US LAWS, STATUTES & CODES ON-LINE
CLERK'S OFFICE
Rule 9. Clerk
(a) Location of office. The Clerk's office shall be located in the courthouse at 450 E Street, Northwest, Washington, D.C. 20442.
(b) Oath of office. Before entering upon the execution of his office, the Clerk shall take the oath or affirmation prescribed in Section 951 of Title 28, United States Code.
(c) Custodian of records. The Clerk shall serve as custodian of the records of the Court and shall not permit any documents relative to a case to be taken from the courthouse except by order of a judge of the Court. However, after final action on a case in which documents containing classified information have been filed with the Court under Rule 35A, the Clerk shall, as Court Security Officer, consult with the originating armed service to determine the appropriate disposition of such documents. See Rule 12.
(d) Disposition of procedural matters. Notwithstanding the provisions of Rule 6, the Clerk, on behalf of the Court, may entertain and act on any motion seeking an enlargement of time not to exceed 30 days, leave to withdraw as counsel, or permission to file pleadings, or other papers relative to a matter pending before the Court, provided such motion is not opposed and such action does not substantially affect the rights of the parties or the ultimate decision in the case. The order of the Clerk shall be deemed the order of the Court.
(e) Hours. The Clerk's office shall be open for the filing of pleadings and other papers from 9:00 a.m. to 5:00 p.m. every day except Saturdays, Sundays, and legal holidays, or as otherwise ordered by the Court. See Rule 36(a).
(As amended Mar. 31, 1994; Jan. 20, 1999, eff. Feb. 1, 1999; Sept. 20, 1999, eff. Oct. 1, 1999.)
Rule 10. Docket
(a) Maintenance of docket. The Clerk shall maintain:
(1) a regular docket for cases subject to mandatory review, petitions to review convictions or sentences affirmed by a Court of Criminal Appeals, and certificates for review of final decisions in a Court of Criminal Appeals;
(2) a miscellaneous docket for petitions for grant of review and certificates for review of decisions by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983), petitions for extraordinary relief, writ appeal petitions, and certificates for review of decisions on application for extraordinary relief in a Court of Criminal Appeals; and
(3) a special docket of the matters arising under Rule 15 concerning complaints of unprofessional conduct against a member of the Bar of this Court.
The receipt of all pleadings or other papers filed, and any action by the Court relative to a case, will be entered in the appropriate docket. Entries in each docket will show the date, the nature of each pleading or other paper filed, and the substance of any action by the Court. From time to time, the Clerk shall, under the general direction of the Court, determine the appropriate manner for keeping and preserving the dockets.
(b) Docket number. In a mandatory review case, a docket number will be assigned upon receipt of the record from the Judge Advocate General. In all other cases, a docket number will be assigned upon receipt of the initial pleading. All pleadings or other papers subsequently filed in the case will bear the assigned docket number.
(c) Notice of docketing. The Clerk shall notify the appropriate Judge Advocate General and all parties of the receipt and docketing of a case and the docket number assigned. In the case of a petition for extraordinary relief, the Clerk shall also notify all named respondents of the petition's receipt and docketing.
(d) Entry of judgment. The Clerk shall prepare, sign, date and enter the judgment immediately upon the filing of the opinion of the Court. If a judgment is rendered without an opinion, the Clerk shall prepare, sign, date and enter such judgment in an order following instruction from the Court. The Clerk shall, on the date a judgment is entered, distribute to all parties and the Judge Advocate General of the service in which the case arose a copy of the judgment and opinion, if any, or of the order if no opinion was written. See Rule 43.
(As amended Oct. 1, 1987; Oct. 12, 1994; Mar. 26, 1998, eff. May 1, 1998.)
Rule 11. Calendar
(a) The Clerk shall prepare a calendar, consisting of the cases that have become or will be available for hearing, which shall be arranged in the first instance in the chronological order in which petitions for grant of review have been granted or certified questions and mandatory appeals have been filed with the Court. The arrangement of cases on the calendar shall be subject to modification in light of the availability of pleadings, extensions of time to file briefs, and orders to advance or specially set cases for hearing.
(b) The Clerk shall periodically publish hearing lists in advance of each Court session for the convenience of counsel and the information of the public.
(c) The Clerk shall advise counsel when they are required to be present in Court. See Rule 40(b)(1).
(d) Cases may be advanced or postponed by order of the Court, upon motion duly made showing good cause therefor, or on the Court's own motion. See Rule 40(b).
(e) Two or more cases involving the same question may, on the Court's own order or by special permission, be heard together as one case or on such terms as may be prescribed.
Rule 12. Cases Involving Classified Information
(a) Court Security Officer. The Clerk shall serve as the Court Security Officer for the purposes of providing for the protection of classified information, and may designate such assistants as are appropriate for such purposes.
(b) Classified documents. Documents containing classified information will be stored and safeguarded by the Court Security Officer in accordance with the Department of Defense Information Security Program Regulation (DOD Regulation 5200.1-R) or the Security Procedures Established by the Chief Justice of the United States pursuant to Pub. L. 96-456, 94 Stat. 2025, as appropriate. See Rules 9(c) and 35A.
(c) Security clearances. Security clearances for personnel on the staff of the Court will be obtained by the Court Security Officer in accordance with the Department of Defense Information Security Program Regulation.
(As amended Jan. 20, 1999, eff. Feb. 1, 1999.)
