[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30793-30794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13095]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2010-OS-0070]


U.S. Court of Appeals for the Armed Forces Proposed Change to 
Electronic Filing Guidelines

AGENCY: Department of Defense (DoD).

ACTION: Notice of proposed change to the Electronic Filing Guidelines 
of the United States Court of Appeals for the Armed Forces.

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SUMMARY: This notice announces the following proposed change by Court 
Order to the Electronic Filing Guidelines of the United States Court of 
Appeals for the Armed Forces.

DATES: Comments on the proposed change must be received within 30 days 
of the date of this notice.

ADDRESSES: You may submit comments, identified by docket number and 
title by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, OSD Mailroom 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://regulations.gov as they are received without change, 
including personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the 
Court, telephone (202) 761-1448.


[[Page 30794]]


    Dated: May 26, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Proposed New Order for Electronic Filing of Pleadings

    Effective (date), all pleadings, except as noted below, may be 
filed on paper or electronically in accordance with the guidelines 
attached to this Order. Joint Appendices to Briefs, filed under Rule 
24(f), Rules of Practice and Procedure, shall be filed in paper form 
only. Administrative matters, such as bar admission applications and 
attorney disciplinary proceedings, may not be filed electronically. 
Attorneys appearing before the Court are reminded that personal data 
identifiers must be redacted from documents filed electronically. 
See Guideline paragraph 3h.
    This Order supersedes the Order of the Court of July 15, 2009, 
concerning electronic filing of petition documents, and that Order 
is hereby rescinded effective (date).

Guidelines for Electronic Filing of Pleadings

    1. Scope.
    The United States Court of Appeals for the Armed Forces adopts 
the following provisions to govern the electronic filing of 
pleadings:
    a. This Order applies to all pleadings filed electronically on 
or after (date). Alternatively, pleadings may be filed in a paper 
format; however, the same pleading may not be filed both 
electronically and on paper.
    b. Administrative matters, such as bar admission applications 
and attorney disciplinary proceedings, may not be filed 
electronically.
    c. If the supplement to the petition for grant of review is 
filed electronically, an appendix to the supplement (containing the 
decision of the Court of Criminal Appeals, matters submitted 
pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), 
and other required matter) shall also be filed electronically unless 
it consists of more than 50 pages. In such a case, the appendix may 
be submitted on paper and the supplement submitted electronically. 
In lieu of submitting an appendix in excess of 50 pages on paper, 
counsel may submit it in a CD or DVD format and note in the 
supplement that it is being filed in that format under separate 
cover. Record matters in the form of video media on CD-ROM or DVD 
may be submitted in a separate volume of the appendix that is filed 
in accordance with Rule 21(b).
    d. A petition for grant of review filed personally by an 
appellant shall be filed on paper, as provided under Rule 20(a). All 
subsequent documents related to the petition for grant of review 
filed by counsel in such a case may be filed on paper or 
electronically.
    e. The Joint Appendix to the brief will be filed in paper form 
only with the required number of paper copies rather than 
electronically. If the appellant or petitioner files the brief 
electronically, the Joint Appendix will be filed on the same day the 
brief is filed electronically.
    2. Electronic Filing Address.
    Counsel shall electronically file pleadings using an electronic 
mail message at the following e-mail address: 
<a href="/cdn-cgi/l/email-protection#ea8f8c838683848daa8b98878c8598c49f9989859f989e99c48d859c"><span class="__cf_email__" data-cfemail="f792919e9b9e9990b796859a919885d98284949882858384d9909881">[email protected]</span></a>. For questions or help concerning the 
electronic filing of pleadings, counsel should contact the Clerk's 
Office at (202) 761-1448.
    3. Procedure.
    a. The electronic filing of a pleading in compliance with these 
Guidelines shall constitute filing under the Rules of Practice and 
Procedure. The pleading will be deemed filed as of the date and time 
of the transmission of the electronic mail message.
    b. The electronic mail message shall contain the following in 
the subject block: (1) The name of the case; (2) the docket number 
if a docket number has been assigned; and (3) the words ``electronic 
filing.'' A description of the nature of the pleading will be 
included in the body of the electronic mail message.
    c. The pleading shall be attached to the electronic mail message 
in Portable Document Format (PDF), and, when printed, shall be in 
compliance with the Rules of Practice and Procedure of the Court.
    d. Counsel shall send an electronic copy of the message and all 
attachments to opposing counsel to accomplish service of the 
pleading under Rule 39. This may be accomplished by listing opposing 
counsel as a ``cc'' recipient of the electronic message.
    e. The brief attached to an electronic filing shall contain the 
conformed signature (``/s/'') or digital signature of the attorney 
of record. This will comply with the requirements of Rule 38.
    f. If a pleading is filed electronically in accordance with this 
Order, the party filing the pleading is not required to prepare and 
file printed copies of that pleading under Rules 37(a) and 37(b)(2). 
The Court will send a reply electronic message to the sender 
indicating receipt of the electronic filing. Electronic filers are 
advised that if they do not receive a reply electronic message by 
the following business day, they should immediately contact the 
Clerk's Office.
    g. Classified material and material under seal will not be filed 
electronically. If such matters need to be filed, they will be 
submitted to the Court on paper as a supplemental filing to the 
document in which they would otherwise appear. In such cases, 
counsel will include in the text of the electronic mail message a 
notation that classified or sealed material is being separately 
submitted. The classified or sealed material will be appropriately 
packaged, marked and delivered, and will include a notation that it 
accompanies an electronic filing in the case. All classified 
material will be handled in accordance with Rule 12.
    h. Counsel will refrain from including and shall redact the 
following personal data identifiers from documents filed with the 
Court:

<bullet> Social security numbers
<bullet> Names of minors
<bullet> Dates of birth
<bullet> Financial account numbers
<bullet> Home addresses.

    Comment: The proposed change will authorize all pleadings, except 
as noted in the Order, to be filed in an electronic format. Previously, 
only petition stage documents could be filed electronically. If a 
pleading is filed electronically, paper copies will not be filed. As an 
alternative, filing on paper will still be permitted in lieu of 
electronic filing.

[FR Doc. 2010-13095 Filed 6-1-10; 8:45 am]
BILLING CODE 5001-06-P


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