UNITED STATES COAST GUARD

RULES OF 

APPELLATE 

PROCEDURE

Rev. 04/23

Published together with the Joint Rules of Appellate Procedure, 

effective 1 January 2019 (indicated in bold)
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Contents

I. General.................................................................................................................................. 1

Rule 1. Courts of Criminal Appeals...................................................................................... 1

Rule 1.1. Judges of the Court................................................................................................ 1

Rule 2. Scope of Rules; Title ................................................................................................. 2

Rule 3. Service Court Rules .................................................................................................. 2

Rule 4. Effective Date ........................................................................................................... 2

Rule 5. Jurisdiction............................................................................................................... 2

Rule 6. Composition of the Record on Appeal ...................................................................... 4

Rule 6.1. Transmittal of Record Under Articles 66 and 69.................................................. 5

Rule 6.2. Original Documents............................................................................................... 6

Rule 6.3 Transcripts.............................................................................................................. 6

Rule 7. Quorum..................................................................................................................... 7

Rule 8. Amendments............................................................................................................. 7

II. Attorneys.............................................................................................................................. 8

Rule 9. Qualification of Counsel ........................................................................................... 8

Rule 10. Conduct of Counsel................................................................................................. 8

Rule 10.1. Misconduct........................................................................................................... 8

Rule 10.2. Reporting Requirements ..................................................................................... 8

Rule 11. Assignment of Counsel........................................................................................... 9

Rule 11.1. Offices of Military Counsel.................................................................................. 9

Rule 12. Notice of Appearance and Withdrawal of Counsel ................................................ 9

III. Practice Before the Court..................................................................................................10

Rule 13. Filing and Service..................................................................................................10

Rule 13.1. Filing...................................................................................................................10

Rule 14. Signing of Papers...................................................................................................11

Rule 14.1. Signatures...........................................................................................................11

Rule 15. Computation of Time.............................................................................................11

Rule 16. Waiver or Withdrawal of Appellate Review..........................................................11

Rule 16.1. Procedure for Withdrawal ..................................................................................11

Rule 17. Briefs......................................................................................................................12

Rule 17.1. Format ................................................................................................................12
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Rule 17.2. Content ...............................................................................................................12

Rule 17.3. Length.................................................................................................................13

Rule 18. Appeals by the Accused .........................................................................................13

Rule 18.1. Merits Briefs .......................................................................................................14

Rule 18.2. Grostefon Issues .................................................................................................14

Rule 18.3. Docketing of Automatic Reviews........................................................................14

Rule 19. Extraordinary Relief..............................................................................................14

Rule 19.1. Filing...................................................................................................................16

Rule 19.2. Priority................................................................................................................16

Rule 19.3. Action on the Petition.........................................................................................16

Rule 19.4. Procedures for Petitions Containing Sealed Matters ........................................16

Rule 20. Appeals by the United States................................................................................18

Rule 21. Petitions for New Trial..........................................................................................19

Rule 21.1. Petition for New Trial for Case Not Before the Court.......................................19

Rule 22. Amicus Curiae Briefs ............................................................................................20

Rule 22.1. Format ................................................................................................................20

Rule 22.2. Victims as Amicus Curiae. .................................................................................20

Rule 22.3. Answers...............................................................................................................20

Rule 23. Motions ..................................................................................................................20

Rule 23.1. Filing of Motions.................................................................................................21

Rule 23.2. Motions for Enlargement of Time ......................................................................21

Rule 23.3. Motion to Examine Sealed Materials.................................................................21

Rule 23.4. Motion to Cite Supplemental Authority ............................................................22

Rule 23.5. Motion to Correct Errata....................................................................................22

Rule 23.6. Motion for Remand to Correct Post-Trial Processing Error ..............................22

Rule 23.7. Motion to Correct Error in Record of Trial ........................................................22

IV. Proceedings of the Court ...................................................................................................22

Rule 24. Extensions of Time and Interlocutory Matters.....................................................22

Rule 25. Oral Arguments.....................................................................................................22

Rule 25.1 Conduct of Oral Argument..................................................................................23

Rule 26. Recording, Photographing, Broadcasting, or Telecasting of Hearings.................23

Rule 26.1. Recording of Oral Argument ..............................................................................23
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Rule 27. En Banc Proceedings .............................................................................................23

Rule 28. Contempt ...............................................................................................................24

Rule 29. Article 66(f) Proceedings .......................................................................................26

Rule 30. Orders and Decisions of the Court........................................................................28

Rule 31. Reconsideration .....................................................................................................28

Rule 31.1. Effect of Order Granting Reconsideration .........................................................29

Rule 31.2. Composition of Panel upon Reconsideration......................................................29

Rule 32. Suspension of Rules...............................................................................................29
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I. GENERAL

Rule 1. COURTS OF CRIMINAL APPEALS

(a) The titles of the Courts of Criminal Appeals of the respective services are:

(1) “United States Army Court of Criminal Appeals.”

(2) “United States Navy-Marine Corps Court of Criminal Appeals.”

(3) “United States Air Force Court of Criminal Appeals.”

(4) “United States Coast Guard Court of Criminal Appeals.”

(b) Each Court is authorized a seal in the discretion of the Judge Advocate General 

concerned. The design of such seal shall include the title of the Court.

(c) Consistent with Article 66(a), Uniform Code of Military Justice (UCMJ), and 

Rule for Courts-Martial (R.C.M.) 1203(a), the Judge Advocate General of each 

service shall certify individuals as qualified for duty as appellate military judges 

and assign them to the Court for a minimum of three years, except under any of 

the following circumstances:

(1) The appellate military judge voluntarily requests to be reassigned to other 

duties, and the Judge Advocate General approves such reassignment;

(2) The appellate military judge is selected for promotion to the next higher 

grade and is reassigned to duties commensurate with that grade by the Judge 

Advocate General or the Commandant of the Marine Corps;

(3) The appellate military judge retires or otherwise separates from military or 

federal civil service;

(4) The Judge Advocate General grants a written exception to this policy and 

the appellate military judge is reassigned to other duties based on compelling

needs of the service; or

(5) The Judge Advocate General revokes the appellate military judge’s 

certification for good cause. 

Rule 1.1. Judges of the Court

(a) Chief Judge. The Judge Advocate General of the Coast Guard (TJAG) designates the Chief 

Judge of the Court and may designate an alternate to act as Chief Judge in the event of the 

Chief Judge’s absence or recusal.

(b) Seniority. The Chief Judge has the highest seniority on the Court. For all other appellate 

judges, seniority shall be based on tenure of uninterrupted service on the Court. In the event 
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of the Chief Judge’s absence or recusal, unless TJAG has designated otherwise, the next 

senior judge on the Court may perform all duties of the Chief Judge.

(c) Oath or Affirmation. Prior to performing duties as an appellate judge, each judge shall 

take the following oath or affirmation:

“I, , do solemnly (swear)(affirm) that I will administer justice without regard 

to rank or status, and that I will faithfully and impartially discharge and 

perform all the duties incumbent upon me as an appellate military judge, 

United States Coast Guard Court of Criminal Appeals, under the Constitution 

and laws of the United States (so help me God).”

Rule 2. SCOPE OF RULES; TITLE

(a) These rules prescribe uniform procedures for the service Courts of Criminal 

Appeals pursuant to Article 66(h), UCMJ. Practice before each Court must also 

comport with rules issued under Rule 3.

(b) These rules are to be known as the Joint Rules of Appellate Procedure for 

Courts of Criminal Appeals or “JRAP.”

Rule 3. SERVICE COURT RULES

The Chief Judge of each Court may prescribe rules governing that Court’s practice. 

These will be referred to hereinafter as “Service Court rules.” Unless these rules

provide otherwise, Service Court rules may not be inconsistent with these rules. 

Rule 4. EFFECTIVE DATE

These rules shall apply to any case docketed with the Court on or after 1 January 

2019 and shall not be construed to diminish the substantive rights of any party to 

a court-martial referred to trial prior to that date. 

Rule 5. JURISDICTION

(a) Effect of Rules on Jurisdiction. While this Rule provides a synopsis, nothing in 

these rules shall be construed to extend or limit the jurisdiction of the Courts of 

Criminal Appeals.

(b) The jurisdiction of the Court is as follows:

(1) Automatic Review. Pursuant to Article 66, UCMJ, courts-martial in which the 

sentence as entered in the judgment under Article 60c, UCMJ, includes:

(A) death;
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(B) dismissal of a commissioned officer, cadet, or midshipman, dishonorable 

or bad-conduct discharge; or 

(C) confinement for two years or more.

(2) Appeal by the Accused. Pursuant to Article 66, UCMJ, in cases not subject to 

automatic review under paragraph (1), upon timely appeal by the accused, courtsmartial in which:

(A) the sentence as entered in the judgment under Article 60c, UCMJ, 

includes confinement for more than six months;

(B) the United States previously filed an appeal under Article 62, UCMJ; or

(C) the Judge Advocate General has sent the case to the Court for review of 

the sentence under Article 56(d), UCMJ.

(3) Application by the Accused. Pursuant to Article 66, UCMJ, cases in which the 

Judge Advocate General has taken action and the Court has granted an accused’s 

timely application for review under Article 69(d)(1)(B), UCMJ.

(4) Review by Order of the Judge Advocate General. Courts-martial in which:

(A) there has been a finding of guilty and a sentence that is not reviewed 

under Article 66, UCMJ; 

(B) the Judge Advocate General has taken action under Article 69, UCMJ; 

and

(C) the Judge Advocate General orders the case sent to the Court for review 

pursuant to Article 69(d), UCMJ. 

(5) Appeal by the United States under Article 62, UCMJ. In all general or special 

courts-martial or pretrial proceedings under Article 30a, UCMJ, cases in which the 

United States, after providing timely written notice, appeals in accordance with 

R.C.M. 908:

(A) an order or ruling of the military judge that terminates the proceedings 

with respect to a charge or specification; 

(B) an order or ruling that excludes evidence that is substantial proof of a 

fact material in the proceeding;

(C) an order or ruling that directs the disclosure of classified information; 

(D) an order or ruling that imposes sanctions for nondisclosure of classified 

information;

(E) a refusal of the military judge to issue or enforce a protective order 

sought by the United States to prevent disclosure of classified information; 
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(F) an order or ruling of the military judge entering a finding of not guilty 

with respect to a charge or specification following the return of a finding of 

guilty by the members; or

(G) a ruling or order of a military magistrate in the same manner as had the 

ruling or order been made by a military judge, except that the issue shall 

first be presented to the military judge who designated the military 

magistrate or to a military judge detailed to hear the issue.

(6) Petition for a New Trial. Petitions for a new trial in cases of trial by courtmartial that are referred to the Court by the Judge Advocate General under Article 

73, UCMJ.

(7) Sentence Appeal by the United States. Sentences of a court-martial in which 

the Judge Advocate General has approved timely appeal by the United States 

under Article 56(d), UCMJ.

(8) Review of Punishment for Contempt. Punishments for contempt imposed by 

a military judge or military magistrate under Article 48, UCMJ. 

(9) Extraordinary Writs. The Court may, in its discretion, entertain petitions for 

extraordinary relief including, but not limited to, writs of mandamus, prohibition, 

habeas corpus, and error coram nobis. The Court shall, to the extent practicable, 

give priority to the consideration of writs of mandamus filed by crime victims 

under Article 6b, UCMJ.

(c) Waiver and Withdrawal. In all courts-martial other than those that include a 

sentence of death, the Court shall not have jurisdiction to hear an appeal in which 

appellate review was properly waived or withdrawn. The Court shall have 

jurisdiction to determine the threshold issue of whether the appeal was properly 

waived or withdrawn pursuant to Rule 16. 

Rule 6. COMPOSITION OF THE RECORD ON APPEAL

(a) Except as provided by subsection (b) below, in any case referred to the Court 

for review, the record shall be as follows:

(1) In any case which is reviewed under Rule 5(b)(1) or (2), the record shall be 

the contents described in R.C.M. 1112(b) and as certified under R.C.M. 1112(c).

(2) In any case reviewed under Rule 5(b)(3) or (4), the record shall be the 

contents described in R.C.M. 1112(b) and as certified under R.C.M. 1112(c) as well 

as any action of the Judge Advocate General in the case.

(3) In any case in which the United States filed an appeal under Rule 5(b)(5),

the record shall be that described in R.C.M. 908(b)(5). 
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(4) In any case in which the accused files a petition for a new trial under Rule 

5(b)(6), the record shall be those portions of the record as described in R.C.M. 

1112(b) that the parties submit as necessary for the Court’s review as well as any 

new matter submitted under subsection (c) of this rule. 

(5) In any case in which the United States filed an appeal under Rule 5(b)(7), 

the record shall be that described in R.C.M. 1117. 

(6) In any case in which a punishment for contempt is reviewed under Rule 

5(b)(8), the record shall be the contents described in R.C.M. 1112(b) of both the 

court-martial and the contempt proceeding that the parties determine are 

necessary for the Court’s review.

(7) In the case of a petition for extraordinary relief, the record shall be as 

described in Rule 19(b)(3). 

(8) In any case in which the record of trial was created and authenticated under 

R.C.M. 1104(a) of the 2016 edition of the Manual for Courts-Martial, the record of 

trial shall be the contents described in R.C.M. 1103(b)(2). 

(b) In any case reviewed by the Court, the Court may consider matters not 

contained in the record of trial, as defined in Rule 6(a), if authorized by law to 

consider such matter, and:

(1) By agreement or stipulation of the parties;

(2) Upon taking judicial notice; 

(3) When, upon motion filed in compliance with Rule 23, the Court determines 

the matters are relevant and necessary to determine an issue before it; or

(4) When, upon its own motion, the Court determines that it is necessary to 

consider matter contained outside the record. Prior to considering matter under 

this paragraph the Court shall provide the parties notice and an opportunity to 

object. 

(c) Correction of the Record. Any party may move the Court to correct any 

substantial error in the record of trial, to include correcting a transcription of a 

court-martial proceeding that is attached to the record of trial. When necessary, 

the Court may order an Article 66(f) proceeding to resolve questions regarding the 

correctness of the record of trial.

Rule 6.1. Transmittal of Record Under Articles 66 and 69

When a record is referred to the Court, the Records Custodian is responsible for transmitting 

the complete, original record of trial to the Court in accordance with Article 54, UCMJ, and 

R.C.M. 1112–1114, and for notifying the Office of Legal Assistance and Defense (CG-LAD)

when the case is transmitted to the Court. The Records Custodian shall not transmit any 

case in which the original record of trial is not a complete record of the proceedings unless 
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the Records Custodian first attaches a memorandum to the original record of trial identifying 

the missing document(s) or other deficiency and setting forth the actions taken to produce 

the missing document or resolve any other deficiency.

Rule 6.2. Original Documents

(a) To be complete, each record of trial must have originals, to include original signatures, of 

the following documents:

(1) Charge sheet;

(2) Convening authority’s action;

(3) Entry of judgment; 

(4) Certification of the record of trial.

(b) An original signature must be either hand-signed or a CAC-enabled digital signature. 

(c) For any statement made under oath or affirmation or penalty of perjury, or when 

otherwise required by rule, the original signed document must be filed as soon as possible

after any electronic filing. This includes affidavits offered by motion to attach, petitions for 

new trial (see R.C.M. 1210(c)), and any document submitted to fulfill the requirement for an 

original of that document in the original record of trial. 

(d) Notwithstanding this Rule, the Court may, for good cause shown, accept a duplicate of the 

above matters unless a genuine question is raised about the original’s authenticity or the 

circumstances make it unfair to accept the duplicate. 

Rule 6.3 Transcripts

The government shall produce and, at the time it transmits the remainder of the record to 

the Court, attach a verbatim transcript of the following:

(a) For an appeal of a special or general court-martial that includes a finding of guilty, the 

proceedings of the court-martial.

(b) For a government appeal under Article 62, UCMJ, the portions of the proceedings 

necessary to resolve the government appeal.

(c) For a government sentence appeal under R.C.M. 1117, at a minimum, the findings and 

sentencing portions of the court-martial.

(d) For a petition for extraordinary relief, the Court may direct transcription of portions of 

the court-martial necessary to resolve the petitioner’s claim. Normally, the Court will allow

the government thirty days to produce the verbatim transcript. 
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Rule 7. QUORUM

(a) When sitting in panel, a majority of the judges assigned to that panel shall 

constitute a quorum. When sitting en banc, a majority of the judges in regular 

active service with the Court shall constitute a quorum.

(b) The concurrence of a 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 panel or Court en banc, subject to subsections (c), (d), and 

(e). 

(c) Unless defined differently pursuant to Rule 7(d), a judge assigned to the Court 

shall be deemed to be in regular active service for the purposes of these rules if: (1)

in the active component of the armed forces; (2) in the reserve component of the 

armed forces and serving on active duty with the Court for a period of more than 

30 consecutive days; or (3) a civilian judge who is a full-time employee of the agency 

from which appointed. Also, when a reserve component military judge who does 

not meet the above criteria is duly assigned to a matter, that judge shall be deemed 

to be in regular active service with respect to that matter.

(d) Each service may establish its own definition of “regular active service” in its 

Service Court rules even if inconsistent with Rule 7(c).

(e) Notwithstanding Rule 7(b), a judge on the panel or Court considering a matter 

may, acting alone, issue all necessary orders, to include temporary orders or stays,

provided the orders do not finally dispose of a petition, appeal, or case. A Court

may delegate to its Clerk of the Court or other designated staff the authority to act 

on motions regarding procedural matters. 

Rule 8. AMENDMENTS

Proposed amendments to these rules may be submitted to the Chief Judge of any 

Court named in Rule 1 or to any Judge Advocate General. Before acting on any 

proposed amendment not received from the Chief Judges, the Judge Advocates 

General shall refer the proposal to the Chief Judges for comment. The Chief Judges

shall confer on any proposed amendments and shall report to the Judge Advocates 

General as to the suitability of the proposals and their impact on the operation of 

the courts and military justice.
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II. ATTORNEYS

Rule 9. QUALIFICATION OF COUNSEL

(a) All Counsel. Counsel in any case before the Court shall be a member in good 

standing of the bar of a federal court or the highest court of a state, territory, 

commonwealth, or possession of the United States.

(b) Military Counsel. Assigned military appellate counsel shall, in addition, be 

certified and detailed in accordance with Article 27(b) and, as applicable, Article 

70(a), UCMJ.

(c) Admission. Each Court may admit counsel to appear before it. Otherwise, upon 

entering an appearance, counsel shall be deemed admitted pro hac vice, subject to 

filing a certificate setting forth required qualifications if directed by the Court. 

(d) Suspension. No counsel may appear in any proceeding before the Court while 

suspended from practice by the Judge Advocate General supervising the Court.

Rule 10. CONDUCT OF COUNSEL

The conduct of counsel appearing before the Court shall be in accordance with 

rules of conduct prescribed pursuant to R.C.M. 109 by the Judge Advocate General 

of the service concerned. The Court, however, retains its authority to regulate 

counsel appearing before it, including the power to remove counsel from a 

particular case for misconduct in relation to that case or to punish counsel for 

contempt in accordance with Article 48, UCMJ, and Rule 28. Conduct deemed by 

the Court to warrant consideration of suspension from practice or other 

professional discipline shall be reported by the Court to the Judge Advocate 

General concerned.

Rule 10.1. Misconduct

If it appears an attorney appearing before this Court has persistently or deliberately failed 

to comply with these rules or other rules or orders of the Court or has engaged in misconduct 

as defined by COMDTINST M5800.1 (Coast Guard Legal Professional Responsibility 

Program), the Court may either report the matter directly to TJAG or may order the attorney 

to show cause why the matter should not be reported to TJAG.

Rule 10.2. Reporting Requirements

Any counsel appearing before this Court who is subjected to discipline that results in 

disbarment, suspension, or other loss of good standing in the Bar of any court of the United 

States or the District of Columbia, or by a court of any state, territory, commonwealth, or 

possession of the United States, shall notify the Clerk of the Court within 7 days of such 
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action. Likewise, any counsel who is suspended from practice in courts-martial or another 

service court of criminal appeals, or whose certification pursuant to Article 26(b) or 27(b), 

UCMJ, is withdrawn for cause, shall notify the Clerk of the Court within 7 days of such 

action.

Rule 11. ASSIGNMENT OF COUNSEL

(a) Upon receipt of a notice that an appeal pursuant to Article 48, 56(d), 62, 66, 69(d), 

or 73, UCMJ, has been docketed with the Court, the appropriate Judge Advocate 

General or his designee shall, unless already done, designate appellate military 

counsel to represent the parties and, as appropriate, victims as defined by Article 

6b, UCMJ. In a case involving a petition for extraordinary relief when the United 

States is represented by counsel or when an accused has been denominated as the 

real party in interest by a filing party or by the Court, the Judge Advocate General 

or designee shall also designate appellate military counsel to represent such 

accused. Nothing in this Rule creates a right to counsel beyond that required by 

regulation or law.

(b) When civilian counsel represents an accused before the Court, the Court will 

notify counsel when the record of trial is received. If both civilian and assigned 

appellate defense counsel represent the accused, the Court will regard civilian 

counsel as primary counsel unless notified otherwise. Ordinarily, civilian counsel 

will use the accused’s copy of the record. Unless otherwise prohibited by the Court, 

civilian counsel may reproduce, at no expense to the government, appellate 

defense counsel’s copy of the record.

Rule 11.1. Offices of Military Counsel

For the purposes of these Rules, “TJAG’s designee” is the Office of Military Justice (CG-LMJ). 

Appellate government counsel ordinarily are assigned from CG-LMJ. Appellate defense 

counsel ordinarily are assigned from CG-LAD. Counsel for victims ordinarily are assigned 

from the Office of Member Advocacy (CG-LMA).

Rule 12. NOTICE OF APPEARANCE AND WITHDRAWAL OF COUNSEL

(a) Military and civilian appellate counsel shall file a written notice of appearance 

with the Court. The filing of any pleading relative to a case which contains the 

signature of counsel pursuant to Rule 14 constitutes notice of appearance of such 

counsel.

(b) Leave to withdraw by any counsel who has entered an appearance under 

subsection (a) must be requested by motion in accordance with Rule 23. A motion 

by an appellate defense counsel must indicate whether the accused consents or 

objects to the withdrawal, the reasons for the withdrawal, and the provisions that
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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.

III. PRACTICE BEFORE THE COURT

Rule 13. FILING AND SERVICE

(a) A notice of appearance, pleading, or other paper required or permitted to be 

filed with the Court must be filed with the Clerk of that Court in such place and 

manner as may be required by Service Court rules.

(b) At or before the filing of any pleading or other paper relative to a case, a copy 

thereof shall be served on all counsel of record, including amicus curiae counsel.

(c) Service by electronic means is complete upon transmission. If transmitted by 

mail or by other non-electronic means, service is complete upon receipt.

Rule 13.1. Filing

(a) Pleadings and documents may, except as noted below, be filed electronically via email to 

the Clerk of the Court and the judges of the Court. Pleadings and documents will be deemed 

filed as of the date of the email. Counsel may use the following email distribution lists: HQSDG-CG-094C-CLERK@uscg.mil (Clerk of the Court) and HQS-DG-CG-094C@uscg.mil

(judges of the Court) (except as prescribed by Rule 13.1(d)). Electronic filing is encouraged

subject to the limitations of this rule. 

(b) Paper filings may be sent to:

Clerk of the Court

U.S. Coast Guard Court of Criminal Appeals

1254 Charles Morris Street, SE, Suite 320

Washington Navy Yard

Washington, DC 20374-5124

(c) Classified materials shall not be filed electronically and may only be filed in person after 

coordination with the Clerk of the Court. 

(d) When a filing includes materials required to be filed under seal (see Rule 17.2(b)), any 

email effecting the filing or service on other parties shall be encrypted and passwordprotected. The materials required to be filed under seal may be filed in a separate email from 

the remainder of the filing. Materials required to be filed under seal shall not be emailed to 

nonessential persons such as other appellate counsel not involved in the case or appellate 

judges not involved in the case.

(e) Any pleading filed by email must be in PDF format (preferably converted, not scanned, to 

minimize file size).
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Rule 14. SIGNING OF PAPERS

All formal papers shall be signed, either by hand or electronically, and shall 

include, at a minimum, the signer’s name, military grade (if applicable), email 

address, and the capacity in which the paper is signed. Such signature constitutes 

a certification that the statements made therein are true and correct to the best of 

the knowledge, information, and belief of the person or persons signing the paper 

and that the paper is filed in good faith and not for purposes of unnecessary delay.

Rule 14.1. Signatures

(a) Counsel may sign an electronically-filed pleading by a scanned or CAC-enabled electronic 

signature. 

(b) One counsel may sign a filing “for” another person whose name appears on the filing, 

provided that attorney is authorized to do so. The Court will regard such a filing as personally 

signed by the person granting such authority.

Rule 15. COMPUTATION OF TIME

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, or a day on which the Court is closed when the act to be done is the filing 

of a paper with the Court, in which event the period runs until the end of the next 

day that is not a Saturday, Sunday, holiday, or day on which the Court is closed.

Unless specified otherwise, “days” indicates calendar days.

Rule 16. WAIVER OR WITHDRAWAL OF APPELLATE REVIEW

Once a case has been received by the Court for appellate review, a waiver or 

withdrawal of appellate review filed in accordance with R.C.M. 1115 will be 

referred to the Court for consideration. At its discretion, the Court may require 

the filing of a motion for waiver or withdrawal, issue a show-cause order, or grant

or deny the waiver or withdrawal without any further action. Once a waiver or 

withdrawal is granted, the Court will return the record of trial to the Judge 

Advocate General.

Rule 16.1. Procedure for Withdrawal

Consistent with R.C.M. 1115(e), a withdrawal of appellate review shall be filed directly with 

TJAG’s designee, with a courtesy copy to the Court. If the withdrawal is in substantial 

compliance with R.C.M. 1115, TJAG’s designee shall refer it to the Court. If the Court finds 
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it to be in substantial compliance with R.C.M. 1115, the Court will remove the case from the 

docket and return the record of trial to the Records Custodian. 

Rule 17. BRIEFS

Except as otherwise expressly provided in these rules, form, content, and space 

limitations for pleadings and briefs shall be pursuant to Service Court rules. Chief 

Judges shall confer with one another and endeavor to make such rules as 

consistent among the services as practicable.

Rule 17.1. Format

All pleadings shall appear in proportional type such as Times New Roman, at least 12-point, 

typed and with at least 15-point spacing so as to produce a clear black image on a single side 

of white 8.5-inch by 11-inch paper. Margins must be at least one inch on all four sides.

Rule 17.2. Content

(a) Minimum Requirements for Briefs. Assignment of Error Briefs, Appeals by the United 

States, and Answer Briefs shall, at a minimum, contain the following:

(1) Statement of the Case, including a statement of jurisdiction.

(2) Assignments of Error or Issues Presented.

(3) Statement of Facts.

(4) Argument. The following shall be addressed for each assignment of error or issue: 

the applicable standard of review, contentions, reasons, supporting authority, and relief 

sought.

(5) Certificate of Service.

(b) Protection of Information. Bearing in mind that pleadings are, generally, publicly

releasable without further screening or redaction, counsel shall not include personal or 

sensitive information in their pleadings unless filed separately under seal pursuant to Rule 

13.1(d). This includes, but is not limited to, the following: 

(1) Names of complainants, victims, or witnesses. If an identifier is used, use only the 

rank (if applicable) and initials or other method to mask the names of complainants, victims, 

or witnesses; 

(2) Social security numbers. If an individual’s social security number is necessary, use 

only the last four digits; 

(3) Financial account information. If financial account numbers are necessary, use 

only the last four digits; 

(4) Home addresses. If a home address is necessary, use only the city and state; 
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(5) Telephone numbers. If a telephone number is necessary, use only the last four 

digits; 

(6) Personal email addresses. If a personal email address is necessary, use only the 

first two characters and domain separated by asterisks (e.g. a2***@gmail.com); 

(7) Dates of birth. If an individual’s date of birth is necessary, use only the year; and

(8) Sealed matters. 

Rule 17.3. Length

Any pleading exceeding 30 pages shall contain a table of contents and authorities, and 

summaries of arguments.

Rule 18. APPEALS BY THE ACCUSED

(a) Assignments of Error. Appellate counsel for the accused may file assignments of 

error, setting forth separately each error asserted.

(b) Grostefon Issues. Issues raised pursuant to United States v. Grostefon, 12 M.J. 

431 (C.M.A. 1982), shall comply with Service Court rules and counsel shall 

articulate Grostefon issues with particularity.

(c) Pro Se Submissions. A litigant who is representing him or herself is known as a 

“pro se” litigant. 

(1) In General. All litigants are expected to follow the rules that govern the 

practice of law and be familiar with these rules and any Service Court Rules 

established under Rule 3.

(2) An accused who is represented by counsel who has made an appearance in 

a matter before the Court may not file pro se submissions. 

(d) Time for Filing and Number of Briefs. Any brief for an accused shall be filed 

within 60 days after appellate counsel has been notified that the Judge Advocate 

General has referred the record to the Court. If the Judge Advocate General has 

directed appellate government counsel to represent the United States, such 

counsel shall file an answer on behalf of the United States within 30 days after any 

brief and assignments of error have been filed on behalf of the accused. Appellate 

counsel for an accused may file a reply brief no later than 7 days after the filing of 

a response brief on behalf of the United States. If no brief is filed on behalf of an 

accused, a brief on behalf of the United States may be filed within 30 days after 

expiration of the time allowed for the filing of a brief on behalf of the accused.

(e) Appendix. The brief of either party may include an appendix. If an unpublished 

opinion is cited in the brief, a copy may be attached in an appendix. The appendix 
14

may also include extracts of statutes, rules, or regulations. A motion must be filed 

under Rule 23 to attach any other matter.

Rule 18.1. Merits Briefs

A brief submitting a case for review on its merits without assignment of error need only 

contain a statement of the case. Government counsel need not respond to a case submitted 

on its merits. 

Rule 18.2. Grostefon Issues

Any Grostefon issues an appellant wishes to raise shall be in substantially the following form:

Pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), Appellant, 

through appellate defense counsel, personally requests that this Court consider the 

following matters:

[List issues and any argument for each issue.]

Rule 18.3. Docketing of Automatic Reviews

A case subject to automatic review under Article 66(b)(3), UCMJ, shall be deemed to be 

docketed with the Court on the date appellate defense counsel is notified that TJAG has 

transmitted the record to the Court. If, upon reviewing the record, the Court determines that

substantial errors or omissions in the record make it necessary, the Court may direct that 

the case be removed from the docket. In such a case, the time for filing a brief will not be 

triggered until notification that TJAG has transmitted a corrected record to the Court.

Rule 19. EXTRAORDINARY RELIEF

(a) Applicability. This rule applies to petitions for extraordinary relief filed 

pursuant to 28 U.S.C. § 1651 and pursuant to Article 6b, UCMJ. 

(b) Petition for Extraordinary Relief

(1) A petition for extraordinary relief 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. This does not, however, apply to petitions for writs of habeas corpus or error 

coram nobis, which may be filed at any time. 

(2) A petition for extraordinary relief shall contain, at a minimum, the 

following:

(A) A history of the case including whether prior actions have been filed or 

are pending for the same relief in the Court or any other court and the 

disposition or status of such actions;

(B) A concise and objective statement of all facts relevant to the issue 

presented and of any pertinent opinion, order, or ruling;
15

(C) A copy of any order or opinion or any parts of the record that may be 

essential to understand the matters set forth in the petition;

(D) A statement of the issue(s);

(E) The specific relief sought;

(F) In the case of a petition filed in the course of an ongoing proceeding, a

statement of whether a stay of proceedings is requested. A proceeding is 

considered ongoing until it is docketed for appellate review pursuant to 

Article 66, UCMJ;

(G) Reasons for granting the relief requested;

(H) The jurisdictional basis for relief sought and the reasons why the relief 

sought cannot be obtained during the ordinary course of appellate review; 

and

(I) If necessary and authorized under Article 70, UCMJ, a request for 

appointment of appellate counsel.

(3) The petition for extraordinary relief shall be captioned “In Re [name of 

Petitioner].”

(c) Filing and Service. A petitioner for extraordinary relief shall serve a copy of the 

petition on all respondents, to include any military judge whose decision, 

judgment, or order is the subject of the petition.

(d) Notice to the Judge Advocate General. Immediately upon the Court’s receipt of 

any petition, the Clerk of the Court shall forward a copy of the petition for 

extraordinary relief to the appropriate Judge Advocate General or designee.

(e) Initial Action by the Court. The Court may dismiss or deny the petition without 

answer, order the respondent to show cause and file an answer, or take whatever 

other action it deems appropriate. 

(f) Answer

(1) The respondent may not file a response to a writ petition unless the Court 

issues an order directing the respondent to show cause or granting leave to file a 

response. In such cases, unless otherwise specified, the respondent may file an 

answer within 20 days of receipt of the order and the petitioner may file a reply to 

the answer within 7 days of receipt of the answer.

(2) When the Court directs that an answer be filed, two or more respondents 

may answer jointly. 

(3) The Court may invite or order any military judge whose decision, judgment, 

or order is the subject of the petition to respond or may invite any amicus curiae

to do so. A military judge may request permission to respond but may not respond 

unless invited or ordered to do so by the Court.
16

(g) Oral Argument and Final Action. The Court may set the matter for oral 

argument. However, on the basis of the pleadings alone, the Court may grant or 

deny the relief sought or make such other order in the case as the circumstances 

require.

Rule 19.1. Filing

(a) Petitions may only be filed by or on behalf of a single petitioner and must include a 

certificate of service on appellate counsel and each named respondent and real party in 

interest not represented by counsel.

(b) Unless filed by appellate government counsel acting pursuant to Article 70(b), UCMJ, a 

petition and brief filed on behalf of the United States or any officer or agent thereof shall be 

coordinated with appellate government counsel.

(c) When practicable, electronic transmission of petitions for extraordinary relief and 

supporting materials is strongly preferred. 

Rule 19.2. Priority

All writ petitions filed in the course of an ongoing proceeding, including those filed pursuant 

to Article 6b, UCMJ, will be given priority consideration by counsel as well as the Court.

Rule 19.3. Action on the Petition

(a) If the Court orders a stay in the trial or other ongoing or prospective proceedings, the 

Clerk of the Court will cause copies of the “stay” order to be expeditiously delivered to CGLMJ for immediate transmittal to the convening authority, military judge, and all counsel or 

unrepresented parties involved.

(b) In the event the Court orders the respondent(s) to show cause and file an answer, TJAG

shall designate appellate counsel to represent the named parties or, as appropriate, real 

parties in interest. Appellate government counsel will represent the United States.

Rule 19.4. Procedures for Petitions Containing Sealed Matters

(a) Consistent with applicable sealing orders and trial judiciary procedures, counsel may, 

after filing appropriate notice with the trial court, file a petition that includes sealed matters, 

provided they strictly adhere to the below procedures. 

(b) Procedures for Electronic Transmission (preferred):

(1) Encrypt and password-protect petitions that reference sealed matters.

(2) Encrypt and password-protect a copy of any sealed matters or sealed parts of the 

record that are included in the petition pursuant to Rule 19(b)(2). To the extent practicable, 

separate the sealed matter, portion of the transcript, or recording into individual files. For 

each individual file, provide a filename that reasonably describes it (e.g., Transcript of M.R.E. 

412 Hearing).
17

(3) Email any unsealed portions of the petition and an explanation of what is being filed 

separately under seal to the following personnel and email distribution groups:

(A) The Judges of the Coast Guard Court of Criminal Appeals, HQS-DG-CG094C@uscg.mil. 

(B) The Clerk of the Court, HQS-DG-CG-094C-CLERK@uscg.mil. 

(C) TJAG’s designee, Records Custodian, and HQS-DG-LST-CG-LMJ@uscg.mil. 

(D) Appellate defense counsel, HQS-DG-LST-CG-LAD-Appellate@uscg.mil. 

(E) The following personnel, as may be appropriate:

(i) The military judge whose decision, judgment or order is the subject of the 

petition;

(ii) Trial counsel; and

(iii) Trial defense counsel.

(iv) Any other respondent, including victims’ counsel, if any.

(4) Email any sealed portions of the petition to the Clerk of the Court at HQS-DG-CG094C-CLERK@uscg.mil and to the Chief Judge.

(5) Separately email the password for the sealed documents to the Clerk of the Court at

HQS-DG-CG-094C-CLERK@uscg.mil and to the Chief Judge.

(c) Procedures in Event Electronic Transmission Impracticable:

(1) The petitioner shall place the petition (if filed under seal), any sealed matter, and 

sealed copies of portions of the transcript or recording, as applicable, in a separate sealed 

envelope. Attach a copy of the military judge’s written sealing order, if applicable, on the 

outside of the envelope.

(2) The sealed materials may be hand delivered, provided delivery is coordinated with the 

Clerk of the Court. Alternatively, in accordance with Rule 13.1(b), mail the original petition, 

sealed envelopes, and any other attachments via DHS-approved trackable means (e.g., Fedex 

or UPS) to:

Clerk of the Court

U.S. Coast Guard Court of Criminal Appeals

1254 Charles Morris Street SE, Suite 320

Washington Navy Yard

Washington, DC 20374-5124

(3) Upon receipt, the Clerk of the Court will forward the petition for extraordinary relief 

to the Chief, CG-LMJ, as The Judge Advocate General’s designee pursuant to Rules 19(d) 

and 19.1.(c). 

(4) To comply with Rule 19(c), the petitioner shall inform all potential respondents, 

including but not limited to trial counsel, defense counsel, appellate government counsel, 
18

appellate defense counsel, and the military judge, when any petition or part thereof has been 

filed under seal. 

(d) Procedures In Event Court Issues Show Cause Order

(1) If the Court orders appellate counsel to show cause why the petition should not be 

granted or otherwise provide an answer to the petition, CG-LAD and CG-LMJ shall notify 

the Clerk of the Court, as soon as practicable, who has been designated as appellate counsel 

to represent named parties or real parties in interest. Upon receipt of such notification, the 

Clerk of the Court will provide respective counsel any sealed portions of the petition along 

with the password, as appropriate. 

(2) To facilitate expedited review, the Court will consider issuing an order sua sponte to 

grant respective appellate counsel and the Records Custodian permission to examine sealed 

matters included with the petition. If such an order is issued, the Clerk of the Court will, as 

soon as practicable, provide respective appellate counsel the sealed matters along with the 

password, as appropriate.

(3) Unless granted permission to examine the sealed matters included with the petition, 

appellate counsel shall follow the procedures of Rule 23.3 to request to examine any sealed 

matters.

Rule 20. APPEALS BY THE UNITED STATES

(a) Restricted Filing

(1) Only a representative of the United States designated by the Judge Advocate 

General concerned may file an appeal by the United States under Article 62, UCMJ.

(2) Only the Judge Advocate General may approve the filing of an appeal of a 

sentence by the United States under Article 56(d), UCMJ.

(b) Form of Appeal

(1) An appeal under Article 62, UCMJ must comply with R.C.M. 908, these rules,

and Service Court rules. The appeal shall include the Notice of Appeal described 

in R.C.M. 908(b)(3). The Notice of Appeal must reflect the date and time of the 

military judge’s ruling or order from which the appeal is taken and the date and 

time of service upon the military judge.

(2) An appeal under Article 56(d), UCMJ must comply with R.C.M. 1117, these 

rules, and Service Court rules.

(c) Time for Filing. All procedural rules shall apply except as follows:

(1) Appeal Under Article 62, UCMJ

(A) The trial counsel shall have 20 days from the date of the Notice of Appeal 

to forward the appeal, including the record, to the representative of the 
19

United States designated by the Judge Advocate General. The person 

designated by the Judge Advocate General shall, within 5 days of receipt, 

file the original record with the Court with a copy to opposing counsel.

Appellate government counsel shall have 20 days from the date the appeal is 

filed with the Court to file a supporting brief. Should the United States 

decide to withdraw the appeal after it is received by the Court, appellate 

government counsel shall notify the Court in writing.

(B) Appellee shall have 20 days from the date the United States’ brief is filed 

to file an answer.

(C) The United States shall have 7 days from the date Appellee’s answer is 

filed to file a reply brief.

(2) Pursuant to R.C.M. 1117, an appeal under Article 56(d), UCMJ must be filed 

within 60 days after the date on which the judgment of the court-martial is entered 

into the record.

(d) The parties shall give appeals under Article 62, UCMJ priority over all other 

proceedings where practicable.

Rule 21. PETITIONS FOR NEW TRIAL

(a) Whether submitted to the Judge Advocate General by the accused in propria 

persona or by counsel for the accused, a timely petition for a new trial submitted 

under Article 73, UCMJ, while the accused’s case is pending before a Court of 

Criminal Appeals shall be filed in accordance with these and Service Court rules

and shall comply with R.C.M. 1210(c). 

(b) Upon receipt of a petition for new trial submitted by other than appellate 

defense counsel, the Court will notify all appellate counsel of record of such fact.

(c) A petition for new trial shall explicitly state whether the petitioner intends to 

file a separate brief in support of the petition. Unless the petition specifically states 

that the petitioner intends to file a supplemental brief, the petition shall be 

construed as incorporating a brief in support of the petition and the respondent 

may file an answer within 30 days after filing of the petition. If, alternatively, the 

petition indicates intent to file a separate brief in support of the petition, the 

petitioner shall have 30 days from filing the petition to file the brief in support of 

the petition and the respondent may file an answer within 30 days after filing of 

the brief. A reply may be filed no later than 7 days after the filing of the 

respondent’s answer.

Rule 21.1. Petition for New Trial for Case Not Before the Court

Any petition for new trial received on a case not pending before the Court will be transmitted 

to TJAG’s designee.
20

Rule 22. AMICUS CURIAE BRIEFS

(a) A brief of an amicus curiae may be filed (1) by invitation of the Court; or (2) by 

motion for leave to file granted by the Court. 

(b) Only an attorney admitted to practice as a member of the Bar of the Court 

or an attorney appearing pro hac vice may file an amicus curiae brief.

(c) All motions and briefs filed under Rule 22(a)(2) must contain a statement of 

the movant’s interest and why the matters asserted are relevant to the 

disposition of the case. Amicus curiae briefs filed pursuant to Rule 22(a)(2) that 

bring relevant matter to the attention of the Court not already brought to its 

attention by the parties may be of considerable help to the Court. An amicus 

curiae brief that does not serve this purpose burdens the Court, and its filing 

is not favored. Unless the movant is a victim of an offense as defined by Article 

6b, UCMJ, the motion must also provide a statement as to whether the parties 

consent to the filing of the amicus curiae brief.

Rule 22.1. Format

Briefs of amicus curiae must be filed in accordance with the Court’s rules and in the approved 

format. Such briefs must indicate service on all parties and respondents.

Rule 22.2. Victims as Amicus Curiae.

A victim of an offense, as defined by Article 6b, UCMJ, may, through counsel, file a brief as 

amicus curiae under this rule without leave of the Court provided that: (1) it pertains to 

matters delineated in Article 6b(e)(4); and (2) it is filed within the same time prescribed for 

the respondent’s or appellee’s answer. 

Rule 22.3. Answers.

Any party may file an answer to an amicus curiae brief within 7 days of its filing or within 7 

days of the Court granting leave to file, whichever is later. Further, an amicus curiae may 

file a reply to an answer within 7 days of the answer being filed.

Rule 23. MOTIONS

(a) Content. All motions, unless made during the course of a hearing, shall state 

with particularity the relief sought and the grounds therefor.

(b) Motions to Attach Documents. If a party desires to attach a statement of a person 

to the record for consideration by the Court on any matter, such statement shall 

be made either as an affidavit or as an unsworn declaration under penalty of 

perjury pursuant to 28 U.S.C. § 1746. All documents containing language other than 

English shall have attached a certified English translation.
21

(c) Opposition. Unless prescribed otherwise by Service Court rules, any opposition 

to a motion shall be filed within 7 days after receipt of the motion by the opposing 

party.

(d) Leave to File. Any pleading not authorized or required by these or Service Court

rules shall be accompanied by a motion for leave to file such pleading. A motion 

for leave to file the pleading and the pleading may be combined in the same 

document.

Rule 23.1. Filing of Motions

(a) Except as otherwise provided in these Rules, counsel should avoid consolidating more 

than one motion into one pleading.

(b) In order to expedite a motion, counsel may consult opposing counsel prior to filing it. If 

the other party does not oppose the action requested by the motion, the title of the motion 

shall begin with the words “Consent Motion.” The Court may immediately act on consent 

motions without awaiting a response.

(c) Any document filed in conjunction with a motion shall be attached as an individual 

appendix and labeled accordingly. Documents filed in subsequent motions by the same party

shall continue the numbering of appendices in sequence rather than restarting, for example,

at Appendix 1. 

Rule 23.2. Motions for Enlargement of Time

(a) Any motion for enlargement of time must be submitted at least 7 calendar days before the 

filing is due. The 7-day period shall not be shortened by application of Rule 15. The motion 

shall note whether it is the first, second, third, or subsequent such motion in the case.

(b) Enlargements of time ordinarily will only be granted up to 30 calendar days. An 

appellant’s motion for first enlargement does not require a showing of good cause. All other 

motions for enlargement will be granted only when good cause is shown with particularity. 

(c) Any opposition to a motion for enlargement of time must be filed within 2 business days 

of receipt by the responding party. 

Rule 23.3. Motion to Examine Sealed Materials 

(a) Counsel seeking to examine sealed portions of a record of trial shall file a motion to 

examine sealed materials. In addition to service on the opposing party, a copy of any motion 

to examine sealed material shall be served on any respondents, and any affected victim or 

victim’s counsel. For victims who are unrepresented by counsel, appellate government 

counsel shall ensure service on the victim.

(b) Any opposition to a motion to examine sealed materials that were disclosed to all parties 

at the proceeding below shall be filed within 2 business days of receipt by the responding
22

party. Any opposition to a motion to examine sealed materials that were not disclosed to all 

parties at the proceeding below shall be filed within 7 days of receipt by the responding party.

Rule 23.4. Motion to Cite Supplemental Authority 

Counsel who become aware of relevant new law after submitting a pleading shall bring the 

new law to the Court’s attention by filing a motion to cite supplemental authorities. Such 

motion shall briefly explain the relevance of each newly cited authority to the issues before 

the Court.

Rule 23.5. Motion to Correct Errata 

Counsel who become aware of clerical or other errors after submitting a pleading may file a 

motion to correct errata. 

Rule 23.6. Motion for Remand to Correct Post-Trial Processing Error 

Any party may move at any time for immediate remand of a case to correct an error in posttrial processing. 

Rule 23.7. Motion to Correct Error in Record of Trial

Prior to filing a motion under Rule 6(c) to correct a substantial error or omission in the record 

of trial, the moving party shall make every reasonable effort to resolve the matter informally. 

The motion shall note the efforts made.

IV. PROCEEDINGS OF THE COURT

Rule 24. EXTENSIONS OF TIME AND INTERLOCUTORY MATTERS

Except as otherwise provided in Rule 31(d), the Court, in its discretion, may extend 

any time limits prescribed and may dispose of any interlocutory or other 

appropriate matter not specifically covered by these rules, in such manner as may 

appear to be required for a full, fair, and expeditious consideration of the case. 

Rule 25. ORAL ARGUMENTS

Oral arguments may be heard in the discretion of the Court upon motion by either 

party or when otherwise ordered by the Court. The motion of a party for oral 

argument shall be made no later than 7 days after the filing of an answer to an 

appellant’s brief. Such motion shall identify the issue(s) upon which counsel seek 

argument. The Court may, on its own motion, identify the issue(s) upon which it 

wishes argument.
23

Rule 25.1 Conduct of Oral Argument

(a) Location. Oral arguments will be conducted at a location specified by the Court by written 

order.

(b) Procedure. The Chief Judge or the senior judge on the panel will preside at all formal 

sessions of the Court. Motions for admission and outstanding motions regarding the case set 

for argument are the first order of business followed by argument on the case. To assist 

counsel, the Crier of the Court will signal when 5 minutes remain by illuminating a yellow 

signal light and the red light when time has expired. Counsel must cease argument upon 

illumination of the red light except by leave of the Court.

(c) Length and Order of Argument. Each side will normally be allotted 30 minutes to present 

oral argument. Counsel for the appellant, petitioner, or movant will open argument and, if 

the Court grants permission in advance to reserve time for rebuttal, close argument. 

(d) Counsel. If a party desires that more than one counsel argue on behalf of that party, 

permission must be obtained from the Court. Counsel for amici curiae may move for 

permission to argue at a scheduled oral argument, which motion will be resolved in the 

discretion of the Court. The Court may permit counsel in the case to rebut the arguments of 

amici curiae.

(e) Attire. Judge advocates appearing before the Court on behalf of litigants shall wear the 

Service Dress Blue uniform, or the service equivalent. Civilian attorneys shall wear 

conservative professional attire.

Rule 26. RECORDING, PHOTOGRAPHING, BROADCASTING, OR 

TELECASTING OF HEARINGS

The recording, photographing, broadcasting, or televising of any session of the 

Court or other activity relating thereto is prohibited unless specifically authorized 

by the Court.

Rule 26.1. Recording of Oral Argument

(a) Unless impracticable, the Court ordinarily arranges an official audio recording of each

oral argument. Coast Guard personnel may request access to an existing recording of an oral 

argument by contacting the Clerk of the Court.

(b) Any other photographing, televising, recording, or broadcasting of oral argument is 

prohibited unless specifically authorized by the Court.

Rule 27. EN BANC PROCEEDINGS

(a) A majority of judges who are in regular active service, as defined in Rule 7 or 

Service Court rules, and not disqualified may, sua sponte or in response to a 
24

suggestion, order that an appeal or any other proceeding be considered or 

reconsidered by the Court en banc. En banc consideration or reconsideration is 

not favored and ordinarily will not be ordered unless: (1) necessary to secure or 

maintain uniformity of the Court’s decisions; (2) the opinion overrules a binding 

precedent of the Court; (3) the proceeding involves a question of exceptional 

importance; or (4) a sentence being reviewed pursuant to Article 66, UCMJ, extends 

to death.

(b) A party may suggest consideration or reconsideration of a proceeding en banc.

In cases being reviewed pursuant to Article 66, UCMJ, a suggestion for en banc

consideration must be filed with the Court within 7 days after the United States 

files its answer to the assignments of error, or the appellant files a reply under 

Rule 18(d). In other proceedings, the suggestion must be filed with the party’s 

initial pleading, or within 7 days after the response thereto is filed. A suggestion 

for en banc reconsideration must be made within the time prescribed by Rule 31

for filing a motion for reconsideration. No response may be filed to a suggestion 

for en banc consideration or reconsideration unless the Court so orders.

(c) A suggestion for en banc consideration or reconsideration shall be transmitted 

to each judge of the Court who is in regular active service and not disqualified, but 

a vote need not be taken to determine whether the case shall be considered or 

reconsidered en banc unless a judge requests a vote.

(d) Although only the Court en banc may overrule a binding precedent, a party may 

argue, in its brief and oral argument, to overrule a binding precedent without 

petitioning for hearing en banc. The panel will decide whether to ask the 

remaining judges to consider hearing the case en banc.

Rule 28. CONTEMPT

(a) Contempt Proceedings

(1) Under Article 48, UCMJ, any judge of the Court may punish any person for 

contempt. 

(2) Summary Disposition. A judge of the Court may summarily punish contempt 

when the judge directly witnesses the contemptuous conduct during the course of 

an appellate proceeding. Prior to holding a person in contempt, the judge shall 

provide the alleged offender with an opportunity to make a statement. If the 

alleged offender declines to make a statement, no negative inference will be drawn. 

If a contempt is punished summarily, the judge shall ensure there is an adequate 

record accurately reflecting the misconduct that the judge directly witnessed.

(3) Disposition upon Notice and Hearing. If the judge did not personally witness 

the contemptuous conduct at issue, the alleged offender shall be provided written 

notice of the alleged contempt and given a reasonable opportunity to respond and 
25

to present evidence before the Court. The written notice shall include notice that 

the alleged offender has the right to be represented by counsel and that no 

negative inference will be drawn from failure to respond and to present evidence. 

The government shall provide military alleged offenders counsel at no expense to 

them. The contempt must be proved beyond a reasonable doubt before it may be 

punished.

(4) Appeal. A person found in contempt by the Court shall be notified of their 

right to appeal the contempt findings and sentence to the United States Court of 

Appeals for the Armed Forces in accordance with that Court’s rules and Article 48, 

UCMJ.

(5) Stays. Upon written request or upon its own motion, the Court may stay the 

imposition of punishment pending an appeal. 

(b) Appeals from Contempt Proceedings Below

(1) Notice of Appeal. Any person found in contempt by a military judge or 

military magistrate may appeal the punishment by filing a notice of appeal with 

the Clerk of the Court within 20 days of being found in contempt. The notice of 

appeal must:

(A) be titled In Re [Contempt-Appellant];

(B) specify the person taking the appeal;

(C) list the parties to the proceeding, the name of the judicial officer who 

made the contempt finding, any alleged victims as defined under Article 6b, 

UCMJ, and the punishment awarded; 

(D) list the names and addresses of counsel for all parties to the proceeding 

and any alleged victims; and

(E) indicate whether the contempt-appellant requests a stay of unexecuted 

punishment. 

(2) Action by United States upon Service. Within 20 days of receiving or filing a 

notice of appeal, the trial counsel shall forward a record of the contempt 

proceedings to appellate counsel for the United States as designated by the Judge 

Advocate General. Appellate counsel for the United States shall promptly file the 

original record with the Clerk of the Court and forward copies to opposing counsel.

(3) Action by Court upon Service. Upon receipt of any notice of appeal, the Clerk 

will docket the case and forward a copy of the notice to the appropriate Judge 

Advocate General or designee.

(4) Resolution of Appeal

(A) Briefing. A contempt-appellant must file a brief in support of his or her 

appeal within 30 days of being served with a copy of the record under 
26

subsection (b)(2) of this rule. Opposing counsel may respond within 20 days 

of receiving the contempt-appellant’s brief. If the appellate government 

division is conflicted or elects not to respond, the Court may direct the 

Judge Advocate General to detail appellate counsel to defend the finding of 

contempt and punishment.

(B) Argument. The Court may, in its discretion, order oral argument. 

(C) Final action. An appeal of a finding of contempt will be reviewed for an 

abuse of discretion. The Court may affirm or set aside the finding or the 

punishment, in whole or in part, or make any other order in the case as the 

circumstances require. 

Rule 29. ARTICLE 66(F) PROCEEDINGS

(a) In General. The Court may, upon motion by any party or sua sponte, order a 

remand under Article 66(f)(3), UCMJ for further proceedings. Such orders shall be 

directed to the Chief Trial Judge. The Judge Advocate General or designee shall 

designate a general court-martial convening authority who shall provide support 

for the hearing. Although within the discretion of the Court, remand is generally 

not appropriate to determine facts or investigate matters which could, through a 

party’s exercise of reasonable diligence, have been investigated or considered at 

trial, or to resolve post-trial claims that are: 

(1) inadequate on their face; 

(2) facially adequate but appellate filings and the record as a whole 

compellingly demonstrate their improbability; 

(3) uncontested; or 

(4) based on statements or documents not included in the record of trial and 

(A) the statement is unsworn or not filed in compliance with Rule 23(b); or

(B) the statement is made by a person who lacks personal knowledge of the 

material facts that the Court is asked to rely on. 

(b) Jurisdiction. The Court ordering remand retains jurisdiction unless it 

expressly dismisses the appellate proceeding. 

(1) Remand When Court Retains Jurisdiction. When a Court remands but does 

not dismiss the appellate proceeding, such as for fact-finding or issuance of a 

certificate of correction, the remand does not return jurisdiction over the case to 

the court-martial and military judge. Rather, the Court retains jurisdiction over 

the case throughout the Article 66(f) proceeding. Such a remand is an appellate 

proceeding conducted on behalf of the Court but presided over by a military judge 
27

or magistrate. Any finding or recommendation arising out of a proceeding shall be 

forwarded to the Court for consideration and action. 

(2) Remand When Court Dismisses Appellate Proceeding and Returns 

Jurisdiction. A remand of a case that returns jurisdiction over the case to the 

military judge and court-martial will specifically state the scope of the remand and 

the range of actions that may be taken. If an action during a remand terminates 

the case, an appellate attorney authorized to act on behalf of the United States 

shall so inform the Court. Such a remand may be appropriate, for instance, when 

a matter in the case requires corrective action by the trial court such as to correct 

an error in the judgment or to address an inconsistency or omission in the factual 

basis of an accused’s plea.

(c) Remand Impracticable. The general court-martial convening authority 

designated to provide support for the proceeding pursuant to R.C.M. 810(f)(1) may 

determine that the proceeding is impracticable. In such a case, an appellate 

attorney authorized to act on behalf of the United States shall forward this 

determination, accompanied by an explanation for the determination, to the Court. 

The Court may direct that the proceeding continue. If the Court does not direct 

that the proceeding continue, the Court may take any other action authorized by 

law that does not materially prejudice the substantial rights of the accused.

(d) Article 66(f) Hearings. The military judge detailed to an Article 66(f) proceeding 

may order one or more Article 66(f) hearings as may be necessary to fulfill the 

purpose of the remand. The following procedural rules shall apply at Article 66(f) 

hearings directed under this rule:

(1) A record of the proceedings shall be created and certified in substantial 

compliance with R.C.M. 1112.

(2) The parties may question and challenge the military judge as provided by 

R.C.M. 902.

(3) In the case of a remand in which the Court has returned jurisdiction over 

the case under subsection (a)(2) the rules applicable to the conduct of a post-trial 

Article 39(a) shall apply.

(4) In the case of a remand in which the Court has maintained jurisdiction over 

the case under subsection (a)(1) the following rules shall apply: 

(A) The Judge Advocate General shall provide the accused with the same 

right to counsel as would be had at a post-trial Article 39(a) session. 

(B) The accused’s right to personally be present at a proceeding shall 

generally be the same as for similar proceedings held in United States 

District Courts. The military judge may authorize remote appearances of 

witnesses and parties as provided by R.C.M. 914A and 914B.
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(C) The military judge may apply any other Rule for Courts-Martial which 

the military judge determines is appropriate to apply to a post-conviction 

fact-finding hearing for the just determination of the issues involved. In 

applying such a rule, the military judge shall construe the rule to secure 

simplicity in procedure, fairness in administration, and the elimination of 

unjustifiable expense and delay. 

Rule 30. ORDERS AND DECISIONS OF THE COURT

The Court shall give notice of its orders and decisions by promptly serving them, 

when rendered, on appellate counsel, including civilian counsel, if any, and the 

Judge Advocate General, or designee, as appropriate.

Rule 31. RECONSIDERATION

(a) The Court may, in its discretion and on its own motion, enter an order 

announcing its intent to reconsider its decision or order in any case not later than 

30 days after service of such decision or order on the appellate defense counsel or 

on the appellant, if the appellant is not represented by counsel, provided a petition 

for grant of review or certificate of review has not been filed with the United States 

Court of Appeals for the Armed Forces, or a record of trial for review under Article 

67(b) has not been received by that Court. No briefs or arguments shall be received 

unless the order so directs.

(b) Provided a petition for grant of review or certificate for review has not been 

filed with the United States Court of Appeals for the Armed Forces, and a record 

of trial for review under Article 67(b) or writ appeal has not been received by the 

United States Court of Appeals for the Armed Forces, the Court may, in its 

discretion, reconsider its decision or order in any case upon motion filed either by 

appellate counsel within 30 days after receipt by counsel, or by the appellant if the 

appellant is not represented by counsel, of a decision or order.

(c) A motion for reconsideration shall briefly and directly state the grounds for 

reconsideration, including a statement of facts showing jurisdiction in the Court.

A reply to the motion for reconsideration will be received by the Court only if filed 

within 7 days of receipt of a copy of the motion. Oral arguments shall not be heard 

on a motion for reconsideration unless ordered by the Court. The original of the 

motion filed with the Court shall indicate the date of receipt of a copy of the same 

by opposing counsel.

(d) The time limitations prescribed by this rule shall not be extended under the 

authority of Rule 24 or Rule 32 beyond the expiration of the time for filing a 

petition for review or writ appeal with the United States Court of Appeals for the 
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Armed Forces, except that the time for filing briefs by either party may be 

extended for good cause.

Rule 31.1. Effect of Order Granting Reconsideration

Unless otherwise specified, an order granting reconsideration vacates the decision or order 

to be reconsidered.

Rule 31.2. Composition of Panel upon Reconsideration

To the extent practicable, the same judges who originally decide a matter will constitute the 

panel to act on a motion for reconsideration and, if granted, the matter on reconsideration. 

To the extent not practicable, the Chief Judge retains the discretion to assign the matter to 

a panel.

Rule 32. SUSPENSION OF RULES

For good cause shown, the Court acting en banc or in panel may suspend the 

requirements or provisions of any of these rules in a particular case on a motion 

of any party or sua sponte and may order proceedings in accordance with its 

direction.

Approved by

L. I. MCCLELLAND

Chief Judge

05 April 2023