Guide to the Rules of Practice and Procedure for the United States Court of Appeals for the Armed Forces
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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, statutory revisions, executive orders, regulations, rule changes, and Daily Journal entries through January 25, 2021.
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Table of contents
Table of Contents
Part 1 The Annotated Rules
Chapter 1 General
Rule 1 Name
Rule 2 Seal
Rule 3 Oath of Judges
Rule 3A Senior Judges
Rule 4 Jurisdiction
Rule 5 Scope of Review
Rule 6 Quorum
Rule 7 Process
Rule 8 Parties
Chapter 2 Clerk’s Office
Rule 9 Clerk
Rule 10 Docket
Rule 11 Calendar
Rule 12 Cases Involving Classified Information
Chapter 3 Attorneys
Rule 13 Qualifications to Practice
Rule 13A Student Practice Rule
Rule 14 Honorary Membership (Rescinded)
Rule 15 Disbarment and Disciplinary Action
Rule 16 Entry of Appearance and Withdrawal by Counsel
Rule 17 Assignment of Counsel
Chapter 4 Appeals
Rule 18 Methods of Appeal
Rule 19 Time Limits
Rule 20 Form of Petition for Grant of Review
Rule 21 Supplement to Petition for Grant of Review
Rule 21A Submissions under United States v. Grostefon
Rule 22 Certificate for Review
Rule 23 Mandatory Review Case
Chapter 5 Briefs
Rule 24 Form, Content, and Page Limitations
Rule 25 When Briefs Are Required
Rule 26 Amicus Curiae Briefs
Chapter 6 Extraordinary Relief
Rule 27 Petition for Extraordinary Relief, Writ-Appeal Petition, Answer and Reply
Rule 28 Form of Petition for Extraordinary Relief, Writ-Appeal Petition, Answer, and Reply
Chapter 7 Petitions for New Trial
Rule 29 Filing, Notice, Briefs, and Special Master
Chapter 8 Motions
Rule 30 Motions
Chapter 9 Factfinding
Rule 30A Factfinding
Chapter 10 Reconsideration
Rule 31 Petition for Reconsideration
Rule 32 Form of Petition for Reconsideration
Chapter 11 Practice Before the Court
Rule 33 Suspension of Rules
Rule 34 Computation of Time
Rule 35 Filing of Record
Rule 35A Use of Classified Information
Rule 36 Filing of Pleadings
Rule 36A Citations to Supplemental Authorities
Rule 37 Printing, Copying and Style Requirements
Rule 38 Signatures
Rule 39 Service of Pleadings
Chapter 12 Hearings
Rule 40 Hearings
Rule 41 Photographing, Televising, Recording, or Broadcasting of Hearings
Chapter 13 Opinions
Rule 42 Filing, Reproduction, and Distribution
Rule 43 Entry of Judgment
Rule 43A Issuance of Mandate
Chapter 14 Judicial Conference
Rule 44 Judicial Conference
Chapter 15 Revision of Rules
Rule 45 Rules Advisory Committee
Part 2 APPENDIX
Table of Cases