OF FILING AND SERVICE

I certify that a copy of the foregoing was \[mailed\] \[delivered\] to
the Court and \[mailed\] \[delivered\] to the \[appellant\] \[appellee\]
\[petitioner\] \[respondent\] on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

(Date)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Typed name and signature)

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Address and telephone no.)

\[Amended October 12, 1994; amended February 27, 1996.\]

#### PRACTICE BEFORE THE COURT

**RULE 33. SUSPENSION OF RULES**

For good cause shown, the Court may suspend any of these rules in a
particular case, on application of a party or on its own motion, and may
order proceedings in accordance with its direction.

## RULE 34. COMPUTATION OF TIME

**(a)** **General**. In computing any period of time prescribed or
allowed by these rules, order of the Court, or any applicable statute,
the day of the act, event, or default after which the designated period
of time begins to run is not to be included. The last day of the period
so computed is to be included, unless it is a Saturday, Sunday, or legal
holiday, in which event the period runs until the end of the next day
which is neither a Saturday, Sunday, nor a holiday. When the period of
time prescribed or allowed is less than 7 days, intervening Saturdays,
Sundays, and legal holidays will be excluded in the computation. When a
period of time is computed under these rules from the date of the
decision of a Court of Criminal Appeals, such time is to be computed
from the date of such decision, unless a petition for reconsideration is
timely filed, in which event the period of time is to be computed from
the date of final action on the petition for reconsideration.

**(b) Additional time when service by mail**. Whenever a party has the
right or is required to do some act within a prescribed period after the
issuance of an order or the filing of a notice, pleading, or other paper
relative to a case when service thereof is made upon him by mail, 5 days
will be added to the prescribed period if the party upon whom the
service is made is within the limits of the contiguous 48 States and the
District of Columbia, and 15 days will be added if the party is located
outside these limits, including the States of Alaska and Hawaii. This
provision for additional time shall not apply, however, to the time
limitations prescribed in Rule 19(a)(1) for the filing of a petition for
grant of review.

\[Amended October 1, 1987; amended October 12, 1994.\]

## RULE 35. FILING OF RECORD

The record shall be filed by the Judge Advocate General as soon as
practicable after the docketing of any action pursuant to Rule 4.
[See]{.underline} Rule 27(a) and (b).

**RULE 35A. use of classified information**

Classified information shall be included in documents filed with the
Court only when necessary to a proper consideration of the issues
involved. The original or one complete copy of a document containing the
classified information shall be filed with the Court. The party filing
such document shall give written notice to the Clerk and to all other
parties prior to the time of such filing that such document contains
classified information. In addition, there shall be filed in accordance
with Rule 37(b)(2) an original and 7 copies of each such document from
which the classified information has been deleted or omitted, in such
manner that the pages which contain the deleted or omitted classified
information are clearly identified.

\[Adopted January 20, 1999, effective February 1, 1999.\]

# RULE 36. FILING OF PLEADINGS

**(a) In general**. Pleadings or other papers relative to a case shall
be filed in the Clerk's office, 450 E Street, Northwest, Washington,
D.C. 20442-0001, either in person or by mail. [See]{.underline} Rule
37(b)(2).

**(b) Filing in person**. If a pleading or other paper is filed in
person, such filing shall consist of delivery to a member of the Clerk's
office during normal business hours. [See]{.underline} Rule 9(e).

**(c) Filing by mail.** If a pleading or other paper is filed by mail,
such filing shall consist of depositing the pleading or other paper with
the United States Postal Service, with no less than first-class postage
prepaid, properly addressed to the Clerk's office.

**(d) Time of filing.** Pleadings or other papers shall be deemed to
have been filed on the date they are delivered to the Clerk's office
under subsection (b) or on the date they are mailed under subsection
(c). [See]{.underline} Rules 37(b)(1) and 39(e).

**(e) Non-compliant pleadings.** If any pleading or other paper is not
filed or offered for filing in compliance with these rules or an order
of the Court, the Court may issue an order to show cause, dismiss the
proceeding, or return the proffered pleading or paper on its own motion
or the motion of a party. [See]{.underline} Rules 27(a)(4) and 37(b)(1).

\[Amended September 20, 1999, effective October 1, 1999.\]

**RULE 36A. CITATIONS TO SUPPLEMENTAL AUTHORITIES**

If pertinent and significant authorities come to a party's attention
after such party has filed a pleading allowed under these Rules, or
after oral argument but before a final decision, the party may promptly
advise the Clerk by letter, with a copy to all parties, setting forth
the citations. The letter must state, without argument, the reasons for
each supplemental citation, referring either to the page of the earlier
filed pleading or to a point argued orally to which the citation is
pertinent. Any response by other parties must be made promptly and must
be similarly limited. [See]{.underline} Rule 37(b)(2).

\[Adopted September 20, 1999, effective October 1, 1999.\]

## RULE 37. PRINTING, COPYING AND STYLE REQUIREMENTS

**(a)** **Printing**. Except for records of trial and as otherwise
provided by Rule 27(a)(4), all pleadings or other papers relative to a
case shall be typewritten and double-spaced, printed on one side only on
white unglazed paper, 8.5 by 11 inches in size, securely fastened in the
top left corner. With the exception of footnotes which may appear in
11-point type, all printed matter must appear in non-proportional
typeface using 12-point type and with no more than 10 characters per
inch. Margins shall not exceed 6.5 by 9.5 inches, with double-spacing
between each line of text. Headings, footnotes, and block quotations may
be single-spaced, but should not be used excessively to avoid page limit
requirements.

**(b) Copying.**

\(1\) Copies of typewritten pleadings and papers may include those
produced by any process capable of producing a clearly legible black
image on white paper, but shall not include ordinary carbon copies. If
papers are filed in any other form, the Clerk shall require the
substitution of new copies, but such substitution will not affect the
filing date of the papers or pleadings involved. [See]{.underline} Rule
36.

\(2\) An original and 7 legible copies of all

pleadings or other papers relative to a case shall be filed.
[See]{.underline} Rule 35A concerning documents which contain classified
information.

**(c)** **Style**.

\(1\) All pleadings presented to the Court shall, unless they are less
than 5 pages in length, be preceded by a subject index of the matter
contained therein, with page references,

and a table of cases (alphabetically arranged with citations),
textbooks, and statutes cited, with references to the pages where cited.

\(2\) Citations shall conform with the [Uniform System of
Citation]{.underline}.

\(3\) All references to the record of trial shall include page numbers
or exhibit designations, as appropriate.

\(4\) No pleading or other paper filed with the Court shall incorporate
by reference any material from any other source.

\[Amended October 30, 1991, effective November 4, 1991; amended January
20, 1999, effective February 1, 1999.\]

## RULE 38. SIGNATURES

**(a)** **General**. Except for documents filed [in]{.underline}
[propria]{.underline} [persona]{.underline} and those provided for in
subsection (b), all original pleadings or other papers filed in a case
will bear the signature of at least one counsel who is a member of this
Court's Bar and who is participating in the case. The name, address,
telephone number, and rank, if any, of the person signing, together with
the capacity in which such counsel signs the paper, will be included.
This signature will constitute a certificate that the statements made in
the pleading or paper are true and correct to the best of the counsel's
knowledge, information, or belief, and that the pleading or paper is
filed in good faith and not for the purpose of unnecessary delay. A
counsel who signs a pleading "for" some other counsel whose name is
typed under such signature must, in addition, affix their own signature
in a separate signature block with their own name, address, telephone
number, and rank, if any, typed thereunder.

**(b)** **Exception**. If the counsel signing a pleading or paper
presented to the Clerk's office for filing is not a member of the Bar of
this Court, the pleading or paper shall nonetheless be received as if
such counsel were a member. However, within 30 days of the filing of a
pleading, such counsel shall, as a prerequisite to continuing in the
case as counsel of record, apply for admission to the Bar of this Court
or move to appear [pro]{.underline} [hac]{.underline} [vice]{.underline}
under Rule 13.

\[Amended October 1, 1987.\]

## RULE 39. SERVICE OF PLEADINGS

**(a) In general.** At or before the filing of any pleading or other
paper relative to a case in the Clerk's office, a copy thereof shall be
served in person or by mail on all counsel of record, including
[amicus]{.underline} [curiae]{.underline} counsel. [See]{.underline}
Rule 16(b). When a party is not represented by counsel, service shall be
made on such party in person or by mail. When reasonable, considering
such factors as the immediacy of the relief sought, distance, and cost,
service must be at least as expeditious as the manner used to file the
pleading or other paper with the Court. [See]{.underline} Rule 36.

**(b) Personal service.** If service is made in person, it shall consist
of delivery at the office of the counsel of record, either to counsel or
to an employee therein. If the party is not represented, service shall
consist of delivery to such party.

**(c) Service by mail**. If service is made by mail, it shall consist of
depositing the pleading or other paper with the United States Postal
Service, with no less than first-class postage prepaid, addressed to the
counsel of record or, if the party is not represented, to such party, at
the proper post office address.

**(d) Certificate for review**. In the case of a certificate for review,
service of a copy thereof shall be made on appellate defense counsel and
appellate government counsel as prescribed in Rule 22(a).

**(e) Form of certificate of filing and service**. A certificate
indicating the specific manner of filing under Rule 36 and the specific
manner of service under this rule shall be included in any pleading or
other paper substantially in the following form:

CERTIFICATE OF FILING AND SERVICE

> I certify that the original and seven copies of
>
> the foregoing were \[delivered\] (*or*) \[mailed-*specify class of
> mail*\] to the Court on \_\_\_\_\_\_\_\_\_\_\_\_ *and* that a
>
> (date)
>
> copy of the foregoing was \[delivered\] (*or*) \[mailed-*specify class
> of mail\] to (enter specific name of each counsel of record or party,
> if not represented*) on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
>
> (date)
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (Typed name *and* signature of
>
> certifying person)
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> (Address and telephone no.
>
> of certifying person)

\[Amended September 20, 1999, effective October 1, 1999.\]

**HEARINGS**

## RULE 40. HEARINGS

**(a) Motions, petitions for grant of review, petitions for
extraordinary relief, writ-appeal petitions, petitions for new trial,
and petitions for reconsideration.** Except when ordered by the Court,
hearings will not be permitted on motions,

petitions for grant of review, petitions for extraordinary relief,
writ-appeal petitions, petitions for new trial, or petitions for
reconsideration.

**(b) When and how heard.** After the case is calendared as provided in
Rule 11 and all required briefs have been filed, a hearing may be
ordered by the Court.

\(1\) [Notice of hearing]{.underline}. The Clerk will give at least 20
days notice in writing to counsel for the parties of the time and place
for the hearing, unless ordered otherwise by the Court. Upon receipt of
such notice, counsel will notify the Clerk's office of the identity of
the counsel who will present oral argument.

\(2\) [Presentation]{.underline}. Unless directed otherwise by the
Clerk, counsel for the appellant or petitioner will open and close the
argument. When the subject of a hearing is a motion, counsel for the
moving party will be entitled to open and close. When both parties seek
review in this Court, the accused shall be deemed the appellant for the
purpose of this rule. Argument by counsel for an [amicus]{.underline}
[curiae]{.underline} will be allowed on motion filed under Rule 30.

\(3\) [Time allowed]{.underline}. Each side will normally be allotted 30
minutes to present oral argument.

RULE 41. PHOTOGRAPHING, TELEVISING, OR BROADCASTING OF HEARINGS

**(a)** The photographing, televising, or broadcasting of any session of
the Court or other activity relating thereto is prohibited within the
confines of the courthouse unless authorized by the Court.

**(b)** Any violation of this rule will be deemed a contempt of this
Court and, after due notice and hearing, may be punished accordingly.
[See]{.underline} 18 USC § 401.

## OPINIONS

## RULE 42. FILING, REPRODUCTION, AND DISTRIBUTION

All opinions of the Court will be filed with the Clerk for preservation.
The reproduction, printing, and distribution of all opinions will be
under the supervision of the Clerk.

# RULE 43. ENTRY OF JUDGMENT

**(a)** Immediately upon the filing of an opinion of the Court, the
Clerk shall prepare, sign, date, and enter the judgment. The notation of
a judgment in the docket constitutes entry of the judgment. On the date
judgment is entered, the Clerk shall distribute to all parties and the
Judge Advocate General of the service in which the case arose a copy of
the opinion and judgment. [See]{.underline} Rule 10(d).

**(b)** If a judgment is rendered without an opinion, the Clerk shall
prepare, sign, date, and enter such judgment in an order following
instruction from the Court. Notation of such order in the docket
constitutes entry of the judgment and the effective date of the judgment
is the date of that order. On the date such order is entered, the Clerk
shall distribute to all parties and the Judge Advocate General of the
service in which the case arose a copy of the order. [See]{.underline}
Rule 10(d).

\[Amended March 26, 1998, effective May 1, 1998.\]

## RULE 43A. ISSUANCE OF MANDATE

**(a)** The mandate of the Court shall issue 7 days after the expiration
of the time for filing a petition for reconsideration under Rule 31(a),
unless such a petition is filed or the time is shortened or enlarged by
order. A certified dated copy of the judgment and a copy of the opinion
of the Court, if any, shall constitute the mandate, unless the Court
directs that a formal mandate issue. The timely filing of a petition for
reconsideration shall stay the mandate until disposition of the
petition, unless otherwise ordered by the Court. If the petition is
denied, the mandate shall issue 7 days after entry of the order denying
the petition, unless the time is shortened or enlarged by order. In any
case, the Court may order the mandate to issue forthwith.

**(b)** The effective date of any order shall be the date of that order,
and no mandate shall issue. The Clerk shall distribute copies of all
such orders to all parties and the Judge Advocate General of the service
in which the case arose.

\[Adopted March 26, 1998, effective May 1, 1998.\]

#### JUDICIAL CONFERENCE

## RULE 44. JUDICIAL CONFERENCE

There shall be held annually, at such time and place as shall be
designated by the Court, a conference for the purpose of considering the
state of business of the Court and advising on ways and means of
improving the administration of military justice.

\[Amended March 26, 1998, effective May 1, 1998.\]

#### REVISION OF RULES

**RULE 45. RULES ADVISORY COMMITTEE**

**(a) Establishment of committee; membership.** A Rules Advisory
Committee is hereby created for this Court. The Committee shall consist
of not less than 9 members of the Bar of this Court and shall be
selected by the Court, in such a way as to represent a broad
cross-section of the legal profession. Representatives from government,
the law schools, and public interest groups shall, when practicable, be
included on the Committee, as shall private practitioners. The Clerk of
the Court shall be a member of the Committee and shall serve as its
Reporter.

**(b) Duties of committee.** The Rules Advisory Committee appointed by
this Court shall have an advisory role concerning practice and procedure
before the Court. The Committee shall, among other things, (1) provide a
forum for continuous study of the operating procedures and published
rules of the Court; (2) serve as a conduit between the Bar, the public,
and the Court regarding the Rules of the Court, procedural matters, and
suggestions for changes; (3) draft, consider, and recommend rules and
amendments to the Court for adoption; and (4) render reports from time
to time, on its own initiative and on request, to the Court on the
activities and recommendations of the Committee. The Committee shall
prepare appropriate explanatory materials with respect to any rule
change or other recommendation it submits to the Court.

**(c) Terms of members; chairman.** With the exception of the Clerk of
the Court, the members of the Committee shall serve 3-year terms, which
will be staggered in such a way as to enable the Court to appoint or
reappoint one-third of the Committee each year. The Court shall appoint
one of the members of the Committee to serve as chairman.