[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR935.110]

[Page 234]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 935_WAKE ISLAND CODE--Table of Contents
 
                    Subpart L_Appeals and New Trials
 
Sec. 935.110  Appeals.


    (a) Any party to an action may, within 15 days after judgment, 
appeal an interlocutory order, issue of law, or judgment, except that an 
acquittal may not be appealed, by filing a notice of appeal with the 
Clerk of the Wake Island Court and serving a copy on the opposing party. 
Judgment is stayed while the appeal is pending.
    (b) Upon receiving a notice of appeal with proof of service on the 
opposing party, the Clerk shall forward the record of the action to the 
Wake Island Court of Appeals.
    (c) The appellant shall serve on the opposing party and file a 
memorandum setting forth his grounds of appeal with the Wake Island 
Court of Appeals within 15 days after the date of the judgment. The 
appellee may serve and file a reply memorandum within 15 days 
thereafter. An appeal and the reply shall be deemed to be filed when 
deposited in the U.S. mail with proper postage affixed, addressed to the 
Clerk, Wake Island Court of Appeals, at his address in Washington, DC. 
The period for filing an appeal may be waived by the Court of Appeals 
when the interests of justice so require.
    (d) The Court of Appeals may proceed to judgment on the record, or, 
if the Court considers that the interests of justice so require, grant a 
hearing.
    (e) The decision of the Court of Appeals shall be in writing and 
based on the record prepared by the Wake Island Court, on the 
proceedings before the Court of Appeals, if any be had, and on any 
memoranda that are filed. If the Court of Appeals considers the record 
incomplete, the case may be remanded to the Wake Island Court for 
further proceedings.
    (f) The decision of the Court of Appeals is final.