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PRACTICE BEFORE THE COURT

Rule 33. Suspension of Rules

For good cause shown, the Court may suspend any of these rules in a particular case, on application of a party or on its own motion, and may order proceedings in accordance with its direction.

Rule 34. Computation of Time

(a) General. In computing any period of time prescribed or allowed by these Rules, order of the Court, or any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a holiday. When the period of time prescribed or allowed is less than 7 days, intervening Saturdays, Sundays, and legal holidays, will be excluded in the computation. When a period of time is computed under these rules from the date of the decision of a Court of Criminal Appeals, such time is to be computed from the date of such decision unless a petition for reconsideration is timely filed, in which event the period of time is to be computed from the date of final action on the petition for reconsideration.

(b) Additional time when service by mail. Whenever a party has the right or is required to do some act within a prescribed period after the issuance of an order or the filing of a notice, pleading, or other paper relative to a case when service thereof is made upon him by mail, 5 days will be added to the prescribed period if the party upon whom the service is made is within the limits of the contiguous 48 States and the District of Columbia, and 15 days will be added if the party is located outside these limits, including the States of Alaska and Hawaii. This provision for additional time shall not apply, however, to the time limitations prescribed in Rule 19(a)(1) for the filing of a petition for grant of review.

(As amended Oct. 1, 1987; Oct. 12, 1994.)

Rule 35. Filing of Record

The record shall be filed by the Judge Advocate General as soon as practicable after the docketing of any action pursuant to Rule 4. See Rule 27(a)(1) and (b).

Rule 35A. Use of Classified Information

Classified information shall be included in documents filed with the Court only when necessary to a proper consideration of the issues involved. The original or one complete copy of a document containing the classified information shall be filed with the Court. The party filing such document shall give written notice to the Clerk and to all other parties prior to the time of such filing that such document contains classified information. In addition, there shall be filed in accordance with Rule 37(b)(2) an original and seven copies of each such document from which the classified information has been deleted or omitted in such manner that the pages which contain the deleted or omitted classified information are clearly identified.

(Added Jan. 20, 1999, eff. Feb. 1, 1999.)

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).

(As amended Sept. 20, 1999, eff. Oct. 1, 1999.)

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. See Rule 37(b)(2).

(Added Sept. 20, 1999, eff. Oct. 1, 1999.)

Rule 37. Printing, Copying and Style Requirements

(a) Printing. Except for records of trial and as otherwise provided by Rule 27(a)(4), all pleadings or 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. With the exception of footnotes which may appear in 11 point type, all printed matter must appear in nonproportional typeface using 12 point type and with no more than ten characters per inch. Margins shall not exceed 6.5 by 9.5 inches, with double-spacing between each line of text. Headings, footnotes and block quotations may be single-spaced, but should not be used excessively to avoid page limit requirements.

(b) Copying.

(1) Copies of typewritten pleadings and papers may include those produced by any process capable of producing a clearly legible black image on white paper, but shall not include ordinary carbon copies. If papers are filed in any other form, the Clerk shall require the substitution of new copies, but such substitution will not affect the filing date of the papers or pleadings involved. See Rule 36.

(2) An original and seven legible copies of all pleadings or other papers relative to a case shall be filed. See Rule 35A concerning documents which contain classified information.

(c) Style.

(1) All pleadings presented to the Court shall, unless they are less than 5 pages in length, be preceded by a subject index of the matter contained therein, with page references, and a table of cases (alphabetically arranged with citations), textbooks and statutes cited, with references to the pages where cited.

(2) Citations shall conform with the Uniform System of Citation.

(3) All references to the record of trial shall include page numbers or exhibit designations, as appropriate.

(4) No pleading or other paper filed with the Court shall incorporate by reference any material from any other source.

(As amended Oct. 30, 1991, eff. Nov. 4, 1991; Jan. 20, 1999, eff. Feb. 1, 1999.)

Rule 38. Signatures

(a) General. Except for documents filed in propria persona and those provided for in subsection (b), all original pleadings or other papers filed in a case will bear the signature of at least one counsel who is a member of this Court's Bar and who is participating in the case. The name, address, telephone number, and rank, if any, of the person signing, together with the capacity in which such counsel signs the paper will be included. This signature will constitute a certificate that the statements made in the pleading or paper are true and correct to the best of the counsel's knowledge, information, or belief, and that the pleading or paper is filed in good faith and not for the purpose of unnecessary delay. A counsel who signs a pleading "for" some other counsel whose name is typed under such signature must, in addition, affix their own signature in a separate signature block with their own name, address, telephone number, and rank, if any, typed thereunder.

(b) Exception. If the counsel signing a pleading or paper presented to the Clerk's office for filing is not a member of the Bar of this Court, the pleading or paper shall nonetheless be received as if such counsel were a member. However, within 30 days of the filing of a pleading, such counsel shall, as a prerequisite to continuing in the case as counsel of record, apply for admission to the Bar of this Court or move to appear pro hac vice under Rule 13.

(As amended Oct. 1, 1987.)

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)__.

___________________
(Typed name and signature of  
certifying person)     

___________________
(Address and telephone no.  
of certifying person)    

(As amended Sept. 20, 1999, eff. Oct. 1, 1999.)


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