[Federal Register Volume 64, Number 126 (Thursday, July 1, 1999)]
[Notices]
[Pages 35633-35634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16704]
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DEPARTMENT OF DEFENSE
Office of the Secretary
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 to Rules
9(d), 30(e), 36, and 39, and new Rule 36A of the Rules of Practice and
Procedure, United States Court of Appeals for the Armed Forces for
public notice and comment.
Proposed Revision to Rule 9(d)
Rule 9. Clerk
[Amend Rule 9(d) to delete the word ``citations'' in the first
sentence of this subsection.]
Proposed Revision to Rule 30(e)
Rule 30. Motions
[Amend Rule 30(e) to delete the words ``other than those to file
recent supplemental citations of authority without additional
argument.'']
Proposed Rule 36. Filing of Pleadings
(a) In general. Pleadings or other papers relative to a case shall
be filed in the Clerk's office, 450 E Street, Northwest, Washington,
D.C. 20442-0001, either in person or by mail. See Rule 37(b)(2).
(b) Filing in person. If a pleading or other paper is filed in
person, such filing shall consist of delivery to a member of the
Clerk's office during normal business hours. See Rule 9(e).
(c) Filing by mail. If a pleading or other paper is filed by mail,
such filing shall consist of depositing the pleading or other paper
with the United States Postal Service, with no less than first-class
postage prepaid, properly addressed to the Clerk's office.
(d) Time of filing. Pleadings or other papers shall be deemed to
have been filed on the date they are delivered to the Clerk's office
under subsection (b) or on the date they are mailed under subsection
(c). See Rules 37(b)(1) and 39(e).
(e) Non-compliant pleadings. If any pleading or other paper is not
filed or offered for filing in compliance with these rules or an order
of the Court, the Court may issue an order to show cause, dismiss the
proceeding, or return the proffered pleading or paper on its own motion
or the motion of a party. See Rules 27(a)(4) and 37(b)(1).
* * * * *
Proposed Rule 39. Service of Pleadings
(a) In general. At or before the filing of any pleading or other
paper relative to a case in the Clerk's office, a copy thereof shall be
served in person or by mail on all counsel of record, including amicus
curiae counsel. See Rule 16(b). When a party is not represented by
counsel, service shall be made on such party in person or by mail. When
reasonable, considering such factors as the immediacy of the relief
sought, distance, and cost, service must be at least as expeditious as
the manner used to file the pleading or other paper with the Court. See
Rule 36.
(b) Personal service. If service is made in person, it shall
consist of delivery at the office of the counsel of record, either to
counsel or to an employee therein. If the party is not represented,
service shall consist of delivery to such party.
(c) Service by mail. If service is made by mail, it shall consist
of depositing the pleading or other paper with the United States Postal
Service, with no less than first-class postage prepaid, addressed to
the counsel of record or, if the party is not represented, to such
party, at the proper post office address.
(d) Certificate for review. In the case of a certificate for
review, service of a copy thereof shall be made on appellate defense
counsel and appellate government counsel as prescribed in Rule 22(a).
(e) Form of certificate of filing and service. A certificate
indicating the specific manner of filing under Rule 36 and the specific
manner of service under this rule shall be included in any pleading or
other paper substantially in the following form:
Certificate of Filing and Service
I certify that the original and seven copies of the foregoing
were [delivered] )or) [mailed-specify class of mail) to the Court on
____________ (date) and that a copy of the foregoing was [delivered]
(or) [mailed-specify class of mail] to (enter specific name of each
counsel of record or party, if not represented) on ____________
(date)
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(Typed name and signature of certifying person)
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(Address and telephone no. of certifying person)
* * * * *
Proposed Rule 36A. Citations to Supplemental Authorities
If pertinent and significant authorities come to a party's
attention after such party has filed a pleading allowed under these
Rules, or after oral argument but before a final decision, the party
may promptly advise the Clerk by letter, with a copy to all parties,
setting forth the citations. The letter must state, without argument,
the reasons for each supplemental citation, referring either to the
page of the earlier filed pleading or to a point argued orally to which
the citation is pertinent. Any response by other parties must be made
promptly and must be similarly limited.
DATES: Comments on the proposed changes must be received by August 30,
1999.
ADDRESSES: Forward written comments to Thomas F. Granahan, Clerk of the
Court, United States Court of Appeals for the Armed Forces, 450 E
Street, Northwest, Washington, D.C. 20442-0001.
FOR FURTHER INFORMATION CONTACT: Thomas F. Granahan, Clerk of the
Court, telephone (202) 761-1448 (x600).
SUPPLEMENTARY INFORMATION: The Rules Advisory Committee Comments on the
proposed changes to Rules 9(d), 30(e), 36, and 39, and on proposed new
Rule 36A are included as an attachment to this notice.
[[Page 35634]]
Rules Advisory Committee Comment on Proposed Revision to Rule 9(d)
If proposed Rule 36A is promulgated, the reference to ``citations''
in Rule 9(d) should be deleted as no longer necessary.
Rules Advisory Committee Comment on Proposed Revision to Rule 30(e)
If proposed Rule 36A is promulgated, the phrase referring to
motions ``to file recent supplemental citations of authority without
additional argument'' should be deleted as no longer necessary.
Rules Advisory Committee Comment on Proposed Rule 36
The proposed amendments to Rule 36 set forth the particular methods
for filing pleadings or other papers relative to a case in person and
by mail and provide that, when a filing is accomplished by mail, it
must be made with no less than first-class postage prepaid, properly
addressed to the Clerk's office. A similar provision is incorporated in
the proposed amendments to Rule 39 for service of pleadings and other
papers relative to a case.
Rules Advisory Committee Comment on Proposed Rule 39
The proposed amendments to Rule 39 specify that the service of
pleadings or other papers relative to a case, when accomplished by
mail, must be made with no less than first-class postage prepaid. A
similar provision is incorporated in the proposed amendments to Rule 36
for the filing of pleadings and other papers relative to a case. Rule
36(a) also provides that, where practicable, service of a pleading or
other paper should be by a means at least as expeditious as the manner
in which the filing of such pleading or paper with the Court is
accomplished under Rule 36.
Rules Advisory Committee Comment on Proposed Rule 36A
New Rule 36A substantially tracks Rule 28(j) of the Federal Rules
of Appellate Procedure. It is designed to provide a party with an
expeditious means of submitting important authorities to the Court that
were either previously overlooked or unavailable when an earlier
pleading was filed. The rule does not allow additional argument to be
made and such letters should not be used for this purpose. If a party
believes that supplemental briefing would be appropriate, that party
should seek leave of Court to do so on motion under Rule 30 and should
not rely on this rule for that purpose.
Dated: June 25, 1999.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-16704 Filed 6-30-99; 8:45 am]
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