Guide to the Rules of Practice and Procedure for the United States Court of Appeals for the Armed Forces

The Guide to the Rules of Practice and Procedure for the United States Court of Appeals for the Armed Forces in an encyclopedic source for the decisional law of the Court of Appeals on procedural issues.
Publisher: LexisNexis
eBook :mobi
18th Edition
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ISBN: 9781522175049
Publisher: LexisNexis
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Book Edition: 2019

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Interest in military justice remains surprisingly intense as a result of sustained legislative and media attention to military sexual assault issues, high-profile courts-martial, and the troubling revival of military commissions following the 9/11 attacks. While the spotlight understandably focuses initially on the trial courts, attention shifts to the appellate courts established under the Uniform Code of Military Justice (“UCMJ”) and the Supreme Court of the United States as significant cases work their way through the system.

Given the enhanced interest in the military justice system, it is as critical as ever that the public, the bar, and Congress (which enacted significant military law reforms in 2013 and 2016) have available reliable information about the functioning of the military appellate judicial process. The pinnacle of that process, short of the Supreme Court, is the Court of Appeals for the Armed Forces.

Such are the goals of this GUIDE. Periodic revisions are contemplated in order to maintain its usefulness. Very little has been retained intact from the first edition and the 1980 Supplement. The effort throughout is to strike a balance between the practical needs of counsel and others who work with the rules, on the one hand, and, on the other, remaining alert to major themes and areas of potential improvement.

This edition reflects cases decided on full opinion, rule changes, and Daily Journal entries through February 7, 2019.

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Table of Contents

Table of Contents

Part 1 The Annotated Rules

Chapter 1 General

1 Name

2 Seal

3 Oath of Judges

3A Senior Judges

4 Jurisdiction

5 Scope of Review

6 Quorum

7 Process

8 Parties

Chapter 2 Clerk’s Office

9 Clerk

10 Docket

11 Calendar

12 Cases Involving Classified Information

Chapter 3 Attorneys

13 Qualifications to Practice

13A Student Practice Rule

14 Honorary Membership (Rescinded)

15 Disbarment and Disciplinary Action

16 Entry of Appearance and Withdrawal by Counsel

17 Assignment of Counsel

Chapter 4 Appeals

18 Methods of Appeal

19 Time Limits

20 Form of Petition for Grant of Review

21 Supplement to Petition for Grant of Review

21A Submissions under United States v. Grostefon

22 Certificate for Review

23 Mandatory Review Case

Chapter 5 Briefs

24 Form, Content, and Page Limitations

25 When Briefs Are Required

26 Amicus Curiae Briefs

Chapter 6 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

Chapter 7 Petitions for New Trial

29 Filing, Notice, Briefs, and Special Master

Chapter 8 Motions

30 Motions

Chapter 9 Factfinding

30A Factfinding

Chapter 10 Reconsideration

31 Petition for Reconsideration

32 Form of Petition for Reconsideration

Chapter 11 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

Chapter 12 Hearings

40 Hearings

41 Photographing, Televising, Recording, or Broadcasting of Hearings

Chapter 13 Opinions

42 Filing, Reproduction, and Distribution

43 Entry of Judgment

43A Issuance of Mandate

Chapter 14 Judicial Conference

44 Judicial Conference

Chapter 15 Revision of Rules

45 Rules Advisory Committee