[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30793-30794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13095]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2010-OS-0070]
U.S. Court of Appeals for the Armed Forces Proposed Change to
Electronic Filing Guidelines
AGENCY: Department of Defense (DoD).
ACTION: Notice of proposed change to the Electronic Filing Guidelines
of the United States Court of Appeals for the Armed Forces.
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SUMMARY: This notice announces the following proposed change by Court
Order to the Electronic Filing Guidelines of the United States Court of
Appeals for the Armed Forces.
DATES: Comments on the proposed change must be received within 30 days
of the date of this notice.
ADDRESSES: You may submit comments, identified by docket number and
title by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, OSD Mailroom 3C843, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the Internet
at http://regulations.gov as they are received without change,
including personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the
Court, telephone (202) 761-1448.
[[Page 30794]]
Dated: May 26, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Proposed New Order for Electronic Filing of Pleadings
Effective (date), all pleadings, except as noted below, may be
filed on paper or electronically in accordance with the guidelines
attached to this Order. Joint Appendices to Briefs, filed under Rule
24(f), Rules of Practice and Procedure, shall be filed in paper form
only. Administrative matters, such as bar admission applications and
attorney disciplinary proceedings, may not be filed electronically.
Attorneys appearing before the Court are reminded that personal data
identifiers must be redacted from documents filed electronically.
See Guideline paragraph 3h.
This Order supersedes the Order of the Court of July 15, 2009,
concerning electronic filing of petition documents, and that Order
is hereby rescinded effective (date).
Guidelines for Electronic Filing of Pleadings
1. Scope.
The United States Court of Appeals for the Armed Forces adopts
the following provisions to govern the electronic filing of
pleadings:
a. This Order applies to all pleadings filed electronically on
or after (date). Alternatively, pleadings may be filed in a paper
format; however, the same pleading may not be filed both
electronically and on paper.
b. Administrative matters, such as bar admission applications
and attorney disciplinary proceedings, may not be filed
electronically.
c. If the supplement to the petition for grant of review is
filed electronically, an appendix to the supplement (containing the
decision of the Court of Criminal Appeals, matters submitted
pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982),
and other required matter) shall also be filed electronically unless
it consists of more than 50 pages. In such a case, the appendix may
be submitted on paper and the supplement submitted electronically.
In lieu of submitting an appendix in excess of 50 pages on paper,
counsel may submit it in a CD or DVD format and note in the
supplement that it is being filed in that format under separate
cover. Record matters in the form of video media on CD-ROM or DVD
may be submitted in a separate volume of the appendix that is filed
in accordance with Rule 21(b).
d. A petition for grant of review filed personally by an
appellant shall be filed on paper, as provided under Rule 20(a). All
subsequent documents related to the petition for grant of review
filed by counsel in such a case may be filed on paper or
electronically.
e. The Joint Appendix to the brief will be filed in paper form
only with the required number of paper copies rather than
electronically. If the appellant or petitioner files the brief
electronically, the Joint Appendix will be filed on the same day the
brief is filed electronically.
2. Electronic Filing Address.
Counsel shall electronically file pleadings using an electronic
mail message at the following e-mail address:
[email protected]. For questions or help concerning the
electronic filing of pleadings, counsel should contact the Clerk's
Office at (202) 761-1448.
3. Procedure.
a. The electronic filing of a pleading in compliance with these
Guidelines shall constitute filing under the Rules of Practice and
Procedure. The pleading will be deemed filed as of the date and time
of the transmission of the electronic mail message.
b. The electronic mail message shall contain the following in
the subject block: (1) The name of the case; (2) the docket number
if a docket number has been assigned; and (3) the words ``electronic
filing.'' A description of the nature of the pleading will be
included in the body of the electronic mail message.
c. The pleading shall be attached to the electronic mail message
in Portable Document Format (PDF), and, when printed, shall be in
compliance with the Rules of Practice and Procedure of the Court.
d. Counsel shall send an electronic copy of the message and all
attachments to opposing counsel to accomplish service of the
pleading under Rule 39. This may be accomplished by listing opposing
counsel as a ``cc'' recipient of the electronic message.
e. The brief attached to an electronic filing shall contain the
conformed signature (``/s/'') or digital signature of the attorney
of record. This will comply with the requirements of Rule 38.
f. If a pleading is filed electronically in accordance with this
Order, the party filing the pleading is not required to prepare and
file printed copies of that pleading under Rules 37(a) and 37(b)(2).
The Court will send a reply electronic message to the sender
indicating receipt of the electronic filing. Electronic filers are
advised that if they do not receive a reply electronic message by
the following business day, they should immediately contact the
Clerk's Office.
g. Classified material and material under seal will not be filed
electronically. If such matters need to be filed, they will be
submitted to the Court on paper as a supplemental filing to the
document in which they would otherwise appear. In such cases,
counsel will include in the text of the electronic mail message a
notation that classified or sealed material is being separately
submitted. The classified or sealed material will be appropriately
packaged, marked and delivered, and will include a notation that it
accompanies an electronic filing in the case. All classified
material will be handled in accordance with Rule 12.
h. Counsel will refrain from including and shall redact the
following personal data identifiers from documents filed with the
Court:
Social security numbers
Names of minors
Dates of birth
Financial account numbers
Home addresses.
Comment: The proposed change will authorize all pleadings, except
as noted in the Order, to be filed in an electronic format. Previously,
only petition stage documents could be filed electronically. If a
pleading is filed electronically, paper copies will not be filed. As an
alternative, filing on paper will still be permitted in lieu of
electronic filing.
[FR Doc. 2010-13095 Filed 6-1-10; 8:45 am]
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