THE JOINT RULES 

OF APPELLATE PROCEDURE

FOR COURTS OF CRIMINAL APPEALS

 

 

 

 

Effective 1 January 2019

As amended through 17 May 2024
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Table of Contents

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

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

Rule 2. Scope of Rules; Title....................................................................................................1

Rule 3. CCA Rules....................................................................................................................1

Rule 4. Effective Date ..............................................................................................................1

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

Rule 6. Composition of the Record on Appeal ........................................................................3

Rule 7. Quorum........................................................................................................................4

Rule 8. Amendments................................................................................................................5

II. Attorneys.................................................................................................................................5

Rule 9. Qualification of Counsel..............................................................................................5

Rule 10. Conduct of Counsel ...................................................................................................5

Rule 11. Assignment of Counsel..............................................................................................6

Rule 12. Notice of Appearance and Withdrawal of Counsel..................................................6

III. Practice Before the Court .....................................................................................................6

Rule 13. Filing and Service .....................................................................................................6

Rule 14. Signing of Papers ......................................................................................................7

Rule 15. Computation of Time ................................................................................................7

Rule 16. Waiver or Withdrawal of Appellate Review ............................................................7

Rule 17. Briefs..........................................................................................................................7

Rule 18. Appeals by the Accused.............................................................................................8

Rule 19. Extraordinary Relief .................................................................................................9

Rule 20. Appeals by the United States .................................................................................11

Rule 21. Petitions for New Trial ...........................................................................................11

Rule 22. Amicus Curiae Briefs ..............................................................................................12

Rule 23. Motions ....................................................................................................................12

IV. Proceedings of the Court.....................................................................................................13

Rule 24. Extensions of Time and Interlocutory Matters .....................................................13

Rule 25. Oral Arguments.......................................................................................................13

Rule 26. Recording, Photographing, Broadcasting, or Telecasting of Hearings.................13
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Rule 27. En Banc Proceedings...............................................................................................13

Rule 28. Contempt .................................................................................................................14

Rule 29. Article 66(f) Proceedings.........................................................................................16

Rule 30. Orders and Decisions of the Court.........................................................................17

Rule 31. Reconsideration.......................................................................................................17

Rule 32. Suspension of Rules ................................................................................................18
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I. GENERAL

Rule 1. COURTS OF CRIMINAL APPEALS

(a) The titles of the Courts of Criminal Appeals (CCAs) established under Article 66, Uniform 

Code of Military Justice (UCMJ), 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), UCMJ, and Rule for Courts-Martial (R.C.M.) 1203(a), the 

Judge Advocate General concerned shall certify individuals as qualified for duty as appellate 

military judges and assign them to the Court. Appellate military judges shall serve for a 

minimum of three years, subject to such exceptions as may be prescribed in regulations 

issued by the Secretary concerned. 

Rule 2. SCOPE OF RULES; TITLE

(a) These rules prescribe uniform procedures for the CCAs 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. CCA RULES

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

will be referred to hereinafter as “CCA rules.” Unless these rules provide otherwise, CCA

rules may not be inconsistent with these rules. 

Rule 4. EFFECTIVE DATE

Subject to applicability provisions for amendments to the UCMJ and Rules for CourtsMartial, these rules, as amended on 17 May 2024, are effective on 27 May 2024. 
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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(b)(3), UCMJ, courts-martial in which the 

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

(A) death;

(B) dismissal of a commissioned officer, cadet, or midshipman, dishonorable or badconduct discharge; or 

(C) confinement for two years or more. 

(2) Appeal by the Accused. Pursuant to Article 66(b)(1), UCMJ, timely appeal of judgments 

from special and general courts-martial that include a finding of guilty, but are not subject 

to automatic review under paragraph (1). 

(3) Application by the Accused. Pursuant to Article 69(d), UCMJ, summary courts-martial

in which the Judge Advocate General has taken action under Article 69(c)(1), UCMJ, and the 

Court has granted an accused’s timely application for review.

(4) Appeal by the United States under Article 62, UCMJ. In all general or special courtsmartial or pretrial proceedings under Article 30a, UCMJ, cases in which the United States, 

after providing timely written notice, appeals: 

(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; 

(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.
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(5) Petition for a New Trial. Petitions for a new trial in cases of trial by court-martial that 

are referred to the Court by the Judge Advocate General under Article 73, UCMJ. 

(6) Sentence Appeal by the United States. Sentences of courts-martial in which the Judge 

Advocate General has approved timely appeal by the United States under Article 56(d), 

UCMJ. 

(7) Review of Punishment for Contempt. Punishments for contempt imposed by a military 

judge or military magistrate under Article 48(c)(1), UCMJ. 

(8) Extraordinary Writ Petitions under 28 U.S.C. § 1651. Petitions filed under the All 

Writs Act, 28 U.S.C. § 1651, for extraordinary relief including, but not limited to, writs of 

mandamus, prohibition, habeas corpus, and error coram nobis. 

(9) Extraordinary Writ Petitions under Article 6b, UCMJ. Petitions for writs of mandamus

filed by victims of an offense as defined by 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. For cases reviewed under Article 65(d), UCMJ, the Judge 

Advocate General, consistent with Article 69(c)(2), UCMJ, determines if a waiver or 

withdrawal of an appeal is valid and, if not, sends the case to the CCA. For waivers or 

withdrawals received after a case has been docketed, the Court, consistent with Rule 16, has 

jurisdiction to determine the validity of the waiver or withdrawal. 

Rule 6. COMPOSITION OF THE RECORD ON APPEAL

(a) Except as provided by subsection (b) below, in any case before the Court for review, the 

record shall be as follows:

(1) For appeals by the accused reviewed under Rule 5(b)(1), (2), or (4), the record shall be 

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

for appellate review described in R.C.M. 1112(f), and, when applicable, documents germane 

to timeliness of the appeal under Article 66(c)(1), UCMJ. 

(2) For summary courts-martial reviewed under Rule 5(b)(3), the record shall be the 

contents described in R.C.M. 1305, post-trial documents described in R.C.M. 1306 and 1307, 

the action of the Judge Advocate General in the case, and documents germane to timeliness 

of the appeal under Article 69(d)(2)(B), UCMJ. 

(3) For interlocutory appeals by the United States reviewed under Rule 5(b)(5), the record 

shall be that described in R.C.M. 908(b)(5). 

(4) For petitions for a new trial reviewed 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 (b) of this rule. 
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(5) For sentence appeals by the United States reviewed under Rule 5(b)(7), the record 

shall be that described in R.C.M. 1117(d). 

(6) For contempt proceedings reviewed under Rule 5(b)(8), the record shall be the contents 

described in R.C.M. 1112(b) and (f) of both the court-martial and the contempt proceeding

that the parties determine are necessary for the Court’s review. 

(7) For petitions for extraordinary relief reviewed under Rules 5(b)(9) and (10), the record 

shall be those portions of the record that the petitioner or respondents submit as necessary 

for the Court’s consideration as well as any new matter submitted under subsection (b) of 

this rule. 

(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 

matters contained outside the record. Prior to considering matters under this paragraph the 

Court shall provide the parties notice and an opportunity to object. 

(c) Correction of the Record. The Court may, either sua sponte or upon motion, order 

correction of any substantial error or omission in the record of trial or may order an Article 

66(f), UCMJ, proceeding to resolve questions regarding the correctness of the record of trial.

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. 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 (b), (c), and 

(d). 

(b) Unless defined differently pursuant to Rule 7(c), 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. 
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(c) Each Court may establish its own definition of “regular active service” in its CCA rules 

even if inconsistent with Rule 7(b). 

(d) Notwithstanding Rule 7(b), consistent with procedures as may be prescribed by the Chief 

Judge of the CCA concerned, 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.

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 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 or may allow counsel to 

appear pro hac vice. 

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

concerned.

Rule 11. ASSIGNMENT OF COUNSEL

(a) Upon docketing of a case, the appropriate Judge Advocate General or designee shall, 

unless previously done, designate appellate military counsel to represent the parties and, if 

applicable and appropriate, victims of an offense 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 

established 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 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 that 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 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 CCA rules. 
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(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 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 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, “day” indicates calendar day, and shall 

end at 2359 Eastern Time. 

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. Pursuant 

to Article 61(d), UCMJ, a valid waiver or withdrawal bars further review under Article 66. 

At its discretion, the Court may issue a show-cause order. If the Court determines the waiver 

or withdrawal to be valid, it shall dismiss the appeal and return the record of trial to the 

Judge Advocate General without further action by the Court. 

Rule 17. BRIEFS

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

for pleadings and briefs shall be pursuant to CCA rules. Chief Judges shall confer with one 

another and endeavor to make such rules as consistent among the CCAs as practicable.
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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 CCA rules and counsel shall articulate Grostefon issues with 

particularity.

(c) Pro Se Submissions. A litigant who represents him or herself is known as a “pro se” 

litigant. 

(1) The Court and its employees cannot give legal advice to any person. All litigants are 

expected to follow the rules that govern the practice of law and be familiar with these rules 

and any CCA Rules established under Rule 3. 

(2) Pro se filings must include a statement indicating whether designated military or 

other counsel currently represents the filer. A person who is represented by counsel may 

make a pro se filing only if the Court grants leave to file for good cause shown. To establish 

good cause, a person who is represented by a counsel who has entered an appearance must 

explain why representation by that counsel is inadequate. 

(d) Time for Filing and Number of Briefs 

(1) Automatic Appeals under Article 66(b)(3), UCMJ. An appellant’s brief shall be filed no 

later than 60 days after the Court has received the record of trial pursuant to Article 65(b), 

UCMJ, and has docketed the case. An answer by the United States shall be filed no later 

than 30 days after the filing of an appellant’s brief. A reply brief may be filed by the appellant 

no later than 7 days after the filing of the United States’ answer. 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.

(2) Non-automatic Appeals under Article 66(b)(1)(A), UCMJ. An appeal under Article 

66(b)(1)(A), UCMJ, shall be considered timely provided the accused files a Notice of Appeal 

with the Court, in such form as the Court may direct, before the later of: (1) 90 days after the 

accused is provided notice of appellate rights under Article 65(c), UCMJ; or (2) the date set 

by the Court by rule or order. As soon as practicable after the filing of a Notice of Appeal, the 

government shall provide the Court a complete record, including a verbatim transcript, and 

provide a copy to the defense. An appellant’s brief shall be filed no later than 60 days 

thereafter. An answer by the United States shall be filed no later than 30 days after the filing 

of an appellant’s brief. A reply brief may be filed by the appellant no later than 7 days after 

the filing of the United States’ answer. 

(3) Appeals of Summary Courts-Martial under Article 66(b)(1)(B), UCMJ 

(A) An application for review of a summary court-martial under Article 66(b)(1)(B) 

shall be filed no later than 60 days from the earlier of: (1) the date on which the 

accused is notified of the decision of the Judge Advocate General; or (2) the date on 
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which a copy of the decision of the Judge Advocate General is deposited in the United 

States mails in accordance with Article 69(d)(2)(B)(ii), UCMJ. 

(B) The application shall state with particularity the asserted substantial basis for 

concluding that the Judge Advocate General’s action on review under Article 69(c)

constituted prejudicial error. 

(C) Thereafter, no further briefs shall be filed unless ordered by the Court and upon 

such schedule as the Court may establish. 

(4) Upon Remand or Reconsideration. If a case has already been the subject of an initial 

order or decision by the Court and has been returned following a remand or grant of 

reconsideration, no further briefs shall be filed except to the extent permitted by CCA rule or 

order. 

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

opinion that is not available in the legal research platform used by the Court, a copy shall be 

attached in an appendix. The appendix may also include extracts of statutes, rules, or 

regulations. A motion must be filed under Rule 23 to attach any other matter.

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;

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

(D) The specific relief sought;

(E) Reasons for granting the relief requested; 

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

cannot be obtained during the ordinary course of appellate review;

(H) If the petition relies on sealed matters, a statement identifying whether each 

party had access to the sealed material at trial;

(I) If necessary and authorized, a request for appointment of appellate counsel; and

(J) 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.

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

and shall identify all real parties in interest. 

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

on all respondents, real parties in interest, and 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) Priority. To the extent practicable, a petition for a writ of mandamus filed under Article 

6b, UCMJ, shall have priority over all other proceedings.

(f) 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.

(g) 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.

(h) 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.
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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 

CCA 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 

CCA 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 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, 
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UCMJ, while the accused’s case is pending before a Court of Criminal Appeals shall be filed 

in accordance with these and CCA 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, supplemental 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 

supplemental 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 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 23. MOTIONS

(a) Content. All motions shall be filed in writing, unless presented by leave of the Court

during a hearing, and state with particularity the relief sought and the grounds therefor. 

(b) Motions to Attach Documents 

(1) The Court will normally not consider any facts outside of the record, as described in 

Rule 6. Requests to consider factual material not in the record shall be presented by a motion 

to attach. The motion shall explain why it is appropriate for the Court’s consideration. 

Motions filed pursuant to this rule will be granted only for good cause shown. 
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(2) 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. 

(3) All documents written in a language other than English shall have attached a certified 

English translation.

(c) Opposition. Unless prescribed otherwise by CCA 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 CCA 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. 

IV. PROCEEDINGS OF THE COURT

Rule 24. EXTENSIONS OF TIME AND INTERLOCUTORY MATTERS

Except as otherwise provided in Rule 31(e), 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 or when otherwise 

ordered by the Court. Any motion for oral argument shall be filed no later than the due date

for a reply brief. Such motion shall identify the issue(s) on which counsel seek argument. 

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 the Court specifically authorizes it. 

Rule 27. EN BANC PROCEEDINGS

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

and not disqualified may, sua sponte or in response to a suggestion, order that an appeal or 

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 
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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 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.
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(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 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 Court, via the

Clerk of the Court, within 20 days of being found in contempt. The notice of appeal must, at 

a minimum:

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

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

contempt finding, any victims of an offense as defined by Article 6b, UCMJ, and the 

punishment imposed, if applicable; 

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

victims of an offense as defined by Article 6b, UCMJ; and

(D) 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. Appellate counsel for the United States shall promptly file the 

original record of the contempt proceedings 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 of the 

Court 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 subsection (b)(2) of this 

rule. Opposing counsel may respond within 20 days of receiving the contemptappellant’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. 
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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 that 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 for correction of the record, 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 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 courtmartial 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 convening authority designated to provide support or, as 

applicable, a special trial counsel, 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 
17

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.

(C) The military judge may apply any other Rule for Courts-Martial that 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, either upon motion or sua sponte, reconsider any order, decision, or 

opinion of the Court. 
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(b) A motion for reconsideration must be filed no later than 30 days after the date of the order, 

decision, or opinion. The motion shall briefly and directly state the grounds for 

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

(c) An answer to a motion for reconsideration must be filed no later than 7 days after receipt 

of a copy of the motion. 

(d) If the Court announces its intent to reconsider, no briefs or arguments may be filed unless 

the Court so directs.

(e) Pursuant to Rule 24, the Court may, for good cause shown, extend the time for filing a 

motion for reconsideration, but in no instance beyond the deadline for filing a petition for 

review, certificate for review, or writ appeal with the United States Court of Appeals for the 

Armed Forces. Likewise, the Court may sua sponte reconsider an order, decision, or opinion 

at any time, but in no instance beyond the deadline for filing a petition for review, certificate 

for review, or writ appeal with the United States Court of Appeals for the Armed Forces. 

Rule 32. SUSPENSION OF RULES

Except as provided in Rule 31(e), 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.
BY ORDER OF THE JUDGE ADVOCATES GENERAL OF THE ARMY, NA VY, AIR 

FORCE, AND COAST GUARD 

STUART W. RISCH 

Lieutenant General, U.S. Army 

The Judge Advocate General 

�1/. 

L. LUMM

Lieutenant General, U.S. Air Force 

The Judge Advocate General 

D.E. CRANDALL

Vice Admiral, ,JAGC, U.S. Navy

Judge Advocate General

,- . 

Admira , . . Coast Guard 

,Judge Advocate General 

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