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US (United States) Code. Title 10: Armed Forces. Appendix

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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United States Court of Appeals for the Armed Forces Rules of

Practice and Procedure 585

Courts of Criminal Appeals Rules of Practice and Procedure 603

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UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

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RULES OF PRACTICE AND PROCEDURE

(EFFECTIVE JULY 1, 1983, AS AMENDED TO JANUARY 6, 2003)

GENERAL

Rule

1. Name.

2. Seal.

3. Oath of Judges.

3A. Senior Judges.

4. Jurisdiction.

5. Scope of Review.

6. Quorum.

7. Process.

8. Parties.

CLERK'S OFFICE

9. Clerk.

10. Docket.

11. Calendar.

12. Cases Involving Classified Information.

ATTORNEYS

13. Qualifications to Practice.

13A. Student Practice Rule.

14. Honorary Membership.

15. Disciplinary Action.

16. Entry of Appearance and Withdrawal by Counsel.

17. Assignment of Counsel.

APPEALS

18. Methods of Appeal.

19. Time Limits.

20. Form of Petition for Grant of Review.

21. Supplement to Petition for Grant of Review.

22. Certificate for Review.

23. Mandatory Review Case.

BRIEFS

24. Form, Content, and Page Limitations.

25. When Briefs are Required.

26. Amicus Curiae Briefs.

EXTRAORDINARY RELIEF

27. Petition for Extraordinary Relief, Writ Appeal Petition,

Answer, and Reply.

28. Form of Petition for Extraordinary Relief, Writ Appeal

Petition, Answer, and Reply.

PETITIONS FOR NEW TRIAL

29. Filing, Notice, and Briefs.

MOTIONS

30. Motions.

FACT FINDING

30A. Fact Finding.

RECONSIDERATION

31. Petition for Reconsideration.

32. Form of Petition for Reconsideration.

PRACTICE BEFORE THE COURT

33. Suspension of Rules.

34. Computation of Time.

35. Filing of Record.

35A. Use of Classified Information.

36. Filing of Pleadings.

36A. Citations to Supplemental Authorities.

37. Printing, Copying and Style Requirements.

38. Signatures.

39. Service of Pleadings.

HEARINGS

40. Hearings.

41. Photographing, Televising, Recording, or Broadcasting of

Hearings.

OPINIONS

42. Filing, Reproduction, and Distribution.

43. Entry of Judgment.

43A. Issuance of Mandate.

JUDICIAL CONFERENCE

44. Judicial Conference.

REVISION OF RULES

45. Rules Advisory Committee.

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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Rule 1. Name

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Section 941 of Title 10, United States Code, provides that the

name of the Court is the ''United States Court of Appeals for the

Armed Forces.''

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(As amended Oct. 12, 1994.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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GENERAL

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Rule 2. Seal

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The official seal of the court is as follows:

In front of a silver sword, point up, a gold and silver balance

supporting a pair of silver scales, encircled by an open wreath of

oak leaves, green with gold acorns; all on a grey-blue background

and within a dark blue band edged in gold and inscribed ''UNITED

STATES COURT OF APPEALS FOR THE ARMED FORCES'' in gold letters.

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(As amended Jan. 4, 1995.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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GENERAL

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Rule 3. Oath of Judges

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Before undertaking the performance of the duties of his office,

each Judge appointed to this Court shall take the oath or

affirmation prescribed in Section 453 of Title 28, United States

Code.

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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GENERAL

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Rule 3A. Senior Judges

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(a) With the Senior Judge's consent, and at the request of the

Chief Judge, a Senior Judge may perform judicial duties with the

Court if an active Judge of the Court is disabled or has recused

himself or if there is a vacancy in an active judgeship on the

Court. For the periods of time when performing judicial duties with

the Court, a Senior Judge shall receive the same pay, per diem, and

travel allowances as an active Judge; and the receipt of pay shall

be in lieu of receipt of retired pay or annuity with respect to

these same periods. The periods of performance of judicial duties

by a Senior Judge shall be certified by the Chief Judge and

recorded by the Clerk of Court. The Clerk of Court shall notify the

appropriate official to make timely payments of pay and allowances

with respect to periods of time when a Senior Judge is performing

judicial duties with the Court and shall notify the Department of

Defense Military Retirement Fund to make appropriate adjustments in

the Senior Judge's retired pay or annuity. See Article 142(e)(2),

Uniform Code of Military Justice (UCMJ), 10 USC Sec. 942(e)(2).

(b) In addition to the performance of judicial duties with the

Court, a Senior Judge may, at the request of the Chief Judge and

with the Senior Judge's consent, perform such other duties as the

Chief Judge may request or the Court may direct. Such other duties

may include, but are not limited to, service as a special master or

as an adviser on Court operations, administration, and rules;

representation of the Court at conferences, seminars, committee

meetings or other official or professional functions; coordination

of or assistance with conferences being conducted by the Court; and

assistance in the compilation of history or archives of the Court.

A Senior Judge shall not receive pay for the performance of such

other duties with the Court but may be paid per diem and travel

allowance to reimburse expenses incurred by the Senior Judge while

performing such duties.

duties, a Senior Judge shall be provided such administrative and

secretarial assistance, office space, and access to the Courthouse,

other public buildings, court files, and related information, as

the Chief Judge considers appropriate for the performance of those

duties by the Senior Judge.

(d) The title of Senior Judge may not be used in any way for

personal gain or in connection with any business activity,

advertisement, or solicitation of funds. However, the title of a

Senior Judge may be referred to in any professional biography or

listing and may be used in connection with any judicial or other

duties that the Chief Judge requests the Senior Judge to perform.

(e) No Senior Judge of the Court may engage in the practice of

law in connection with any matter that involves an investigation or

trial for any matter arising under the Uniform Code of Military

Justice or appellate review of any court-martial proceeding by a

Court of Criminal Appeals, the United States Court of Appeals for

the Armed Forces, or the Supreme Court of the United States.

(f) These rules shall apply to ''senior judges'' as defined by

Article 142(e)(1), UCMJ, 10 USC 942(e)(1) and are promulgated

pursuant to Article 142(e)(5), UCMJ, 10 USC Sec. 942(e)(5).

-SOURCE-

(Added Sept. 29, 1990, eff. Oct. 1, 1990; amended Oct. 12, 1994.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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GENERAL

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Rule 4. Jurisdiction

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

(1) Death sentences. Cases in which the sentence, as affirmed by

a Court of Criminal Appeals, extends to death. See Rule 18(a)(3);

(2) Certified by a Judge Advocate General. Cases reviewed by a

Court of Criminal Appeals, including decisions on appeal by the

United States under Article 62, UCMJ, 10 USC Sec. 862 (1983), or on

application for extraordinary relief filed therein, which a Judge

Advocate General forwards by certificate for review to the Court.

See Rule 18(a)(2);

(3) Petitions by the accused. Cases reviewed by a Court of

Criminal Appeals, including decisions on appeal by the United

States under Article 62, UCMJ, 10 USC Sec. 862 (1983), in which,

upon petition of the accused and on good cause shown, the Court has

granted review. See Rule 18(a)(1).

(b) Extraordinary Writs. (1) The Court may, in its discretion,

entertain original petitions for extraordinary relief including,

but not limited to, writs of mandamus, writs of prohibition, writs

of habeas corpus, and writs of error coram nobis. See 28 USC Sec.

1651(a) and Rules 18(b), 27(a), and 28. Absent good cause, no such

petition shall be filed unless relief has first been sought in the

appropriate Court of Criminal Appeals. Original writs are rarely

granted.

(2) The Court may, in its discretion, entertain a writ appeal

petition to review a decision of a Court of Criminal Appeals on a

petition for extraordinary relief. See Rules 18(a)(4), 19(e),

27(b), and 28.

construed to extend or to limit the jurisdiction of the United

States Court of Appeals for the Armed Forces as established by law.

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(As amended July 19, 1984, eff. Aug. 1, 1984; Oct. 1, 1987; Oct.

12, 1994; Nov. 1, 1995, eff. Nov. 15, 1995.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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Rule 5. Scope of Review

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The Court acts only with respect to the findings and sentence as

approved by reviewing authorities, and as affirmed or set aside as

incorrect in law by a Court of Criminal Appeals, except insofar as

it may take action on a certificate for review or a petition for

review of a decision by a Court of Criminal Appeals on appeal by

the United States under Article 62, UCMJ, 10 USC Sec. 862 (1983),

or to grant extraordinary relief in aid of its jurisdiction,

including the exercise of its supervisory powers over the

administration of the Uniform Code of Military Justice. The Court

may specify or act on any issue concerning a matter of law which

materially affects the rights of the parties.

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(As amended Oct. 1, 1987; Oct. 12, 1994.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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Rule 6. Quorum

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(a) A majority of the judges in regular active service authorized

to constitute the United States Court of Appeals for the Armed

Forces shall constitute a quorum. The concurrence of the majority

of such judges, whether present and voting or voting telephonically

or electronically, shall be required for a final resolution of any

matter before the Court, subject to subsections (b), (c), and (d).

In the event there are fewer than three active judges, such active

judges shall constitute a quorum. See Article 144, UCMJ, 10 USC

Sec. 944.

(b) The Chief Judge, or the judge performing the duties of the

Chief Judge, shall have the authority to issue temporary orders or

stays pending the convening of a quorum. See Rules 15(f) and

27(a)(4).

day to day. See Rule 9(d).

(d) In the event a senior judge is recalled under Article 142(e),

UCMJ, 10 USC Sec. 942(e), or an Article III judge is designated

under Article 142(f), UCMJ, 10 USC Sec. 942(f), to sit on the

Court, such judge shall be deemed to be a judge in regular active

service under this rule with respect to those matters over which

that judge has been recalled or designated to serve. To the extent

that a judge in regular active service has been replaced under any

circumstance set forth in Article 142(e)(1)(A)(i), (ii), or (iii),

10 USC Sec. 942(e)(1)(A)(i), (ii), or (iii), that judge shall not

be included in the constitution of a quorum under this rule.

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(Interim change May 11, 1994; amended Oct. 12, 1994; Nov. 1, 1995,

eff. Nov. 15, 1995.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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GENERAL

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Rule 7. Process

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All process of the Court, except mandates, shall be in the name

of the United States and shall contain the names and the military

rank or civilian office, if any, of the parties.

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Rule 8. Parties

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(a) The title of any case filed with the Court shall contain the

name, military rank and service number of an accused and, where

appropriate, the official military or civilian title of any named

party who is an agent or officer of the United States acting in

such official capacity. In the case of an appeal taken by the

United States under Article 62, UCMJ, 10 USC Sec. 862 (1983), the

appeal shall be docketed under the same title given to the action

in the court-martial with the accused and the United States

denominated as the sole parties therein.

(b) The party petitioning for grant of review of a decision of a

Court of Criminal Appeals, whether from a decision on appeal by the

United States under Article 62, UCMJ, 10 USC Sec. 862 (1983), or

from a decision affecting the findings or sentence or both of a

court-martial, or from a decision on application for extraordinary

relief, will be deemed to be the appellant. Other named parties

will be deemed to be appellees.

General, the party prevailing below on the certified issues will be

deemed to be the appellee. The other party will be deemed to be

the appellant.

(d) When a mandatory review case is filed, the accused therein

will be deemed to be the appellant. The other party will be deemed

to be the appellee.

(e) If a petition for grant of review or a certificate for review

is filed after an action has been docketed in the same case, the

party on whose behalf relief is sought in the second action will be

deemed to be the appellant or cross-appellant, depending on whether

such party has been deemed to be the appellant or appellee in the

first action. The other party in the second action will be deemed

to be the appellee or cross-appellee in a similar manner.

(f) The party or parties filing a petition for extraordinary

relief with the Court will be deemed the petitioner or

petitioners. All parties to the proceeding below other than the

petitioner or petitioners will be deemed respondents for all

purposes.

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(As amended Oct. 1, 1987; Feb. 27, 1991; Oct. 12, 1994; Mar. 26,

1998, eff. May 1, 1998.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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CLERK'S OFFICE

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CLERK'S OFFICE

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CLERK'S OFFICE

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Rule 9. Clerk

-STATUTE-

(a) Location of office. The Clerk's office shall be located in

the courthouse at 450 E Street, Northwest, Washington, D.C. 20442.

(b) Oath of office. Before entering upon the execution of his

office, the Clerk shall take the oath or affirmation prescribed in

Section 951 of Title 28, United States Code.

the records of the Court and shall not permit any documents

relative to a case to be taken from the courthouse except by order

of a judge of the Court. However, after final action on a case in

which documents containing classified information have been filed

with the Court under Rule 35A, the Clerk shall, as Court Security

Officer, consult with the originating armed service to determine

the appropriate disposition of such documents. See Rule 12.

(d) Disposition of procedural matters. Notwithstanding the

provisions of Rule 6, the Clerk, on behalf of the Court, may

entertain and act on any motion seeking an enlargement of time not

to exceed 30 days, leave to withdraw as counsel, or permission to

file pleadings, or other papers relative to a matter pending before

the Court, provided such motion is not opposed and such action does

not substantially affect the rights of the parties or the ultimate

decision in the case. The order of the Clerk shall be deemed the

order of the Court.

(e) Hours. The Clerk's office shall be open for the filing of

pleadings and other papers from 9:00 a.m. to 5:00 p.m. every day

except Saturdays, Sundays, and legal holidays, or as otherwise

ordered by the Court. See Rule 36(a).

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(As amended Mar. 31, 1994; Jan. 20, 1999, eff. Feb. 1, 1999; Sept.

20, 1999, eff. Oct. 1, 1999.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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CLERK'S OFFICE

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Rule 10. Docket

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

(1) a regular docket for cases subject to mandatory review,

petitions to review convictions or sentences affirmed by a Court of

Criminal Appeals, and certificates for review of final decisions in

a Court of Criminal Appeals;

(2) a miscellaneous docket for petitions for grant of review and

certificates for review of decisions by a Court of Criminal Appeals

on appeal by the United States under Article 62, UCMJ, 10 USC Sec.

862 (1983), petitions for extraordinary relief, writ appeal

petitions, and certificates for review of decisions on application

for extraordinary relief in a Court of Criminal Appeals; and

(3) a special docket of the matters arising under Rule 15

concerning complaints of unprofessional conduct against a member of

the Bar of this Court.

The receipt of all pleadings or other papers filed, and any

action by the Court relative to a case, will be entered in the

appropriate docket. Entries in each docket will show the date, the

nature of each pleading or other paper filed, and the substance of

any action by the Court. From time to time, the Clerk shall, under

the general direction of the Court, determine the appropriate

manner for keeping and preserving the dockets.

(b) Docket number. In a mandatory review case, a docket number

will be assigned upon receipt of the record from the Judge Advocate

General. In all other cases, a docket number will be assigned upon

receipt of the initial pleading. All pleadings or other papers

subsequently filed in the case will bear the assigned docket

number.

Judge Advocate General and all parties of the receipt and docketing

of a case and the docket number assigned. In the case of a

petition for extraordinary relief, the Clerk shall also notify all

named respondents of the petition's receipt and docketing.

(d) Entry of judgment. The Clerk shall prepare, sign, date and

enter the judgment immediately upon the filing of the opinion of

the Court. If a judgment is rendered without an opinion, the Clerk

shall prepare, sign, date and enter such judgment in an order

following instruction from the Court. The Clerk shall, on the date

a judgment is entered, distribute to all parties and the Judge

Advocate General of the service in which the case arose a copy of

the judgment and opinion, if any, or of the order if no opinion was

written. See Rule 43.

-SOURCE-

(As amended Oct. 1, 1987; Oct. 12, 1994; Mar. 26, 1998, eff. May

1, 1998.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 11 01/06/03

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UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

CLERK'S OFFICE

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Rule 11. Calendar

-STATUTE-

(a) The Clerk shall prepare a calendar, consisting of the cases

that have become or will be available for hearing, which shall be

arranged in the first instance in the chronological order in which

petitions for grant of review have been granted or certified

questions and mandatory appeals have been filed with the Court. The

arrangement of cases on the calendar shall be subject to

modification in light of the availability of pleadings, extensions

of time to file briefs, and orders to advance or specially set

cases for hearing.

(b) The Clerk shall periodically publish hearing lists in advance

of each Court session for the convenience of counsel and the

information of the public.

present in Court. See Rule 40(b)(1).

(d) Cases may be advanced or postponed by order of the Court,

upon motion duly made showing good cause therefor, or on the

Court's own motion. See Rule 40(b).

(e) Two or more cases involving the same question may, on the

Court's own order or by special permission, be heard together as

one case or on such terms as may be prescribed.

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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CLERK'S OFFICE

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Rule 12. Cases Involving Classified Information

-STATUTE-

(a) Court Security Officer. The Clerk shall serve as the Court

Security Officer for the purposes of providing for the protection

of classified information, and may designate such assistants as are

appropriate for such purposes.

(b) Classified documents. Documents containing classified

information will be stored and safeguarded by the Court Security

Officer in accordance with the Department of Defense Information

Security Program Regulation (DOD Regulation 5200.1-R) or the

Security Procedures Established by the Chief Justice of the United

States pursuant to Pub. L. 96-456, 94 Stat. 2025, as appropriate.

See Rules 9(c) and 35A.

the staff of the Court will be obtained by the Court Security

Officer in accordance with the Department of Defense Information

Security Program Regulation.

-SOURCE-

(As amended Jan. 20, 1999, eff. Feb. 1, 1999.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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ATTORNEYS

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ATTORNEYS

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

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ATTORNEYS

-HEAD-

Rule 13. Qualifications to Practice

-STATUTE-

(a) No attorney shall practice before this Court unless the

attorney has been admitted to the bar of this Court or is appearing

pro hac vice by leave of the Court. See Rule 38(b).

(b) It shall be a requisite to the admission of attorneys to the

Bar of this Court that they be a member of the Bar of a Federal

court or of the highest court of a State, Territory, Commonwealth,

or Possession, and that their private and professional character

shall appear to be good.

admission on the form prescribed by the Court, together with an

application fee in an amount prescribed by Court order and a

certificate from the presiding judge, clerk, or other appropriate

officer of a court specified in (b) above, or from any other

appropriate official from the Bar of such court, that the applicant

is a member of the Bar in good standing and that such applicant's

private and professional character appear to be good. The

certificate of good standing must be an original and must be dated

within one year of the date of the application.

(d) If the documents submitted demonstrate that the applicant

possesses the necessary qualifications, the Clerk shall so notify

the applicant and he or she may be admitted without appearing in

Court by subscribing a written oath or affirmation. However, if

the applicant so elects, the admission may be on oral motion by a

member of the Bar of this Court in open court. Upon admission, the

Clerk shall issue to the attorney a wallet-size admission card and

a large certificate of admission suitable for framing.

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

affirmation:

''I * * *, do solemnly swear (or affirm) that I will support

the Constitution of the United States, and that I will conduct

myself, as an attorney and counselor of this Court, uprightly and

according to law. So help me God.''

(f) Admissions will be granted on motion of the Court or upon

oral motion by a person admitted to practice before the Court.

Special admissions may be held by order of the Court.

-SOURCE-

(As amended July 16, 1990, eff. Aug. 15, 1990; Aug. 15, 1991,

eff. Oct. 1, 1991; Oct. 22, 2001, eff. Nov. 1, 2001.)

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10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 13A 01/06/03

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UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

ATTORNEYS

-HEAD-

Rule 13A. Student Practice Rule

-STATUTE-

(a) Appearance by Law Student. With leave of this Court, an

eligible law student acting under a supervising attorney may appear

in a particular case, except a case in which any party is under or

is potentially subject to a sentence of death, on behalf of any

party, including the United States, provided that the student and

supervising attorney comply with the provisions of this rule.

(b) Eligibility of Student. To be eligible to appear and

participate in any case, a law student must:

(1) be a student in good standing in a law school approved by the

American Bar Association, or be a recent graduate of such school

awaiting the result of a state bar examination;

(2) have completed legal studies amounting to at least four

semesters, or the equivalent if the school is on some basis other

than a 3 year, 6 semester basis;

(3) have completed and received a passing grade in courses in

criminal procedure and criminal law;

(4) neither ask for nor receive any compensation or remuneration

of any kind from the person on whose behalf the services are

rendered; and

(5) be familiar with the Uniform Code of Military Justice and the

rules of this Court.

must:

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

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

(3) have been admitted to practice for a minimum of two years and

have appeared and argued in at least one case before this Court or

appeared and argued in at least three cases before state or Federal

appellate courts;

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

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

Court;

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

(7) assume personal professional responsibility for the student's

work in matters before this Court;

(8) be responsible to supplement the oral or written work of the

student as necessary to ensure proper representation of the client;

(9) guide and assist the student in preparation to the extent

necessary or appropriate under the circumstances;

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

(11) neither ask for nor receive any compensation or remuneration

of any kind from the person on whose behalf the services are

rendered.

(d) Authorization and Certification. (1) The party on whose

behalf the student appears must consent to the representation by

that student in writing.

(2) The supervising attorney must indicate in writing approval of

the appearance by the law student and consent to supervise the law

student.

(3) The law student must be certified by the dean of the

student's law school as being of good character and competent legal

ability.

(4) Before commencing student representation in any case under

this rule, the supervising attorney shall file a motion for leave

to allow student representation in such case. The motion should

put forth that the provisions of this rule have been met and that

in counsel's view the case is an appropriate one for student

representation. The written consent, approval and certification

referred to above shall be attached to the motion. A copy of the

motion shall be served on opposing counsel, but no answer will be

allowed except with leave of the Court. Once these documents are

filed, the Court will decide, using its discretion on a

case-by-case basis, whether to allow the student representation.

(e) Activities. Upon fulfilling the requirements of this rule,

the student may enter an appearance in a case and:

(1) assist in the preparation of briefs and other documents to be

filed in this Court, but such briefs or documents must also be

signed by the supervising attorney;

(2) participate in oral argument, but only in the presence of the

supervising attorney; and

(3) take part in other activities in connection with the case,

subject to the direction of the supervising attorney.

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

(1) shall remain in effect, unless sooner withdrawn, until the

publication of the results of the first bar examination taken by

such student following the student's graduation. For any student

who passes that examination the certification shall continue in

effect until the date the student is admitted to the bar;

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

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

(g) Exceptions. (1) This rule does not apply to an appearance or

an oral argument by a law student on behalf of an amicus curiae.

(2) Nothing in this rule shall preclude the Government or any

agency, firm, or organization from compensating a law student for

services rendered under such rule.

(3) The Court retains the authority, on good cause shown, to

establish exceptions to these procedures in any case. See Rule 33.

-SOURCE-

(Added Nov. 1, 1995, eff. Nov. 15, 1995.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 14 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

ATTORNEYS

-HEAD-

Rule 14. Honorary Membership

-STATUTE-

Honorary membership in the Bar of the Court may be granted from

time to time to distinguished members of the legal profession of

other nations who are knowledgeable in the fields of military

justice or the law of war. A candidate for honorary membership

will be presented at the Bar in person after the nomination has

previously been approved by the Court. A certificate of honorary

membership in the Bar will be presented to the person so honored.

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 15 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

ATTORNEYS

-HEAD-

Rule 15. Disciplinary Action

-STATUTE-

(a) The Model Rules of Professional Conduct of the American Bar

Association are hereby adopted as the rules of conduct for members

of the Bar of this Court. After notice, investigation, and hearing

as provided in this rule, the Court may take any disciplinary

action it deems appropriate for failure to comply with the Model

Rules of Professional Conduct.

(b) For purposes of this rule, the Court shall appoint an

Investigations Committee consisting of five members of the Bar of

this Court who shall be appointed for a period of three years. The

Investigations Committee shall consider such complaints as may be

referred to it for investigation, including the taking of evidence,

and shall submit a report of such investigation to the Court.

of unprofessional conduct against a member of its Bar, the Court

will cause a copy thereof to be served by certified mail, return

receipt requested, on the attorney thus accused. The Clerk will,

in addition, acknowledge by letter, to the person filing such

complaint, the receipt thereof. The accused attorney will answer

the complaint by filing a formal pleading responsive to each

allegation of misconduct within 30 days of receipt of the

complaint, but extensions of time may be granted by order of the

Court on the accused attorney's application. A complaint will be

docketed only if the Court makes a preliminary determination that

it is not frivolous.

(d) On consideration of the complaint and answer, and if it

believes a substantial basis exists for the complaint, the Court

will refer the matter to its Investigations Committee for

consideration under subsection (b). Otherwise, the Court will

dismiss the complaint. Any such investigation will be held

privately, unless the accused attorney requests that it be opened

to the public.

(e) On receiving the report of the Investigations Committee, the

Court may dismiss the complaint or order the matter set down for

hearing, giving due notice to the accused attorney. At the

hearing, the accused attorney will be given opportunity to present

such matters relevant to the complaint as he or she deems

appropriate and to examine any witnesses against such attorney.

All documents received in connection with a complaint under this

rule shall be furnished to the accused attorney. A majority vote

of the Court is necessary to find an attorney guilty of

unprofessional conduct and to fix any penalty.

(f)(1) When it is shown to the Court that any member of its Bar

has been disbarred or suspended from practice by any court, such

member will be forthwith called upon to show cause within 30 days

why similar action should not be taken by this Court. Upon the

filing of the member's answer to an order to show cause, or upon

expiration of 30 days if no answer is filed, the Court will enter

an appropriate order; but no order of disbarment or suspension will

be entered except with the concurrence of a majority of the judges

participating.

(2) When it has been shown to the Court that a member of the Bar

of the Court has been convicted by court-martial or by other court

of competent jurisdiction of conduct which evidences a failure to

comply with the Model Rules of Professional Conduct and such

conviction has become final, the Court may, in lieu of the

complaint and investigative procedures set forth in subsections (b)

through (e), initiate a disciplinary action under this rule by

issuance of an order to such person to show cause why the person

should not be disbarred. Upon the filing of the member's answer to

an order to show cause, or upon expiration of 30 days if no answer

is filed, the Court will set the matter for hearing, giving the

member due notice thereof, or enter such other order as may be

deemed appropriate; but no order of disbarment or suspension will

be entered except with the concurrence of a majority of the judges

participating.

(g) Penalties for unprofessional conduct may extend to reprimand,

suspension, or disbarment.

(h) Except for an order of reprimand, suspension or disbarment,

no papers, pleadings or other information relative to a complaint

in a disciplinary proceeding will be published or released to the

public without prior approval of the Court. The docket of matters

arising under this rule shall not be available to the public.

-SOURCE-

(As amended July 16, 1990, eff. Aug. 15, 1990; Mar. 26, 1998,

eff. May 1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 16 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

ATTORNEYS

-HEAD-

Rule 16. Entry of Appearance and Withdrawal by Counsel

-STATUTE-

(a) Counsel shall enter an appearance in writing before

participating in the representation of a party to an action before

the Court; however, the filing of any pleading or other paper

relative to a case which contains the signature of counsel shall

constitute such an entry of appearance. See Rules 13(a) and 38.

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

appearance under subsection (a) must be requested by motion in

accordance with Rule 30. A motion by an appellate defense counsel

must indicate the reasons for the withdrawal and the provisions

which have been made for continued representation of the accused.

A copy of a motion filed by an appellate defense counsel shall be

delivered or mailed to the accused by the moving counsel.

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 17 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

ATTORNEYS

-HEAD-

Rule 17. Assignment of Counsel

-STATUTE-

Upon receipt of a notice of the docketing of a case issued under

Rule 10(c), the appropriate Judge Advocate General shall designate

appellate military counsel to represent the parties, unless such

counsel have previously been designated. In a case involving a

petition for extraordinary relief wherein an accused has been

denominated as the real party in interest by a filing party or has

been so designated by the Court, the Judge Advocate General shall

also designate appellate military counsel to represent such

accused.

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES APPEALS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

APPEALS

-HEAD-

APPEALS

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 18 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

APPEALS

-HEAD-

Rule 18. Methods of Appeal

-STATUTE-

(a) The Court will entertain the following appeals:

(1) Cases under Article 67(a)(3). Cases under Article 67(a)(3),

UCMJ, 10 USC Sec. 867(a)(3) (1989), including decisions by a Court

of Criminal Appeals on appeal by the United States under Article

62, UCMJ, 10 USC Sec. 862 (1983), may be appealed by the filing of

a petition for grant of review by an appellant or by counsel on

behalf of an appellant substantially in the form provided in Rule

20(a) or (b).

(2) Cases under Article 67(a)(2). Cases under Article 67(a)(2),

UCMJ, 10 USC Sec. 867(a)(2) (1989), including decisions by a Court

of Criminal Appeals on appeal by the United States under Article

62, UCMJ, 10 USC Sec. 862 (1983), which are forwarded by a Judge

Advocate General by a certificate for review must be substantially

in the form provided in Rule 22(a).

(3) Cases under Article 67(a)(1). Cases under Article 67(a)(1),

UCMJ, 10 USC Sec. 867(a)(1) (1989), will be forwarded by a Judge

Advocate General by the filing of the record with the Court,

together with the form prescribed by Rule 23(a).

(4) Cases under Rule 4(b)(2). Decisions by a Court of Criminal

Appeals on petitions for extraordinary relief may be appealed by

filing a writ appeal petition in accordance with Rules 27(b) and

28.

(b) In addition, the Court may, in its discretion, entertain

petitions for extraordinary relief including, but not limited to,

writs of mandamus, writs of prohibition, writs of habeas corpus,

and writs of error coram nobis. See Rules 4(b)(1), 27(a) and 28.

-SOURCE-

(As amended Oct. 1, 1987; Oct. 12, 1994; Mar. 26, 1998, eff. May

1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 19 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

APPEALS

-HEAD-

Rule 19. Time Limits

-STATUTE-

(a) Petition for grant of review/supplement/answer/reply. (1) A

petition for grant of review shall be filed no later than 60 days

from the earlier of:

(A) the date on which the appellant is notified of the decision

of the Court of Criminal Appeals; or

(B) the date on which a copy of the decision of the Court of

Criminal Appeals, after being served on appellate counsel of

record for the appellant (if any), is deposited in the United

States mails for delivery by first-class certified mail to the

appellant at an address provided by the appellant or, if no such

address has been provided by the appellant, at the latest address

listed for the appellant in his official service record. Under

circumstances where certified mail is not available, registered

mail may be used. See Article 67(b), UCMJ, 10 USC Sec. 867(b)

(1989).

(2) A certificate of notification shall be placed in the

appellant's record of trial setting forth the manner and date that

the appellant was notified of the decision of the Court of Criminal

Appeals or the date that a copy of such decision was mailed to the

appellant after service of a copy of such decision on appellate

defense counsel of record.

(3) For purposes of this rule, a petition for grant of review

will be deemed to have been filed on the date when the petition has

been mailed or delivered by an appellant or by counsel on behalf of

an appellant directly to the Court.

(4) Any petition for grant of review received from an appellant

or counsel on behalf of an appellant shall, upon receipt, be

accepted and docketed by the Clerk. If it appears that such

petition is not in accord with Article 67, UCMJ, 10 USC Sec. 867

(1989), or with the Court's rules, the United States may move to

dismiss such petition.

(5)(A) Article 62, UCMJ, appeals. In cases involving a decision

by a Court of Criminal Appeals on appeal by the United States under

Article 62, UCMJ, 10 USC Sec. 862 (1983), a supplement to the

petition establishing good cause in accordance with Rule 21 shall

be filed no later than 20 days after the issuance by the Clerk of a

notice of docketing of such a petition for grant of review. See

Rule 10(c). An appellee's answer to the supplement to the petition

for grant of review shall be filed no later than 10 days after the

filing of such supplement. A reply may be filed by the appellant

no later than 5 days after the filing of the appellee's answer.

(B) Other appeals. In all other appeal cases, a supplement to

the petition establishing good cause in accordance with Rule 21

shall be filed no later than 30 days after the issuance by the

Clerk of a notice of docketing of a petition for grant of review.

See Rule 10(c). An appellee's answer to the supplement to the

petition for grant of review may be filed no later than 30 days

after the filing of such supplement. See Rule 21(e). A reply may

be filed by the appellant no later than 10 days after the filing of

the appellee's answer.

(6) The Court shall act promptly on a petition for grant of

review. See Article 67(b), UCMJ, 10 USC Sec. 867(b) (1989).

(7) Granted petitions. (A) Article 62, UCMJ, appeals. Where a

petition has been granted in a case involving a decision by a Court

of Criminal Appeals on appeal by the United States under Article

62, UCMJ, 10 USC Sec. 862 (1983), no further pleadings will be

filed and the Court will, whenever practicable, give priority to

such cases.

(B) Other appeals. Where a petition has been granted in all

other appeal cases and briefs have been ordered, an appellant's

brief shall be filed in accordance with Rule 24 no later than 30

days after the date of the order granting the petition. An

appellee's answer shall be filed no later than 30 days after the

filing of an appellant's brief. A reply may be filed by the

appellant no later than 10 days after the filing of the appellee's

answer.

(b) Certificate for review/brief/answer/reply. (1) Article 62,

UCMJ, cases. In cases involving a decision by a Court of Criminal

Appeals on appeal by the United States under Article 62, UCMJ, 10

USC Sec. 862 (1983), a certificate for review, together with a

supporting brief in accordance with Rule 24 on behalf of the

appellant, shall be filed with the Court by the Judge Advocate

General no later than 30 days after the date of the decision of the

Court of Criminal Appeals. See Rules 22 and 34(a). An appellee's

answer shall be filed no later than 10 days after the filing of

such certificate for review and supporting brief. A reply may be

filed by the appellant no later than 5 days after the filing of the

appellee's answer.

(2) Extraordinary relief cases. In cases involving a decision by

a Court of Criminal Appeals on application for extraordinary relief

filed therein, a certificate for review, together with a supporting

brief in accordance with Rule 24 on behalf of the appellant, shall

be filed with the Court by the Judge Advocate General no later than

30 days after the date of the decision of the Court of Criminal

Appeals. See Rules 22 and 34(a). An appellee's answer shall be

filed no later than 10 days after the filing of such certificate

for review and supporting brief. A reply may be filed by the

appellant no later than 5 days after the filing of the appellee's

answer.

(3) Other cases. In all other cases involving a decision by a

Court of Criminal Appeals, a certificate for review filed by the

Judge Advocate General shall be filed no later than 30 days after

the date of the decision of the Court of Criminal Appeals. See

Rules 22 and 34(a). An appellant's brief shall be filed in

accordance with Rule 24 no later than 30 days after the issuance by

the Clerk of a notice of docketing of the certificate for review.

An appellee's answer shall be filed no later than 30 days after the

filing of an appellant's brief. A reply may be filed by the

appellant no later than 10 days after the filing of the appellee's

answer.

shall be filed with the Court by the Judge Advocate General,

together with the form prescribed by Rule 23(a), upon the

expiration of the time for filing a petition for reconsideration of

the decision of the Court of Criminal Appeals or, in the event of

the filing of such petition, upon the final disposition thereof. A

brief setting forth assigned errors shall be filed by the appellant

in accordance with Rule 24 no later than 60 days after the issuance

by the Clerk of a notice of docketing of the case. An appellee's

answer shall be filed no later than 60 days after the filing of the

appellant's brief. A reply may be filed by the appellant no later

than 20 days after the filing of the appellee's answer.

(d) Petition for extraordinary relief. A petition for

extraordinary relief under Rule 4(b)(1) shall be filed as soon as

possible but, in any event, no later than 20 days after the

petitioner learns of the action complained of. However, a petition

for a writ of habeas corpus or writ of error coram nobis may be

filed at any time. See Rules 27(a) and 28. The Court will,

whenever practicable, give priority to such cases.

(e) Writ appeal petition. A writ appeal petition under Rule

4(b)(2) for review of a decision by a Court of Criminal Appeals

acting on a petition for extraordinary relief shall be filed no

later than 20 days after the date the decision of the Court of

Criminal Appeals is served on the appellant or appellant's

counsel. An appellee's answer shall be filed no later than 10 days

after the filing of the writ appeal petition. A reply may be filed

by the appellant no later than 5 days after the filing of the

appellee's answer. See Rules 27(b) and 28. The Court will,

whenever practicable, give priority to such cases.

(f) Petition for new trial. When a petition for new trial has

been filed with the Court in a case pending before the Court, a

brief in support thereof, unless expressly incorporated in the

petition, shall be filed no later than 30 days after the issuance

by the Clerk of a notice of the filing of the petition. An

appellee's answer shall be filed no later than 30 days after the

filing of an appellant's brief. A reply may be filed no later than

10 days after the filing of the appellee's answer. See Rule 29.

-SOURCE-

(As amended Oct. 1, 1987; Oct. 12, 1994; Nov. 1, 1995, eff. Nov.

15, 1995; Mar. 26, 1998, eff. May 1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 20 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

APPEALS

-HEAD-

Rule 20. Form of Petition for Grant of Review

-STATUTE-

(a) Form to be used by an appellant. A petition for grant of

review under Rule 18(a)(1) filed personally by an appellant will be

substantially in the following form:

<img src="http://uscode.house.gov/code03/images/10ar20.gif"

width="576" height="236" alt="Caption">

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES:

1. I hereby petition the Court for review of the decision of the

Court of Criminal Appeals (on appeal by the United States under

Article 62, Uniform Code of Military Justice, 10 USC Sec. 862

(1983)) (on appeal under Article 66, Uniform Code of Military

Justice, 10 USC Sec. 866).

2. I understand that, unless I specifically request the contrary,

a military lawyer will be designated by the Judge Advocate General

to represent me free of charge before the U.S. Court of Appeals for

the Armed Forces.

SIGNED: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Put your signature here)

DATED: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Put mailing date here)

MAIL TO:

U.S. Court of Appeals for the

Armed Forces

450 E Street N.W.

Washington, D.C. 20442-0001

(b) Form to be used by an appellant's counsel. A petition for

grant of review under Rule 18(a)(1) filed by counsel on behalf of

an appellant will be substantially in the following form:

<img src="http://uscode.house.gov/code03/images/10ar20.gif"

width="576" height="236" alt="Caption">

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES:

The undersigned counsel, on behalf of (insert appellant's full

name here), hereby petitions the United States Court of Appeals for

the Armed Forces for a grant of review of the decision of the Court

of Criminal Appeals (on appeal by the United States under Article

62, Uniform Code of Military Justice, 10 USC Sec. 862 (1983)) (on

appeal under Article 66, Uniform Code of Military Justice, 10 USC

Sec. 866), pursuant to the provisions of Article 67(a)(3), Uniform

Code of Military Justice, 10 USC Sec. 867(a)(3) (1989).

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Signature of counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Typed name of counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Address of counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Telephone no. of counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(E-mail address, if any)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Date and manner of filing - see Rules 36 and 39))

a petition for grant of review in the manner and within the time

limits set forth in Rule 19(a). Upon receipt, the Clerk shall stamp

the petition indicating the date it was received and, if filed by

mail under Rule 36(c), shall retain the envelope showing the

postmark thereon.

(d) When a petition for grant of review is filed with the Court,

the Clerk will cause a copy thereof to be delivered to the Judge

Advocate General of the appellant's service, to the appellant's

counsel, if named in the petition, and to government counsel. Upon

receipt of a copy of the petition from the Clerk, the Judge

Advocate General shall designate counsel to represent the parties

unless such parties are already represented by counsel. See Rule

17.

(e) Upon issuance by the Clerk under Rule 10(c) of a notice of

docketing of a petition for grant of review, counsel for the

appellant shall file a supplement to the petition in accordance

with the applicable time limit set forth in Rule 19(a)(5)(A) or

(B), and the provisions of Rule 21.

-SOURCE-

(As amended Oct. 1, 1987; Oct. 12, 1994; Feb. 27, 1996; Oct. 22,

2001, eff. Nov. 1, 2001.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 21 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

APPEALS

-HEAD-

Rule 21. Supplement to Petition for Grant of Review

-STATUTE-

(a) Review on petition for grant of review requires a showing of

good cause. Good cause must be shown by the appellant in the

supplement to the petition, which shall state with particularity

the error(s) claimed to be materially prejudicial to the

substantial rights of the appellant. See Article 59(a), UCMJ, 10

USC Sec. 859(a).

(b) The supplement to the petition shall be filed in accordance

with the applicable time limit set forth in Rule 19(a)(5)(A) or

(B), shall include an Appendix required by Rule 24(a), shall

conform to the provisions of Rules 24(b), 35A, and 37, and shall

contain:

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

(2) A statement of statutory jurisdiction, including:

(A) the statutory basis of the Court of Criminal Appeals

jurisdiction;

(B) the statutory basis upon which this Court's jurisdiction is

invoked;

(3) A statement of the case setting forth a concise chronology,

including all relevant dates. The chronology shall specify: (A)

the results of the trial; (B) the actions of the intermediate

reviewing authorities and the Court of Criminal Appeals; (C) the

disposition of a petition for reconsideration or rehearing, if

filed; and (D) any other pertinent information regarding the

proceedings, (including, if set forth in the record, the date when

service upon the accused of the decision of the Court of Criminal

Appeals was effected.);

(4) A statement of facts of the case material to the errors

assigned, including specific page references to each relevant

portion of the record of trial;

(5) A direct and concise argument showing why there is good cause

to grant the petition, demonstrating with particularity why the

errors assigned are materially prejudicial to the substantial

rights of the appellant. Where applicable, the supplement to the

petition shall also indicate whether the court below has:

(A) decided a question of law which has not been, but should

be, settled by this Court;

(B) decided a question of law in a way in conflict with

applicable decisions of (i) this Court, (ii) the Supreme Court of

the United States, (iii) another Court of Criminal Appeals, or

(iv) another panel of the same Court of Criminal Appeals;

generally recognized in the trial of criminal cases in the United

States district courts;

(D) decided the validity of a provision of the UCMJ or other

act of Congress, the Manual for Courts-Martial, a service

regulation, a rule of court or a custom of the service the

validity of which was directly drawn into question in that court;

(E) decided the case (i) en banc or (ii) by divided vote;

(F) so far departed from the accepted and usual course of

judicial proceedings, or so far sanctioned such a departure by a

court-martial or other person acting under the authority of the

UCMJ, as to call for an exercise of this Court's power of

supervision; or

(G) taken inadequate corrective action after remand by the

Court subsequent to grant of an earlier petition in the same case

and that appellant wishes to seek review from the Supreme Court

of the United States; and

(6) A certificate of filing and service in accordance with Rule

39(e).

(c)(1) Answer/reply in Article 62, UCMJ, appeals. An appellee's

answer to the supplement to the petition for grant of review in an

Article 62, UCMJ, 10 USC Sec. 862 (1983), case shall be filed no

later than 10 days after the filing of such supplement. A reply

may be filed by the appellant no later than 5 days after the filing

of the appellee's answer.

(2) Answer/reply in other appeals. An appellee's answer to the

supplement to the petition for grant of review in all other appeal

cases may be filed no later than 30 days after the filing of such

supplement, see Rule 21(e); as a discretionary alternative in the

event a formal answer is deemed unwarranted, an appellee may file

with the Clerk of the Court a short letter, within 10 days after

the filing of the appellant's supplement to the petition under Rule

21, setting forth one of the following alternative positions: (i)

that the United States submits a general opposition to the assigned

error(s) of law and relies on its brief filed with the Court of

Criminal Appeals; or (ii) that the United States does not oppose

the granting of the petition (for some specific reason, such as an

error involving an unsettled area of the law). A reply may be

filed by the appellant no later than 10 days after the filing of

the appellee's answer.

(d) The Court may, in its discretion, examine the record in any

case for the purpose of determining whether there appears to be

plain error not assigned by the appellant. The Court may then

specify and grant review of any such errors as well as any assigned

errors which merit review.

(e) Where no specific errors are assigned in the supplement to

the petition, the Court will proceed to review the petition without

awaiting an answer thereto. See Rule 19(a)(5).

(f) An appellant or counsel for an appellant may move to withdraw

his petition at any time. See Rule 30.

-SOURCE-

(As amended Oct. 1, 1987; July 16, 1990, eff. Aug. 15, 1990; Oct.

12, 1994; Jan. 20, 1999, eff. Feb. 1, 1999; Oct. 22, 2001, eff.

Nov. 1, 2001.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 22 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

APPEALS

-HEAD-

Rule 22. Certificate for Review

-STATUTE-

(a) A certificate for review under Rule 18(a)(2) will be

substantially in the following form:

<img src="http://uscode.house.gov/code03/images/10ar22.gif"

width="576" height="271" alt="Caption">

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES:

1. Pursuant to Article 67(a)(2) of the Uniform Code of Military

Justice, 10 USC Sec. 867(a)(2) (1989), the record of trial and

decision of the United States _ _ _ _ Court of Criminal Appeals in

the above-entitled case are forwarded for review.

2. The accused has been found guilty by a (type of court-martial)

of a violation of Article(s) _ _ _ of the Uniform Code of Military

Justice and has been sentenced to (include entire adjudged

sentence) on the (insert trial date). The trial took place at

(location). The convening authority approved the following findings

and sentence: _ _ _ _. The officer exercising general court-martial

jurisdiction (where applicable) took the following action: _ _ _ _.

The Court of Criminal Appeals (state action taken). (Substitute

different case history facts as appropriate when the Court of

Criminal Appeals decision involves an application for extraordinary

relief or an appeal by the United States under Article 62, UCMJ, 10

USC Sec. 862 (1983).)

3. It is requested that action be taken with respect to the

following issues:

(SET OUT ISSUES HERE)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The Judge Advocate General

Received a copy of the foregoing Certificate for Review this _ _ _

_ day of _ _ _ _, 19_ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Appellate Government Counsel

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address and telephone no.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Appellate Defense Counsel

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address and telephone no.

(b)(1) Article 62, UCMJ, cases. A certificate for review of a

decision by a Court of Criminal Appeals on appeal by the United

States under Article 62, UCMJ, 10 USC Sec. 862 (1983), shall be

filed, together with a supporting brief in accordance with Rule 24

on behalf of the appellant, no later than 30 days after the date of

the decision of the Court of Criminal Appeals. See Rule 34(a). An

appellee's answer shall be filed no later than 10 days after the

filing of such certificate for review and supporting brief. A

reply may be filed by the appellant no later than 5 days after the

filing of the appellee's answer.

(2) Extraordinary relief cases. A certificate for review of a

decision by a Court of Criminal Appeals on application for

extraordinary relief filed therein shall be filed, together with a

supporting brief in accordance with Rule 24 on behalf of the

appellant, no later than 30 days after the date of the decision of

the Court of Criminal Appeals. See Rule 34(a). An appellee's answer

shall be filed no later than 10 days after the filing of such

certificate for review and supporting brief. A reply may be filed

by the appellant no later than 5 days after the filing of the

appellee's answer.

(3) Other cases. In all other cases involving a decision by a

Court of Criminal Appeals, a certificate for review shall be filed

no later than 30 days after the date of the decision of the Court

of Criminal Appeals. See Rule 34(a). A brief in support of the

certified issues shall be filed by the appellant in accordance with

Rule 24 no later than 30 days after the issuance by the Clerk of a

notice of docketing of the certificate for review. An appellee's

answer shall be filed no later than 30 days after the filing of an

appellant's brief. A reply may be filed by the appellant no later

than 10 days after the filing of the appellee's answer.

-SOURCE-

(As amended Oct. 1, 1987; Oct. 12, 1994; Feb. 27, 1996.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 23 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

APPEALS

-HEAD-

Rule 23. Mandatory Review Case

-STATUTE-

(a) The record in a mandatory review case under Rule 18(a)(3)

will be filed, together with the following form:

<img src="http://uscode.house.gov/code03/images/10ar23.gif"

width="576" height="229" alt="Caption">

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES:

1. The appellant, having an approved sentence to death, is

entitled to mandatory review under Article 67(a)(1) of Uniform Code

of Military Justice, 10 USC Sec. 867(a)(1) (1989).

2. The appellant was notified of the decision of the Court of

Criminal Appeals on (insert notification date).

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The Judge Advocate General

Received a copy of the foregoing this _ _ _ _ day of _ _ _ _, 19_

_. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Appellate Government Counsel

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address and telephone no.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Appellate Defense Counsel

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address and telephone no.

(b) In a mandatory review case, a brief setting forth assigned

errors shall be filed by the appellant in accordance with Rule 24

no later than 60 days after the issuance by the Clerk of a notice

of docketing of the case. Such brief shall not incorporate by

reference that filed before a Court of Criminal Appeals, the

convening authority, or the military judge. An appellee's answer

shall be filed no later than 60 days after the filing of the

assignment of errors and supporting brief. A reply may be filed by

the appellant no later than 20 days after the filing of the

appellee's answer.

-SOURCE-

(As amended July 19, 1984, eff. Aug. 1, 1984; Oct. 12, 1994; Feb.

27, 1996.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES BRIEFS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

BRIEFS

-HEAD-

BRIEFS

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 24 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

BRIEFS

-HEAD-

Rule 24. Form, Content, and Page Limitations

-STATUTE-

(a) Form and content. All briefs shall conform to the printing,

copying, and style requirements of Rule 37, shall be legible, and

shall be substantially as follows:

-MISC1-

IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

<img src="http://uscode.house.gov/code03/images/10ar24.gif"

width="576" height="278" alt="Caption">

INDEX OF BRIEF

(SEE RULE 37(C)(1))

TABLE OF CASES, STATUTES, AND OTHER AUTHORITIES

ISSUE(S) PRESENTED

(Set forth, in a concise statement, each issue granted review by

the Court, raised in the certificate for review or mandatory review

case, or presented in the petition for extraordinary relief, writ

appeal petition, or petition for new trial. Issues presented will

be set forth in upper case letters.)

STATEMENT OF STATUTORY JURISDICTION

(Set forth the statutory basis of the Court of Criminal Appeals

jurisdiction and the statutory basis for this Court's

jurisdiction.)

STATEMENT OF THE CASE

(Set forth a concise chronology, including all relevant dates, to

include: (A) the results of the trial; (B) actions of the

intermediate reviewing authorities and the Court of Criminal

Appeals; (C) the disposition of a petition for reconsideration or

rehearing, if filed; and (D) any other pertinent information

regarding the proceedings, including, where applicable, the date

the petition for review was granted.)

STATEMENT OF FACTS

(Set forth a concise statement of the facts of the case material

to the issue or issues presented, including specific page

references to each relevant portion of the record of trial.

Answers may adopt the appellant's or petitioner's statement of

facts if there is no dispute, may state additional facts, or, if

there is a dispute, may restate the facts as they appear from the

appellee's or respondent's viewpoint. The repetition of

uncontroverted matters is not desired.)

SUMMARY OF ARGUMENT

(Each brief and answer shall contain a summary of argument,

suitably paragraphed to correspond to each issue presented. The

summary should be a succinct but accurate and clear condensation of

the arguments made in the body of the brief.)

ARGUMENT

(Discuss briefly the point of law presented, citing and quoting

such authorities as are deemed pertinent. The argument must also

include for each issue presented a statement of the applicable

standard of review. The standard of review may appear in the

discussion of each issue or under a separate heading.)

CONCLUSION

(State the relief sought as to each issue presented, for example,

reversal of the Court of Criminal Appeals decision and dismissal of

the charges, grant of a new trial, the extraordinary relief sought,

etc. No particular form of language is required, so long as the

brief concludes with a clear prayer for specific Court action.)

APPENDIX

(The brief of the appellant or petitioner shall include an

appendix containing a copy of the Court of Criminal Appeals

decision, unpublished opinions cited in the brief, and relevant

extracts of rules and regulations. The appellee or respondent

shall similarly file an appendix containing a copy of any

additional unpublished opinions and relevant extracts of rules and

regulations cited in the answer.)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Signature of counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Typed name of counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Address of counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Telephone no. of counsel)

CERTIFICATE OF FILING AND SERVICE

I certify that a copy of the foregoing was (mailed) (delivered)

to the Court and (mailed) (delivered) to (enter name of each

counsel of record) on _ _ _. (Date)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Typed name and signature)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Address and telephone no.)

(b) Page limitations. Unless otherwise authorized by order of

the Court or by motion of a party granted by the Court (see Rule

30), the page limitations for briefs filed with the Court, not

including appendices, shall be as follows:

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

pages;

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

pages;

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

pages.

(As amended Oct. 1, 1987; Oct. 30, 1991, eff. Nov. 4, 1991; Mar.

3, 1992, eff. Apr. 1, 1992; Oct. 12, 1994; Feb. 27, 1996; Jan. 12,

1998, eff. Feb. 2, 1998; Jan. 20, 1999, eff. Feb. 1, 1999; Oct.

22, 2001, eff. Nov. 1, 2001.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 25 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

BRIEFS

-HEAD-

Rule 25. When Briefs are Required

-STATUTE-

Unless otherwise ordered by the Court, briefs shall be filed in

all mandatory review cases and in support of all granted petitions,

certificates for review, and petitions for new trial. The

appellee's answer and appellant's reply in any of the foregoing

instances shall also be in the format specified in Rule 24. The

answer and reply to the supplement to a petition for grant of

review shall be in accordance with Rule 21(c).

-SOURCE-

(As amended Mar. 26, 1998, eff. May 1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 26 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

BRIEFS

-HEAD-

Rule 26. Amicus Curiae Briefs

-STATUTE-

(a) A brief of an amicus curiae may be filed (1) by an appellate

government or defense division of an armed service other than that

in which the case has arisen, (2) by invitation of the Court, or

(3) by motion for leave to file granted by the Court.

(b) Unless otherwise ordered by the Court, a brief of an amicus

curiae under subsection (a)(1) of this rule shall be filed no later

than 10 days after the filing of the answer by the appellee or

respondent.

delayed pending action on a motion for leave to file an amicus

curiae brief or a motion of an amicus curiae to participate in a

hearing, or to await the filing of a brief of an amicus curiae

under this rule.

(d) A brief of an amicus curiae shall not exceed 30 pages,

excluding appendices.

(e) A member of the Bar of the Court who represents an amicus

curiae and is authorized to file a brief under paragraph (a) of

this rule may file a motion for leave to have a law student enter

an appearance on behalf of the amicus curiae. To be eligible to

participate under this rule, a law student must be acting under the

attorney's supervision and the attorney and the law student must

substantially comply with the requirements of Rule 13A(b)(1)-(5)

and (c)(1)-(11). Argument by a law student granted permission to

appear on behalf of an amicus curiae may be requested by motion

filed under Rule 30.

-SOURCE-

(As amended Mar. 26, 1998, eff. May 1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES EXTRAORDINARY RELIEF 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

EXTRAORDINARY RELIEF

-HEAD-

EXTRAORDINARY RELIEF

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 27 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

EXTRAORDINARY RELIEF

-HEAD-

Rule 27. Petition for Extraordinary Relief, Writ Appeal Petition,

Answer, and Reply

-STATUTE-

(a) Petition for extraordinary relief.

(1) A petition for extraordinary relief shall be filed within the

time prescribed by Rule 19(d), shall conform in length to Rule

24(b), and, in accordance with Rule 39, be accompanied by proof of

service on all respondents. The petitioner shall also provide a

copy of the petition to any trial or appellate military judge whose

decision, judgment, or order is the subject of the petition.

(2)(A) The petition for extraordinary relief shall be captioned

''In Re (name of petitioner).''

(B) The petition shall contain:

(i) A history of the case including whether prior actions or

requests for the same relief have been filed or are pending in

this or any other forum and the disposition or status thereof;

(ii) the reasons relief has not been sought from the

appropriate Court of Criminal Appeals, if that is the case (see

Rule 4(b)(1));

(iii) the relief sought;

(iv) the issues presented;

(v) the facts necessary to understand the issues presented by

the petition;

(vi) the reasons why the writ should issue; and

(vii) the mailing address, telephone and facsimile telephone

numbers of each respondent.

parts of the record that may be essential to understand the matters

set forth in the petition.

(D) Service on Judge Advocate General. The Clerk shall forward a

copy of the petition to the Judge Advocate General of the service

in which the case arose.

(3) Denial; Order Directing Answer; Briefs; Precedence. (A) The

Court may deny the petition without answer. Otherwise, it may

order the respondent or respondents to answer within a fixed time.

See Rule 28(b)(1). The Court may also take any other action deemed

appropriate, including referring the matter to a special master,

who may be a military judge or other person, to make further

investigation, to take evidence, and to make such recommendations

to the Court as are deemed appropriate. See United States v.

DuBay, 17 USCMA 147 (1967).

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

respondents may answer jointly.

judge whose decision, judgment or order is the subject of the

petition to respond or may invite an amicus curiae to do so. A

trial or appellate military judge may request permission to respond

but may not respond unless invited or ordered to do so by the

Court.

(D) The Court may set the matter for hearing. However, the Court

may grant or deny the relief sought or issue such other order in

the case as the circumstances may require on the basis of the

pleadings alone.

(E) If further briefing or oral argument is required, the Clerk

shall advise the parties and, when appropriate, any judge or judges

or amicus curiae.

(4) Electronic message petitions. The Court will not docket

petitions for extraordinary relief submitted by means of an

electronic message or by facsimile without prior approval of the

Clerk.

(b) Writ appeal petition, answer and reply. A writ appeal

petition for review of a decision by a Court of Criminal Appeals

acting on a petition for extraordinary relief shall be filed by an

appellant, together with any available record, including the items

specified by subsection (a)(2)(C), within the time prescribed by

Rule 19(e), shall be accompanied by proof of service on the

appellee in accordance with Rule 39, and shall contain the

information required by subsection (a)(2)(B). The appellee shall

file an answer no later than 10 days after the filing of the writ

appeal petition. A reply may be filed by the appellant no later

than 5 days after the filing of the appellee's answer. See Rules

28(b)(2) and (c)(2). Upon the filing of pleadings by the parties,

the Court may grant or deny the writ appeal petition or take such

other action as the circumstances may require.

-SOURCE-

(As amended Oct. 12, 1994; Nov. 1, 1995, eff. Nov. 15, 1995; Mar.

26, 1998, eff. May 1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 28 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

EXTRAORDINARY RELIEF

-HEAD-

Rule 28. Form of Petition for Extraordinary Relief, Writ Appeal

Petition, Answer, and Reply

-STATUTE-

(a) Petition/writ appeal petition. A petition for extraordinary

relief or a writ appeal petition for review of a Court of Criminal

Appeals decision on application for extraordinary relief will be

accompanied by any order or opinion or parts of the record that may

be essential to understanding the matters set forth in the

petition, and will be substantially in the following form:

<img src="http://uscode.house.gov/code03/images/10ar28.gif"

width="576" height="539" alt="Caption">

PREAMBLE

The (petitioner) (appellant) hereby prays for an order directing

the (respondent) (appellee) to:

(Briefly state the relief sought.)

HISTORY OF THE CASE

(SEE RULE 27(A)(2)(B)(I))

REASONS RELIEF NOT SOUGHT BELOW

(SEE RULE 27(A)(2)(B)(II))

III

RELIEF SOUGHT

(State with particularity the relief which the petitioner or

appellant seeks to have the Court order.)

ISSUES PRESENTED

(Do not include citations of authority or discussion of

principles. Set forth no more than the full question of law

involved.)

STATEMENT OF FACTS

(SEE RULE 27(A)(2)(B)(V))

REASONS WHY WRIT SHOULD ISSUE

(WHERE APPLICABLE, INDICATE WHY THE COURT OF CRIMINAL APPEALS ERRED

IN ITS DECISION)

VII

RESPONDENTS' ADDRESSES, TELEPHONE, AND FACSIMILE NUMBERS

(SEE RULE 27(A)(2)(B)(VII))

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Signature of (petitioner) (appellant)

(counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address, telephone no., and facsimile no. of

(petitioner) (appellant) (counsel)

CERTIFICATE OF FILING AND SERVICE

I certify that a copy of the foregoing was (mailed) (delivered)

to the Court, (mailed) (delivered) to the (trial or appellate

military judge whose decision, judgment, or order is the subject of

the petition), and (mailed) (delivered) to the (respondent)

(appellee) on _ _ _ _. (Date)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Typed name and signature)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Address and telephone no.)

(b) Answer. (1) The respondent's answer to an order to show

cause, if ordered by the Court after consideration of a petition

for extraordinary relief, shall be in substantially the same form

as that of the petition, except that the answer may incorporate the

petitioner's statement of facts, add supplementary facts, or

contest the statement. To the extent that the petitioner's

statement of facts is not contested by the respondent, it shall be

taken by the Court as representing an accurate declaration of the

basis on which relief is sought. The answer to the order to show

cause will be filed no later than 10 days after service on the

respondent of the order requiring such answer, unless a different

time for filing the answer is specified in the Court's order.

(2) The appellee's answer to a writ appeal petition shall be

filed no later than 10 days after the filing of the appellant's

writ appeal petition.

than 5 days after the filing of a respondent's answer to an order

to show cause.

(2) A reply may be filed by an appellant, in the case of a writ

appeal petition, no later than 5 days after the filing of an

appellee's answer.

-SOURCE-

(As amended Oct. 12, 1994; Feb. 27, 1996; Mar. 26, 1998, eff. May

1, 1998; Apr. 30, 1998, eff. May 1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES PETITIONS FOR NEW TRIAL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PETITIONS FOR NEW TRIAL

-HEAD-

PETITIONS FOR NEW TRIAL

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 29 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PETITIONS FOR NEW TRIAL

-HEAD-

Rule 29. Filing, Notice, and Briefs

-STATUTE-

(a) Filing. A petition for new trial will be filed with the Judge

Advocate General of the service concerned, who, if the case is

pending before this Court, will transmit it, together with seven

copies, to the Clerk's office for filing with the Court.

(b) Notice. Upon receipt of a petition for new trial transmitted

by the Judge Advocate General, the Clerk will notify all counsel of

record of such fact.

unless expressly incorporated in the petition, will be filed

substantially in the form specified in Rule 24 no later than 30

days after the issuance by the Clerk of a notice of the filing of

the petition. An appellee's answer shall be filed no later than 30

days after the filing of an appellant's brief. A reply may be

filed no later than 10 days after the filing of the appellee's

answer.

(d) Special Master. The Court may refer a petition for new trial

to a special master, who may be a military judge or other person,

to make further investigation, to take evidence, and to make such

recommendations to the Court as are deemed appropriate. See United

States v. DuBay, 17 USCMA 147 (1967).

-SOURCE-

(As amended Mar. 31, 1994.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES MOTIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

MOTIONS

-HEAD-

MOTIONS

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 30 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

MOTIONS

-HEAD-

Rule 30. Motions

-STATUTE-

(a) All motions will be filed in writing and will state with

particularity the relief sought, the factual or legal grounds for

requesting such relief, and will include a certificate of filing

and service in accordance with Rule 39(c). A copy will be served on

opposing counsel and others who have entered an appearance in the

proceedings.

(b) An answer to a motion may be filed no later than 5 days after

the filing of the motion.

days after the filing of the answer.

(d) Motions will be separately filed before the Court and shall

not be incorporated in any other pleading.

(e) Once a notice of hearing has been given to counsel for the

parties, motions may not be filed within 5 working days prior to

the date on which such hearing is scheduled except by leave of the

Court and for good cause shown.

(f) Oral motions presented by counsel by leave of the Court

during a hearing shall be forthwith reduced to writing by the

moving counsel and filed with the Court within 3 days after such

hearing.

(g) Notwithstanding any other provision of these rules, the Court

may immediately act on any motion without awaiting an answer or a

reply, if it appears that the relief sought ought to be granted.

Any party adversely affected by such action may request

reconsideration, vacation, or modification of such action.

-SOURCE-

(As amended Nov. 1, 1995, eff. Nov. 15, 1995; Sept. 20, 1999,

eff. Oct. 1, 1999.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES FACT FINDING 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

FACT FINDING

-HEAD-

FACT FINDING

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 30A 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

FACT FINDING

-HEAD-

Rule 30A. Fact Finding

-STATUTE-

(a) General. The Court will normally not consider any facts

outside of the record established at the trial and the Court of

Criminal Appeals.

(b) Judicial notice. In an appropriate case, the Court may take

judicial notice of an indisputable adjudicative fact.

unresolved material fact may affect the Court's resolution of the

case, a party may request, or the Court may sua sponte order, a

remand of the case or the record to the Court of Criminal Appeals.

If the record is remanded, the Court retains jurisdiction over the

case. If the case is remanded, the Court does not retain

jurisdiction, and a new petition for grant of review or certificate

for review will be necessary if a party seeks review of the

proceedings conducted on remand.

(d) Stipulation by the parties. If an issue concerning an

unresolved material fact may affect the Court's resolution of the

case, the parties may stipulate to a factual matter, subject to the

Court's approval.

(e) Other means. Where it is impracticable to remand a case to

the Court of Criminal Appeals, the Court may order other means to

develop relevant facts, including the appointment of a special

master to hold hearings, if necessary, and to make such

recommendations to the Court as are deemed appropriate.

-SOURCE-

(Added May 25, 1999, eff. July 1, 1999.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES RECONSIDERATION 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

RECONSIDERATION

-HEAD-

RECONSIDERATION

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 31 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

RECONSIDERATION

-HEAD-

Rule 31. Petition for Reconsideration

-STATUTE-

(a) A petition for reconsideration may be filed no later than 10

days after the date of any order, decision, or opinion by the

Court.

(b) An answer may be filed by opposing counsel no later than 5

days after the filing of the petition.

5 days after the filing of the answer.

(d) A petition for reconsideration shall be granted with the

concurrence of a majority of the judges who participated in the

original decision.

(e) Consecutive petitions for reconsideration, and any such

petition that is out of time, will not be filed unless accompanied

by a motion for leave to file the same, in accordance with Rule 30,

and unless such motion is granted by the Court.

-SOURCE-

(As amended Nov. 1, 1995, eff. Nov. 15, 1995; Jan. 20, 1999, eff.

Feb. 1, 1999.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 32 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

RECONSIDERATION

-HEAD-

Rule 32. Form of Petition for Reconsideration

-STATUTE-

A petition for reconsideration will be filed in substantially the

following form:

<img src="http://uscode.house.gov/code03/images/10ar32.gif"

width="576" height="298" alt="Caption">

TO THE JUDGES OF THE UNITED STATES COURT OF APPEALS FOR THE ARMED

FORCES:

The Court is requested to reconsider its (opinion) (order)

(decision) in this case for the following reason(s):

(The petition shall state with particularity the points of law or

fact which, in the opinion of the party seeking reconsideration,

the Court has overlooked or misapprehended and shall contain such

argument in support of the petition as the party desires to

present. Petitions are not to contain merely a restatement of

arguments already presented.)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Counsel's typed name and signature)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Counsel's address and telephone no.)

CERTIFICATE OF FILING AND SERVICE

I certify that a copy of the foregoing was (mailed) (delivered)

to the Court and (mailed) (delivered) to the (appellant) (appellee)

(petitioner) (respondent) on _ _ _ _. (Date)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Typed name and signature)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Address and telephone no.)

-SOURCE-

(As amended Oct. 12, 1994; Feb. 27, 1996.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES PRACTICE BEFORE THE COURT 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

PRACTICE BEFORE THE COURT

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 33 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 33. Suspension of Rules

-STATUTE-

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.

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 34 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 34. Computation of Time

-STATUTE-

(a) General. In computing any period of time prescribed or

allowed by these Rules, order of the Court, or any applicable

statute, the day of the act, event, or default after which the

designated period of time begins to run is not to be included. The

last day of the period so computed is to be included unless it is a

Saturday, Sunday, or legal holiday, in which event the period runs

until the end of the next day which is neither a Saturday, Sunday,

nor a holiday. When the period of time prescribed or allowed is

less than 7 days, intervening Saturdays, Sundays, and legal

holidays, will be excluded in the computation. When a period of

time is computed under these rules from the date of the decision of

a Court of Criminal Appeals, such time is to be computed from the

date of such decision unless a petition for reconsideration is

timely filed, in which event the period of time is to be computed

from the date of final action on the petition for reconsideration.

(b) Additional time when service by mail. Whenever a party has

the right or is required to do some act within a prescribed period

after the issuance of an order or the filing of a notice, pleading,

or other paper relative to a case when service thereof is made upon

him by mail, 5 days will be added to the prescribed period if the

party upon whom the service is made is within the limits of the

contiguous 48 States and the District of Columbia, and 15 days will

be added if the party is located outside these limits, including

the States of Alaska and Hawaii. This provision for additional time

shall not apply, however, to the time limitations prescribed in

Rule 19(a)(1) for the filing of a petition for grant of review.

-SOURCE-

(As amended Oct. 1, 1987; Oct. 12, 1994.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 35 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 35. Filing of Record

-STATUTE-

The record shall be filed by the Judge Advocate General as soon

as practicable after the docketing of any action pursuant to Rule

4. See Rule 27(a)(1) and (b).

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 35A 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 35A. Use of Classified Information

-STATUTE-

Classified information shall be included in documents filed with

the Court only when necessary to a proper consideration of the

issues involved. The original or one complete copy of a document

containing the classified information shall be filed with the

Court. The party filing such document shall give written notice to

the Clerk and to all other parties prior to the time of such filing

that such document contains classified information. In addition,

there shall be filed in accordance with Rule 37(b)(2) an original

and seven copies of each such document from which the classified

information has been deleted or omitted in such manner that the

pages which contain the deleted or omitted classified information

are clearly identified.

-SOURCE-

(Added Jan. 20, 1999, eff. Feb. 1, 1999.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 36 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 36. Filing of Pleadings

-STATUTE-

(a) In general. Pleadings or other papers relative to a case

shall be filed in the Clerk's office, 450 E Street, Northwest,

Washington, D.C. 20442-0001, either in person or by mail. See Rule

37(b)(2).

(b) Filing in person. If a pleading or other paper is filed in

person, such filing shall consist of delivery to a member of the

Clerk's office during normal business hours. See Rule 9(e).

mail, such filing shall consist of depositing the pleading or other

paper with the United States Postal Service, with no less than

first-class postage prepaid, properly addressed to the Clerk's

office.

(d) Time of filing. Pleadings or other papers shall be deemed to

have been filed on the date they are delivered to the Clerk's

office under subsection (b) or on the date they are mailed under

subsection (c). See Rules 37(b)(1) and 39(e).

(e) Non-compliant pleadings. If any pleading or other paper is

not filed or offered for filing in compliance with these Rules or

an order of the Court, the Court may issue an order to show cause,

dismiss the proceeding, or return the proffered pleading or paper

on its own motion or the motion of a party. See Rules 27(a)(4) and

37(b)(1).

-SOURCE-

(As amended Sept. 20, 1999, eff. Oct. 1, 1999.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 36A 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 36A. Citations to Supplemental Authorities

-STATUTE-

If pertinent and significant authorities come to a party's

attention after such party has filed a pleading allowed under these

Rules, or after oral argument but before a final decision, the

party may promptly advise the Clerk by letter, with a copy to all

parties, setting forth the citations. The letter must state,

without argument, the reasons for each supplemental citation,

referring either to the page of the earlier filed pleading or to a

point argued orally to which the citation is pertinent. Any

response by other parties must be made promptly and must be

similarly limited. See Rule 37(b)(2).

-SOURCE-

(Added Sept. 20, 1999, eff. Oct. 1, 1999.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 37 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 37. Printing, Copying and Style Requirements

-STATUTE-

(a) Printing. Except for records of trial and as otherwise

provided by Rule 27(a)(4), all pleadings or other papers relative

to a case shall be typewritten and double-spaced, printed on one

side only on white unglazed paper, 8.5 by 11 inches in size,

securely fastened in the top left corner. With the exception of

footnotes which may appear in 11 point type, all printed matter

must appear in nonproportional typeface using 12 point type and

with no more than ten characters per inch. Margins shall not

exceed 6.5 by 9.5 inches, with double-spacing between each line of

text. Headings, footnotes and block quotations may be

single-spaced, but should not be used excessively to avoid page

limit requirements.

(b) Copying.

(1) Copies of typewritten pleadings and papers may include those

produced by any process capable of producing a clearly legible

black image on white paper, but shall not include ordinary carbon

copies. If papers are filed in any other form, the Clerk shall

require the substitution of new copies, but such substitution will

not affect the filing date of the papers or pleadings involved.

See Rule 36.

(2) An original and seven legible copies of all pleadings or

other papers relative to a case shall be filed. See Rule 35A

concerning documents which contain classified information.

(1) All pleadings presented to the Court shall, unless they are

less than 5 pages in length, be preceded by a subject index of the

matter contained therein, with page references, and a table of

cases (alphabetically arranged with citations), textbooks and

statutes cited, with references to the pages where cited.

(2) Citations shall conform with the Uniform System of Citation.

(3) All references to the record of trial shall include page

numbers or exhibit designations, as appropriate.

(4) No pleading or other paper filed with the Court shall

incorporate by reference any material from any other source.

-SOURCE-

(As amended Oct. 30, 1991, eff. Nov. 4, 1991; Jan. 20, 1999, eff.

Feb. 1, 1999.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 38 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 38. Signatures

-STATUTE-

(a) General. Except for documents filed in propria persona and

those provided for in subsection (b), all original pleadings or

other papers filed in a case will bear the signature of at least

one counsel who is a member of this Court's Bar and who is

participating in the case. The name, address, telephone number,

and rank, if any, of the person signing, together with the capacity

in which such counsel signs the paper will be included. This

signature will constitute a certificate that the statements made in

the pleading or paper are true and correct to the best of the

counsel's knowledge, information, or belief, and that the pleading

or paper is filed in good faith and not for the purpose of

unnecessary delay. A counsel who signs a pleading ''for'' some

other counsel whose name is typed under such signature must, in

addition, affix their own signature in a separate signature block

with their own name, address, telephone number, and rank, if any,

typed thereunder.

(b) Exception. If the counsel signing a pleading or paper

presented to the Clerk's office for filing is not a member of the

Bar of this Court, the pleading or paper shall nonetheless be

received as if such counsel were a member. However, within 30 days

of the filing of a pleading, such counsel shall, as a prerequisite

to continuing in the case as counsel of record, apply for admission

to the Bar of this Court or move to appear pro hac vice under Rule

13.

-SOURCE-

(As amended Oct. 1, 1987.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 39 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

PRACTICE BEFORE THE COURT

-HEAD-

Rule 39. Service of Pleadings

-STATUTE-

(a) In general. At or before the filing of any pleading or other

paper relative to a case in the Clerk's office, a copy thereof

shall be served in person or by mail on all counsel of record,

including amicus curiae counsel. See Rule 16(b). When a party is

not represented by counsel, service shall be made on such party in

person or by mail. When reasonable, considering such factors as

the immediacy of the relief sought, distance, and cost, service

must be at least as expeditious as the manner used to file the

pleading or other paper with the Court. See Rule 36.

(b) Personal service. If service is made in person, it shall

consist of delivery at the office of the counsel of record, either

to counsel or to an employee therein. If the party is not

represented, service shall consist of delivery to such party.

consist of depositing the pleading or other paper with the United

States Postal Service, with no less than first-class postage

prepaid, addressed to the counsel of record or, if the party is not

represented, to such party, at the proper post office address.

(d) Certificate for review. In the case of a certificate for

review, service of a copy thereof shall be made on appellate

defense counsel and appellate government counsel as prescribed in

Rule 22(a).

(e) Form of certificate of filing and service. A certificate

indicating the specific manner of filing under Rule 36 and the

specific manner of service under this rule shall be included in any

pleading or other paper substantially in the following form:

CERTIFICATE OF FILING AND SERVICE

I certify that the original and seven copies of the foregoing

were (delivered) (or) (mailed-specify class of mail) to the Court

on _ _(date)_ _ and that a copy of the foregoing was (delivered)

(or) (mailed-specify class of mail) to (enter specific name of each

counsel of record or party, if not represented) on _ _(date)_ _.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Typed name and signature of

certifying person)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Address and telephone no.

of certifying person)

-SOURCE-

(As amended Sept. 20, 1999, eff. Oct. 1, 1999.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES HEARINGS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

HEARINGS

-HEAD-

HEARINGS

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 40 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

HEARINGS

-HEAD-

Rule 40. Hearings

-STATUTE-

(a) Motions, petitions for grant of review, petitions for

extraordinary relief, writ appeal petitions, petitions for new

trial, and petitions for reconsideration. Except when ordered by

the Court, hearings will not be permitted on motions, petitions for

grant of review, petitions for extraordinary relief, writ appeal

petitions, petitions for new trial, or petitions for

reconsideration.

(b) When and how heard. After the case is calendared as provided

in Rule 11 and all required briefs have been filed, a hearing may

be ordered by the Court.

(1) Notice of hearing. The Clerk will give at least 20 days

notice in writing to counsel for the parties of the time and place

for the hearing, unless ordered otherwise by the Court. Upon

receipt of such notice, counsel will notify the Clerk's office of

the identity of the counsel who will present oral argument.

(2) Presentation. Unless directed otherwise by the Clerk, counsel

for the appellant or petitioner will open and close the argument.

When the subject of a hearing is a motion, counsel for the moving

party will be entitled to open and close. When both parties seek

review in this Court, the accused shall be deemed the appellant for

the purpose of this rule. Argument by counsel for an amicus curiae

will be allowed on motion filed under Rule 30.

(3) Time allowed. Each side will normally be allotted 30 minutes

to present oral argument.

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 41 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

HEARINGS

-HEAD-

Rule 41. Photographing, Televising, Recording, or Broadcasting of

Hearings

-STATUTE-

(a) The photographing, televising, recording, or broadcasting of

any session of the Court or other activity relating thereto is

prohibited within the confines of the courthouse unless authorized

by the Court.

(b) Any violation of this rule will be deemed a contempt of this

Court and, after due notice and hearing, may be punished

accordingly. See 18 USC Sec. 401.

-SOURCE-

(As amended Oct. 22, 2001, eff. Nov. 1, 2001.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES OPINIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

OPINIONS

-HEAD-

OPINIONS

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 42 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

OPINIONS

-HEAD-

Rule 42. Filing, Reproduction, and Distribution

-STATUTE-

All opinions of the Court will be filed with the Clerk for

preservation. The reproduction, printing, and distribution of all

opinions will be under the supervision of the Clerk.

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 43 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

OPINIONS

-HEAD-

Rule 43. Entry of Judgment

-STATUTE-

(a) Immediately upon the filing of an opinion of the Court, the

Clerk shall prepare, sign, date and enter the judgment. The

notation of a judgment in the docket constitutes entry of the

judgment. On the date judgment is entered, the Clerk shall

distribute to all parties and the Judge Advocate General of the

service in which the case arose a copy of the opinion and

judgment. See Rule 10(d).

(b) If a judgment is rendered without an opinion, the Clerk shall

prepare, sign, date and enter such judgment in an order following

instruction from the Court. Notation of such order in the docket

constitutes entry of the judgment and the effective date of the

judgment is the date of that order. On the date such order is

entered, the Clerk shall distribute to all parties and the Judge

Advocate General of the service in which the case arose a copy of

the order. See Rule 10(d).

-SOURCE-

(Added Mar. 26, 1998, eff. May 1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 43A 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

OPINIONS

-HEAD-

Rule 43A. Issuance of Mandate

-STATUTE-

(a) The mandate of the Court shall issue 7 days after the

expiration of the time for filing a petition for reconsideration

under Rule 31(a) unless such a petition is filed or the time is

shortened or enlarged by order. A certified dated copy of the

judgment and a copy of the opinion of the Court, if any, shall

constitute the mandate, unless the Court directs that a formal

mandate issue. The timely filing of a petition for reconsideration

shall stay the mandate until disposition of the petition unless

otherwise ordered by the Court. If the petition is denied, the

mandate shall issue 7 days after entry of the order denying the

petition unless the time is shortened or enlarged by order. In any

case, the Court may order the mandate to issue forthwith.

(b) The effective date of any order shall be the date of that

order, and no mandate shall issue. The Clerk shall distribute

copies of all such orders to all parties and the Judge Advocate

General of the service in which the case arose.

-SOURCE-

(Added Mar. 26, 1998, eff. May 1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES JUDICIAL CONFERENCE 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

JUDICIAL CONFERENCE

-HEAD-

JUDICIAL CONFERENCE

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 44 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

JUDICIAL CONFERENCE

-HEAD-

Rule 44. Judicial Conference

-STATUTE-

There shall be held annually, at such time and place as shall be

designated by the Court, a conference for the purpose of

considering the state of business of the Court and advising on ways

and means of improving the administration of military justice.

-SOURCE-

(As amended Oct. 12, 1994; Feb. 27, 1996; Mar. 26, 1998, eff. May

1, 1998.)

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES REVISION OF RULES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

REVISION OF RULES

-HEAD-

REVISION OF RULES

-CITE-

10 USC APPENDIX - RULES OF COURT OF APPEALS FOR THE ARMED

FORCES Rule 45 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

REVISION OF RULES

-HEAD-

Rule 45. Rules Advisory Committee

-STATUTE-

(a) Establishment of committee; membership. A Rules Advisory

Committee is hereby created for this Court. The Committee shall

consist of not less than 9 members of the Bar of this Court and

shall be selected by the Court, in such a way as to represent a

broad cross-section of the legal profession. Representatives from

government, the law schools, and public interest groups shall, when

practicable, be included on the Committee, as shall private

practitioners. The Clerk of the Court shall be a member of the

Committee and shall serve as its Reporter.

(b) Duties of committee. The Rules Advisory Committee appointed

by this Court shall have an advisory role concerning practice and

procedure before the Court. The Committee shall, among other

things, (1) provide a forum for continuous study of the operating

procedures and published rules of the Court; (2) serve as a conduit

between the Bar, the public, and the Court regarding the Rules of

the Court, procedural matters, and suggestions for changes; (3)

draft, consider and recommend rules and amendments to the Court for

adoption; and (4) render reports from time to time, on its own

initiative and on request, to the Court on the activities and

recommendations of the Committee. The Committee shall prepare

appropriate explanatory materials with respect to any rule change

or other recommendation it submits to the Court.

of the Court, the members of the Committee shall serve three-year

terms, which will be staggered in such a way as to enable the Court

to appoint or reappoint one-third of the Committee each year. The

Court shall appoint one of the members of the Committee to serve as

chairman.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

COURTS OF CRIMINAL APPEALS

-MISC1-

RULES OF PRACTICE AND PROCEDURE

(EFFECTIVE MAY 1, 1996, AS AMENDED TO JANUARY 6, 2003)

Rule

1. Name and seal.

2. Jurisdiction.

3. Scope of review.

4. Quorum.

5. Place for filing papers.

6. Signing of papers.

7. Computation of time.

8. Qualification of counsel.

9. Conduct of counsel.

10. Request for appellate defense counsel.

11. Assignment of counsel.

12. Retention of civilian counsel.

13. Notice of appearance of counsel.

14. Waiver or withdrawal of appellate review.

15. Assignments of error and briefs.

16. Oral arguments.

17. En banc proceedings.

18. Orders and decisions of the Court.

19. Reconsideration.

20. Petitions for extraordinary relief, answer, and reply.

21. Appeals by the United States.

22. Petitions for new trial.

23. Motions.

24. Continuances and interlocutory matters.

25. Suspension of rules.

26. Internal rules.

27. Recording, photographing, broadcasting, or telecasting of

hearings.

28. Amendments.

Appendices

A. Formats for Direction for Review in a Court of Criminal Appeals.

B. Format for Assignment of Errors and Brief on Behalf of Accused

(Rule 15).

-CHANGE-

CHANGE OF NAME

Pub. L. 103-337, div. A, title IX, Sec. 924(b)(1), Oct. 5, 1994,

108 Stat. 2831, provided that: ''Each Court of Military Review

shall hereafter be known and designated as a Court of Criminal

Appeals.''

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 1 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 1. Name and seal

-STATUTE-

(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.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 2 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 2. Jurisdiction

-STATUTE-

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

(1) Review under Article 66. All cases of trial by

court-martial in which the sentence as approved extends to:

(i) Death; or

(ii) Dismissal of a commissioned officer, cadet or

midshipman, dishonorable or bad-conduct discharge, or

confinement for 1 year or longer; and in which the accused has

not waived or withdrawn appellate review.

(2) Review upon direction of the Judge Advocate General Under

Article 69. All cases of trial by court-martial in which there

has been a finding of guilty and a sentence:

(i) For which Article 66 does not otherwise provide appellate

review, and

(ii) Which the Judge Advocate General forwards to the Court

for review pursuant to Article 69(d), and

(iii) In which the accused has not waived or withdrawn

appellate review.

(3) Review under Article 62. All cases of trial by

court-martial in which a punitive discharge may be adjudged and a

military judge presides, and in which the government appeals an

order or ruling of the military judge that terminates the

proceedings with respect to a charge or specification or excludes

evidence that is substantial proof of a fact material to the

proceedings, or directs the disclosure of classified information,

imposes sanctions for nondisclosure of classified information, or

refuses to issue or enforce a protective order sought by the

United States to prevent the disclosure of classified

information.

(4) Review under Article 73. All petitions for a new trial in

cases of trial by court-martial which are referred to the Court

by the Judge Advocate General.

(b) Extraordinary writs. The Court may, in its discretion,

entertain petitions for extraordinary relief including, but not

limited to, writs of mandamus, writs of prohibition, writs of

habeas corpus, and writs of error coram nobis.

shall be construed to extend or limit the jurisdiction of the

Courts of Criminal Appeals as established by law.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 3 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 3. Scope of review

-STATUTE-

In cases referred to it for review pursuant to Article 66, the

Court may act only with respect to the findings and sentence as

approved by the convening authority. In reviewing a case or action

under Article 69(d) or in determining an appeal under Article 62,

the Court may act only with respect to matters of law. The Court

may, in addition, review such other matters and take such other

action as it determines to be proper under substantive law.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 4 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 4. Quorum

-STATUTE-

(a) In panel. When sitting in panel, a majority of the judges

assigned to that panel constitutes a quorum for the purpose of

hearing or determining any matter referred to the panel. The

determination of any matter referred to the panel shall be

according to the opinion of a majority of the judges participating

in the decision. However, any judge present for duty may issue all

necessary orders concerning any proceedings pending on (in) panel

and any judge present for duty, or a clerk of court or commissioner

to whom the Court has delegated authority, may act on uncontested

motions, provided such action does not finally dispose of a

petition, appeal, or case before the Court.

(b) En banc. When sitting as a whole, a majority of the judges

of the Court constitutes a quorum for the purpose of hearing and

determining any matter before the Court. The determination of any

matter before the Court shall be according to the opinion of a

majority of the judges participating in the decision. In the

absence of a quorum, any judge present for duty may issue all

necessary orders concerning any proceedings pending in the Court

preparatory to hearing or decision thereof.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 5 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 5. Place for filing papers

-STATUTE-

When the filing of a notice of appearance, brief, or other paper

in the office of a Judge Advocate General is required by these

rules, such papers shall be filed in the office of the Judge

Advocate General of the appropriate armed force or in such other

place as the Judge Advocate General or rule promulgated pursuant to

Rule 26 hereof may designate. If transmitted by mail or other

means, they are not filed until received in such office.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 6 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 6. Signing of papers

-STATUTE-

All formal papers shall be signed and shall show, typewritten or

printed, the signer's name, address, military grade (if any), 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 persons signing the paper and that the paper is filed

in good faith and not for purposes of unnecessary delay.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 7 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 7. Computation of time

-STATUTE-

In computing any period of time prescribed or allowed by these

rules, by order of the Court, or by 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, when the act to be done is the filing

of a paper in court, a day on which the office of the Clerk of the

Court is closed due to weather or other conditions or by order of

the Chief Judge, in which event the period runs until the end of

the next day which is neither a Saturday, Sunday, nor a holiday.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 8 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 8. Qualification of counsel

-STATUTE-

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

member in good standing of the bar of a Federal Court, the highest

court of a State or another recognized bar.

(b) Military counsel. Assigned appellate defense and appellate

government counsel shall, in addition, be qualified in accordance

with Articles 27(b)(1) and 70(a), Uniform Code of Military Justice.

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 of the service concerned.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 9 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 9. Conduct of counsel

-STATUTE-

The conduct of counsel appearing before the Court shall be in

accordance with rules of conduct prescribed pursuant to Rule for

Courts-Martial 109 by the Judge Advocate General of the service

concerned. However, the Court may exercise its inherent power to

regulate counsel appearing before it, including the power to remove

counsel from a particular case for misconduct in relation to that

case. 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.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 10 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 10. Request for appellate defense counsel

-STATUTE-

An accused may be represented before the Court by appellate

counsel detailed pursuant to Article 70(a) or by civilian counsel

provided by the accused, or both. An accused who does not waive

appellate review pursuant to Rule for Courts-Martial 1110 shall,

within 10 days after service of a copy of the convening authority's

action under Rule for Courts-Martial 1107(h), forward to the

convening authority or the Judge Advocate General:

(a) A request for representation by military appellate defense

counsel, or

(b) Notice that civilian counsel has been retained or that

action has been taken to retain civilian counsel (must include

name and address of civilian counsel), or

defense counsel under paragraph (a) of this Rule and notice

regarding civilian counsel under paragraph (b) of this Rule, or

(d) A waiver of representation by counsel.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 11 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 11. Assignment of counsel

-STATUTE-

(a) When a record of trial is referred to the Court -

(1) If the accused has requested representation by appellate

defense counsel, pursuant to Article 70(c)(1), counsel detailed

pursuant to Article 70(a) will be assigned to represent the

accused; or

(2) If the accused gives notice that he or she has retained or

has taken action to retain civilian counsel, appellate defense

counsel shall be assigned to represent the interests of the

accused pending appearance of civilian counsel. Assigned defense

counsel will continue to assist after appearance by civilian

counsel unless excused by the accused; or

(3) If the accused has neither requested appellate counsel nor

given notice of action to retain civilian counsel, but has not

waived representation by counsel, appellate defense counsel will

be assigned to represent the accused, subject to excusal by the

accused or by direction of the Court.

(b) In any case -

(1) The Court may request counsel when counsel have not been

assigned.

(2) Pursuant to Article 70(c)(2), and subject to paragraph

(a)(2) of this Rule, appellate defense counsel will represent the

accused when the United States is represented by counsel before

the Court.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 12 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 12. Retention of civilian counsel

-STATUTE-

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. Civilian counsel may reproduce,

at no expense to the government, appellate defense counsel's copy

of the record.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 13 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 13. Notice of appearance of counsel

-STATUTE-

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

constitutes notice of appearance of such counsel.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 14 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 14. Waiver or withdrawal of appellate review

-STATUTE-

Withdrawals from appellate review, and waivers of appellate

review filed after expiration of the period prescribed by the Rule

for Courts-Martial 1110(f)(1), will be referred to the Court for

consideration. At its discretion, the Court may require the filing

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

withdrawal without further action, as may be appropriate. The

Court will return the record of trial, in a case withdrawn from

appellate review, to the Judge Advocate General for action pursuant

to Rule for Courts-Martial 1112.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 15 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 15. Assignments of error and briefs

-STATUTE-

(a) General provisions. Appellate counsel for the accused may

file an assignment of error if any are to be alleged, setting forth

separately each error asserted. The assignment of errors should be

included in a brief for the accused in the format set forth in

Appendix B to these rules. An original of all assignments of error

and briefs, and as many additional copies as shall be prescribed by

the Court, shall be submitted. Briefs and assignments of errors

shall be typed or printed, double-spaced on white paper, and

securely fastened at the top. All references to matters contained

in the record shall show record page numbers and any exhibit

designations. A brief on behalf of the government shall be of like

character as that prescribed for the accused.

(b) Time for filing and number of briefs. Any brief for an

accused shall be filed within 60 days after appellate counsel has

been notified of the receipt of the record in the Office of the

Judge Advocate General. 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 government within 30

days after any brief and assignment of errors has been filed on

behalf of an 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 government. If no brief is filed on behalf

of an accused, a brief on behalf of the government may be filed

within 30 days after expiration of the time allowed for the filing

of a brief on behalf of the accused.

If an unpublished opinion is cited in the brief, 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, infra, to attach any other matter.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 16 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 16. Oral arguments

-STATUTE-

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.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 17 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 17. En banc proceedings

-STATUTE-

(a)(1) A party may suggest the appropriateness of consideration

or reconsideration by the Court as a whole. Such consideration or

reconsideration ordinarily will not be ordered except:

(i) When consideration by the full Court is necessary to secure

or maintain uniformity of decision, or

(ii) When the proceedings involve a question of exceptional

importance, or

(iii) When a sentence being reviewed pursuant to Article 66

extends to death.

(2) In cases being reviewed pursuant to Article 66, a party's

suggestion that a matter be considered initially by the Court as a

whole must be filed with the Court within 7 days after the

government files its answer to the assignment of errors, or the

appellant files a reply under Rule 15(b). In other proceedings, the

suggestion must be filed with the party's initial petition or other

initial pleading, or within 7 days after the response thereto is

filed. A suggestion for reconsideration by the Court as a whole

must be made within the time prescribed by Rule 19 for filing a

motion for reconsideration. No response to a suggestion for

consideration or reconsideration by the Court as a whole may be

filed unless the Court shall so order.

(b) The suggestion of a party for consideration or

reconsideration by the Court as a whole shall be transmitted to

each judge of the Court who is present for duty, but a vote need

not be taken to determine whether the cause shall be considered or

reconsidered by the Court as a whole on such a suggestion made by a

party unless a judge requests a vote.

appeal or other proceeding be considered or reconsidered by the

Court sitting as a whole. However, en banc reconsideration of an

en banc decision will not be held unless at least one member of the

original majority concurs in a vote for reconsideration.

(d) This rule does not affect the power of the Court sua sponte

to consider or reconsider any case sitting as a whole.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 18 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 18. Orders and decisions of the Court

-STATUTE-

The Court shall give notice of its orders and decisions by

immediately serving them, when rendered, on appellate defense

counsel, including civilian counsel, if any, government counsel and

the Judge Advocate General, or designee, as appropriate.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 19 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 19. Reconsideration

-STATUTE-

(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 appellate defense counsel or on the appellant, if the

appellant is not represented by counsel, 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, 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, or 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:

(1) By appellate defense 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, or

(2) By appellate government counsel within 30 days after the

decision or order is received by counsel.

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 these rules shall not be

extended under the authority of Rule 24 or 25 beyond the expiration

of the time for filing a petition for review or writ appeal with

the United States Court of Appeals for the Armed Forces, except

that the time for filing briefs by either party may be extended for

good cause.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 20 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 20. Petitions for extraordinary relief, answer, and reply

-STATUTE-

(a) Petition for extraordinary relief. A petition for

extraordinary relief in the number of copies required by the Court

shall be accompanied by proof of service on each party respondent

and will contain:

(1) A previous history of the case including whether prior

actions have been filed or are pending for the same relief in

this or any other court and the disposition or status of such

actions;

(2) A concise and objective statement of all facts relevant to

the issue presented and of any pertinent opinion, order or

ruling;

(3) A copy of any pertinent parts of the record and all

exhibits related to the petition if reasonably available and

transmittable at or near the time the petition is filed;

(4) A statement of the issue;

(5) The specific relief sought;

(6) Reasons for granting the writ;

(7) The jurisdictional basis for relief sought and the reasons

why the relief sought cannot be obtained during the ordinary

course of appellate review;

(8) If desired, a request for appointment of appellate counsel.

(b) Format. The title of the petition shall include the name,

military grade and service number of each named party and, where

appropriate, the official military or civilian title of any named

party acting in an official capacity as an officer or agent of the

United States. When an accused has not been named as a party, the

accused shall be identified by name, military grade and service

number by the petitioner and shall be designated as the real party

in interest.

extraordinary relief submitted by electronic means. A petition

submitted by electronic means will conclude with the full name and

address of petitioner's counsel, if any, and will state when the

written petition and brief, when required, were forwarded to the

Court and to all named respondents, and by what means they were

forwarded.

(d) Notice to the Judge Advocate General. Immediately upon

receipt of any petition, the clerk shall forward a copy of the

petition to the appropriate Judge Advocate General or designee.

(e) Briefs. Each petition for extraordinary relief must be

accompanied by a brief in support of the petition unless it is

filed in propria persona. The Court may issue a show cause order

in which event the respondent shall file an answer within 10 days

of the receipt of the show cause order. The petitioner may file a

reply to the answer within 7 days of receipt of the answer.

(f) Initial action by the Court. The Court may dismiss or deny

the petition, order the respondent to show cause and file an answer

within the time specified, or take whatever other action it deems

appropriate.

(g) Oral argument and final action. The Court may set the matter

for oral argument. However, on the basis of the pleading alone,

the Court may grant or deny the relief sought or make such other

order in the case as the circumstances may require. This includes

referring the matter to a special master, who need not be a

military judge, to further investigate; to take evidence; and to

make such recommendations as the Court deems appropriate.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 21 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 21. Appeals by the United States

-STATUTE-

(a) Restricted filing. Only a representative of the government

designated by the Judge Advocate General of the respective service

may file an appeal by the United States under Article 62.

(b) Counsel. Counsel must be qualified and appointed, and give

notice of appearance in accordance with these rules and those of

the Judge Advocate General concerned.

specified by Rule for Courts-Martial 908 and by applicable

regulations of the Secretary concerned. A certificate of the

Notice of Appeal described in Rule for Courts-Martial 908(b)(3)

must be included. The certificate of service must reflect the date

and time of the military judge's ruling or order from which the

appeal is taken, and the time and date of service upon the military

judge.

(d) Time for filing. All procedural Rules of the Court shall

apply except as noted in this paragraph:

(1) The representative of the government designated by the

Judge Advocate General shall decide whether to file the appeal

with the Court. The trial counsel shall have 20 days from the

date written notice to appeal is filed with the trial court to

forward the appeal, including an original and two copies of the

record of trial, to the representative of the government

designated by the Judge Advocate General. The person designated

by the Judge Advocate General shall promptly file the original

record with the Clerk of the Court and forward one copy to

opposing counsel. Appellate government counsel shall have 20

days (or more upon a showing of good cause made by motion for

enlargement within the 20 days) from the date the record is filed

with the Court to file the appeal with supporting brief with the

Court. Should the government decide to withdraw the appeal after

the record is received by the Court, appellate government counsel

shall notify the Court in writing. Appellate brief(s) shall be

prepared in the manner prescribed by Rule 15.

(2) Appellee shall prepare an answer in the manner prescribed

by Rule 15 and shall file such answer within 20 days after any

filing of the government brief.

(e) The government shall diligently prosecute all appeals by the

United States and the Court will give such appeals priority over

all other proceedings where practicable.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 22 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 22. Petitions for new trial

-STATUTE-

(a) Whether submitted to the Judge Advocate General by the

accused in propria persona or by counsel for the accused, a

petition for new trial submitted while the accused's case is

undergoing review by a Court of Criminal Appeals shall be filed

with an original and two copies and shall comply with the

requirements of Rule for Courts-Martial 1210(c).

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

than appellate defense counsel, the Court will notify all counsel

of record of such fact.

expressly incorporated in or filed with the petition, will be filed

substantially in the format specified by Rule 15 no later than 30

days after the filing of the petition or receipt of the notice

required by paragraph (b) of this rule, whichever is later. An

appellee's answer shall be filed no later than 30 days after the

filing of an appellant's brief. A reply may be filed no later than

10 days after the filing of the appellee's answer.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 23 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 23. Motions

-STATUTE-

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

hearing, shall state with particularity the relief sought and the

grounds therefor. Motions, pleading, and other papers desired to

be filed with the Court may be combined in the same document, with

the heading indicating, for example ''MOTION TO FILE (SUPPLEMENTAL

ASSIGNMENT OF ERRORS) (CERTIFICATE OF CORRECTION) (SUPPLEMENTAL

PLEADING)''; or ''ASSIGNMENT OF ERRORS AND MOTION TO FILE ATTACHED

REPORT OF MEDICAL BOARD''.

(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.

7 days after receipt by the opposing party of service of the

motion.

(d) Leave to file. Any pleading not authorized or required by

these rules shall be accompanied by a motion for leave to file such

pleading.

(e) Oral argument. Oral argument shall not normally be permitted

on motions.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 24 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 24. Continuances and interlocutory matters

-STATUTE-

Except as otherwise provided in Rule 19(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. See

Rule 4.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 25 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 25. Suspension of rules

-STATUTE-

For good cause shown, the Court acting as a whole or in panel may

suspend the requirements or provisions of any of these rules in a

particular case on petition of a party or on its own motion and may

order proceedings in accordance with its direction.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 26 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 26. Internal rules

-STATUTE-

The Chief Judge of the Court has the authority to prescribe

internal rules for the Court.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 27 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 27. Recording, photographing, broadcasting, or telecasting of

hearings

-STATUTE-

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.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

Rule 28 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

-HEAD-

Rule 28. Amendments

-STATUTE-

Proposed amendments to these rules may be submitted to the Chief

Judge of any Court named in Rule 1 or to a Judge Advocate General.

Before acting on any proposed amendments not received from the

Chief Judges, the Judge Advocates General shall refer them to the

Chief Judges of the Courts for comment. The Chief Judges shall

confer on any proposed changes, and shall report to the Judge

Advocates General as to the suitability of proposed changes and

their impact on the operation of the Courts and on appellate

justice.

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

APPENDIX A 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

APPENDIX A

-HEAD-

APPENDIX A

-MISC1-

FORMAT FOR DIRECTION FOR REVIEW IN A COURT OF CRIMINAL APPEALS

IN THE UNITED STATES _ _ _ _ _ _ (FOOTNOTE 1) COURT OF CRIMINAL

APPEALS

<img src="http://uscode.house.gov/code03/images/10aappa.gif"

width="576" height="194" alt="Caption">

TO THE HONORABLE, THE JUDGES OF THE UNITED STATES _ _ _ _ _ _ COURT

OF CRIMINAL APPEALS

1. Pursuant to Article 69 of the Uniform Code of Military

Justice, 10 U.S.C. Sec. 869 (1994) and the Rules of Practice and

Procedure for Courts of Criminal Appeals, Rule 2(b), the record of

trial in the above-entitled case is forwarded for review.

(FOOTNOTE 1) Use ''Army,'' ''Navy-Marine Corps,'' ''Air Force,''

or ''Coast Guard,'' as applicable.

2. The accused was found guilty by a (type of court-martial) of a

violation of Article(s) _ _ _ _ of the Uniform Code of Military

Justice, and was sentenced to (include entire adjudged sentence) on

(insert trial date). The convening authority (approved the

sentence as adjudged) (approved the following findings and

sentence: _ _ _ _ _ _). The officer exercising general

court-martial jurisdiction (where applicable) took the following

action: _ _ _ _ _ _. The case was received for review pursuant to

Article 69 on (date).

3. In review, pursuant to Uniform Code of Military Justice,

Article 66, it is requested that action be taken with respect to

the following issues:

(SET OUT ISSUES HERE)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The Judge Advocate General

Received a copy of the foregoing Direction for Review this _ _ _

_ _ _ (date).

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Appellate Government Counsel

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address and telephone number

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Appellate Defense Counsel

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address and telephone number

-CITE-

10 USC APPENDIX - RULES OF COURTS OF CRIMINAL APPEALS

APPENDIX B 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

TITLE 10 - APPENDIX

COURTS OF CRIMINAL APPEALS

APPENDIX B

-HEAD-

APPENDIX B

-MISC1-

FORMAT FOR ASSIGNMENT OF ERRORS AND BRIEF ON BEHALF OF ACCUSED

(RULE 15)

IN THE UNITED STATES _ _ _ _ _ _ (FOOTNOTE 2) COURT OF CRIMINAL

APPEALS

<img src="http://uscode.house.gov/code03/images/10aappb.gif"

width="576" height="235" alt="Caption">

TO THE HONORABLE, THE JUDGES OF THE UNITED STATES _ _ _ _ _ _ COURT

OF CRIMINAL APPEALS

STATEMENT OF THE CASE

(Set forth a concise summary of the chronology of the case,

including the general nature of the charges, the pleas of the

accused, the findings and sentence at trial, the action by the

convening authority, and any other pertinent information regarding

the proceedings.)

(FOOTNOTE 2) Use ''Army,'' ''Navy-Marine Corps,'' ''Air Force,''

or ''Coast Guard,'' as applicable.

STATEMENT OF FACTS

(Set forth those facts necessary to a disposition of the assigned

errors, including specific page references and exhibit numbers.

Answers may adopt appellant's or petitioner's statement of facts if

there is no dispute, may state additional facts, or, if there is a

dispute, may restate the facts as they appear from appellee's or

respondent's viewpoint. The repetition of uncontroverted matters

is not desired.)

ERRORS AND ARGUMENT

(Set forth each error alleged in upper case letters, followed by

separate arguments for each error. Arguments shall discuss briefly

the question presented, citing and quoting such authorities as are

deemed pertinent. Each argument shall include a statement of the

applicable standard of review, and shall be followed by a specific

prayer for the relief requested.)

APPENDIX

(The brief of either party may include an appendix containing

copies of unpublished opinions cited in the brief, and extracts of

statutes, rules or regulations pertinent to the assigned errors.)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

(Signature of counsel)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Name (and rank) of counsel,

address and telephone number

CERTIFICATE OF FILING AND SERVICE

I certify that a copy of the foregoing was mailed or delivered to

the Court and opposing counsel on (date).

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Name (rank) (and signature)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

Address and telephone number

_ _ _ _ _ _ _ _ _ _ _ _ _ _ (Date)

-CITE-

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces

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