[Federal Register Volume 61, Number 83 (Monday, April 29, 1996)]
[Notices]
[Pages 18724-18725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10526]
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DEPARTMENT OF DEFENSE
U.S. Court of Appeals for the Armed Forces; Proposed Rule Changes
ACTION: Notice of Proposed Changes to the Rules of Practice and
Procedure of the United States Court of Appeals for the Armed Forces.
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SUMMARY: This notice announces the following proposed changes
(underlined) to the Rules of Practice and Procedure, United States
Court of Appeals for the Armed Forces for public notice and comment:
Rule 24. Form and Content, Page Limitations, Style, and Classified
Information
(a) Form and content. All briefs will be legible and will be
substantially as follows:
In the United States Court of Appeals For the Armed Forces
UNITED STATES, (Appellee), (Appellant), (Respondent), v.
__________________,
(Full typed name, rank, service & service no. of accused) (Appellant),
(Appellee), (Petitioner)
Brief on Behalf of (Appellant, Appellee, Etc.)
Crim. App. No. __________
USCA Dkt. No. __________
Index of Brief
[See Rule 24(c)(2)]
Table of Cases, Statutes, and Other Authorities Issue(s) Presented
[Set forth, in a concise statement, each issue granted review by
the Court, raised in the certificate for review or mandatory review
case, or presented in the petition for extraordinary relief, writ
appeal petition, or petition for new trial.]
Statement of the Case
[Set forth a concise chronology including the results of the
accused's trial, action by the covening authority, the officer
exercising general court-martial jurisdiction (if any), and the Court
of Criminal Appeals as well as other pertinent information regarding
the proceedings, including, where applicable, the date the petition for
review was granted.]
Statement of Facts
[Set forth a concise statement of the facts of the case material to
the issue or issues presented, including specific page references to
each relevant portion of the record of trial. Answers may adopt
appellant's or petitioners' statement of facts if there is no dispute,
may state additional facts, or, if there is a dispute, may restate the
facts as they appear from appellee's or respondent's viewpoint. The
repetition of uncontroverted matters is not desired.]
Summary of Argument
[Each brief and answer shall contain a summary of argument,
suitably paragraphed to correspond to each issue presented. The summary
should be a succinct, but accurate and clear condensation of the
arguments made in the body of the brief.]
Argument
[Discuss briefly the point of law presented, citing and quoting
such authorities as are deemed pertinent. The argument must also
include for each issue presented a statement of the applicable standard
of review. The standard of review may appear in the discussion of each
issue or under a separate heading.]
Conclusion
[State the relief sought as to each issue presented, for example,
reversal of the Court of Criminal Appeals decision and dismissal of the
charges, grant of a new trial, the extraordinary relief sought, etc. No
particular form of language is required, so long as the brief concludes
with a clear prayer for specific Court action.]
Appendix
[The brief of the appellant or petitioner shall include an appendix
containing a copy of the Court of Criminal Appeals decision,
unpublished opinions cited in the brief, and relevant extracts of rules
and regulations. The appellee or respondent shall similarly file an
appendix containing a copy of any additional unpublished opinions and
relevant extracts of rules and regulations cited in the answer.]
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(Signature of counsel)
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(Typed name of counsel)
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(Address of counsel)
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(Telephone no. of counsel)
CERTIFICATE OF FILING AND SERVICE
I certify that a copy of the foregoing was [mailed] [delivered] to
the Court and [mailed] [delivered] to (enter name of each counsel of
record) on
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(date)
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(Typed name and signature)
[[Page 18725]]
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(Address and telephone no.)
* * * * *
DATES: Comments on the proposed changes must be received by June 28,
1996.
ADDRESSES: Forward written comments to Thomas F. Granahan, Clerk of
Court, United States Court of Appeals for the Armed Forces, 450 E.
Street, Northwest, Washington, DC 20442-001
FOR FURTHER INFORMATION CONTACT:
Thomas F. Granahan, Clerk of Court, telephone (202) 761-1448 (x600)
Dated: April 23, 1996.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-10526 Filed 4-26-96; 8:45 am]
BILLING CODE 5000-04-M
