[Federal Register: April 30, 2009 (Volume 74, Number 82)]
[Notices]
[Page 19947-19948]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap09-40]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD-2009-OS-0061]
U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
AGENCY: Department of Defense.
ACTION: Notice of Proposed Changes to the Rules of Practice and
Procedure of the United States Court of Appeals for the Armed Forces
and implementation of a new electronic filing program.
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SUMMARY: This notice announces the following proposed changes to Rules
19(a)(5), 20(e), 21(c)(2), 37(a), 37(b)(2), and 40(b)(3) of the Rules
of Practice and Procedure, United States Court of Appeals for the Armed
Forces and implementation of a new electronic filing program for public
notice and comment. New language is in bold print. Language to be
removed is within brackets.
DATES: Comments on the proposed changes must be received within 30 days
of the date of this notice.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) and title by any of the following
methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at http://www.regulations.gov as they are received without
change, including personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the
Court, telephone (202) 761-1448.
Dated: April 24, 2009.
Morgan E. Frazier,
Alternate OSD Federal Liaison Officer.
Department of Defense
Rule 19(a)(5):
(A) In all cases where the petition is filed by counsel, a
supplement to the petition establishing good cause in accordance with
Rule 21 shall be filed contemporaneously with the petition. Motions for
enlargement of time to file the supplement, while disfavored, will be
granted for good cause shown. An appellee's answer to the supplement to
the petition, except for cases on appeal by the United States under
Article 62, UCMJ, 10 U.S.C. Sec. 862 (2000), may be filed no later
than 20 days after the filing of the supplement. See Rule 21(e). A
reply may be filed by the appellant no later than 5 days after the
filing of appellee's answer. An appellee's answer to the supplement in
a case under appeal by the United States under Article 62, UCMJ, may be
filed no later than 10 days after the filing of the supplement; an
appellant may file a reply no later than 5 days after the filing of
appellee's answer.
(B) In all cases where the petition is filed by the appellant, a
supplement to the petition shall be filed by counsel no later than 20
days after the issuance by the Clerk of a notice of docketing of the
petition. See Rule 10(c). An appellee's answer to the supplement to the
petition and an appellant's reply may be filed in accordance with the
time limits contained in Rule 19(a)(5)(A).
[(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, 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.]
Comment: The changes will accelerate the case disposition process.
The accelerated time limits are accompanied with a provision to obtain
extensions for good cause shown to address concerns that there may be
circumstances where additional time may be justified.
Rule 20(e):
(e) Upon issuance by the Clerk under Rule 10(c) of a notice of
docketing of a petition for grant of review filed personally by an
appellant, 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.
Comment: This change is a conforming amendment to bring Rule 20(e)
into alignment with the change in Rule 19(a)(5).
Rule 21(c)(2):
(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] 20 days after the filing of the
supplement; see Rule 21(e); (remainder of paragraph is unchanged).
Comment: This change conforms Rule 21(c)(2) to the change in Rule
19(a)(5).
Rules 37(a) and 37(b)(2):
(a) Printing. Except for records of trial and as otherwise provided
by Rules 24(f) and 27(a)(4) or any order of the Court regarding the
electronic filing of pleadings, all pleadings and 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.
[[Page 19948]]
(b)(2) Except for electronically filed pleadings, an original and 7
legible copies of all pleadings or other papers relative to a case
shall be filed.
Comment: These changes are proposed to account for orders of the
Court pertaining to electronic filing of pleadings.
Rule 40(b)(3):
(3) Time allowed. Each side will normally be allotted [30] 20
minutes to present oral argument.
Comment: This change is proposed to bring the rule into conformance
with recent court practice.
Proposed Order on Electronic Filing
Effective (date), the following pleadings may be filed on paper or
electronically in accordance with the guidelines attached to this
Order:
(a) Petitions for grant of review filed by counsel under Rule
18(a)(1);
(b) Supplements to petitions for grant of review filed under Rule
21;
(c) Answers (including 10-day letters to the Clerk) and replies
filed under Rule 21(c); and
(d) Motions filed under Rule 30 that concern the pleadings
described in paragraphs (a)-(c), and replies thereto, when such motions
are filed prior to the Court's action granting or denying a petition
for grant of review.
It is further ordered that the Orders pertaining to electronic
filing issued on May 8, 2003 (58 M.J. 282) and August 5, 2004 (60 M.J.
308) are hereby rescinded, effective (date).
Proposed Guidelines for Electronic Filing of Pleadings
1. Scope
The United States Court of Appeals for the Armed Forces adopts the
following provisions to govern the filing of the documents described in
paragraphs (a)-(d) of the order (hereinafter collectively referred to
as ``petition documents''):
a. This Order applies to all petition documents filed
electronically on or after (date). An appendix to the supplement to the
petition for grant of review (containing the decision of the Court of
Criminal Appeals, matters submitted pursuant to United States v.
Grostefon, 12 M.J. 431 (C.M.A. 1982) and other required matter) is
included in this requirement to be filed electronically unless it
consists of more than 50 pages. In such a case, the appendix may be
submitted on paper and the supplement submitted electronically. In lieu
of submitting an appendix in excess of 50 pages on paper, counsel may
submit it in a CD or DVD format and note in the supplement that it is
being filed in that format under separate cover. Record matters in the
form of video media on CD-ROM or DVD may be submitted in a separate
volume of the appendix that is filed in accordance with Rule 21(b).
b. A petition for grant of review filed personally by an appellant
shall be filed on paper as provided under Rule 20(a). All subsequent
petition documents filed by counsel in such a case may be filed on
paper or electronically except as provided in section 1.c of these
guidelines.
c. This Order does not provide for electronic filing of documents
concerning other matters, such as documents concerning certified cases;
mandatory review cases; writ-appeal petitions; petitions for
extraordinary relief; petitions for new trial; and petitions for
reconsideration. In a case arising under Article 67(a)(3), UCMJ,
(petitions for grant of review), the Order permits electronic filing
only with respect to documents filed before the Court issues an order
granting or denying review.
2. Electronic Filing Address
Counsel shall file petition and motion documents at the following
e-mail address: (to be filled in) @armfor.uscourts.gov
For questions or help concerning the electronic filing of
pleadings, counsel should contact the Clerk's Office at (202) 761-1448.
3. Procedure
a. The electronic filing of a petition document shall be deemed
filed as of the date and time of the transmission of the electronic
mail message.
b. The electronic mail message shall contain the following in the
subject block: (1) The name of the case; (2) the docket number if a
docket number has been assigned; and (3) the words ``electronic
filing.'' A description of what is being attached will be included in
the body of the electronic mail message.
c. The pleading shall be attached to the electronic mail message in
Portable Document Format (PDF), and, when printed, shall be in
compliance with the Rules of Practice and Procedure of the Court.
d. Counsel shall send an electronic copy of the message and all
attachments to opposing counsel to accomplish service of the pleading
under Rule 39. This may be accomplished by listing opposing counsel as
a ``cc'' recipient of the electronic message.
e. The pleading attached to an electronic filing shall contain the
conformed signature (``/s/'') or digital signature of the attorney of
record. This will comply with Rule 38.
f. If a pleading is filed electronically in accordance with this
Order, the party is not required to prepare and file printed copies
under Rules 37(a) and 37(b)(2). The Court will send a reply electronic
message to the sender indicating receipt of the electronic filing.
g. Classified material and material under seal will not be filed
electronically. If such matters need to be filed, they will be
submitted to the Court on paper as a supplemental filing to the
document in which they would otherwise appear. In such cases, counsel
will include in the text of the electronic mail message a notation that
classified or sealed material is being separately submitted. The
classified or sealed material will be appropriately packaged, marked
and delivered, and will include a notation that it accompanies an
electronic filing in the case. All classified material will be handled
in accordance with Rule 12.
h. Counsel must refrain from including and shall redact the
following personal data identifiers from documents filed with the
Court:
Social security numbers
Names of minors
Dates of birth
Financial account numbers
Home addresses
i. Upon the entry of an order granting or denying an electronically
filed petition for grant of review, the Clerk will electronically
transmit a copy of the order to counsel.
Comment: Appellate courts are increasingly providing for electronic
filing of pleadings. This proposal will permit electronic filing of
pleadings at the petition stage of cases before the Court. By making
the program optional, the rules provide for circumstances in which
counsel may find it necessary to file on paper.
[FR Doc. E9-9912 Filed 4-29-09; 8:45 am]
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