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Rule 27. Petition for Extraordinary Relief, Writ Appeal Petition, Answer, and Reply

(a) Petition for extraordinary relief.

(1) A petition for extraordinary relief shall be filed within the time prescribed by Rule 19(d), shall conform in length to Rule 24(b), and, in accordance with Rule 39, be accompanied by proof of service on all respondents. The petitioner shall also provide a copy of the petition to any trial or appellate military judge whose decision, judgment, or order is the subject of the petition.

(2)(A) The petition for extraordinary relief shall be captioned "In Re [name of petitioner]."

(B) The petition shall contain:

(i) A history of the case including whether prior actions or requests for the same relief have been filed or are pending in this or any other forum and the disposition or status thereof;

(ii) the reasons relief has not been sought from the appropriate Court of Criminal Appeals, if that is the case (see Rule 4(b)(1));

(iii) the relief sought;

(iv) the issues presented;

(v) the facts necessary to understand the issues presented by the petition;

(vi) the reasons why the writ should issue; and

(vii) the mailing address, telephone and facsimile telephone numbers of each respondent.

(C) The petition shall include copies of any order or opinion or parts of the record that may be essential to understand the matters set forth in the petition.

(D) Service on Judge Advocate General. The Clerk shall forward a copy of the petition to the Judge Advocate General of the service in which the case arose.

(3) Denial; Order Directing Answer; Briefs; Precedence. (A) The Court may deny the petition without answer. Otherwise, it may order the respondent or respondents to answer within a fixed time. See Rule 28(b)(1). The Court may also take any other action deemed appropriate, including referring the matter to a special master, who may be a military judge or other person, to make further investigation, to take evidence, and to make such recommendations to the Court as are deemed appropriate. See United States v. DuBay, 17 USCMA 147 (1967).

(B) When the Court directs that an answer be filed, two or more respondents may answer jointly.

(C) The Court may invite or order any trial or appellate military judge whose decision, judgment or order is the subject of the petition to respond or may invite an amicus curiae to do so. A trial or appellate military judge may request permission to respond but may not respond unless invited or ordered to do so by the Court.

(D) The Court may set the matter for hearing. However, the Court may grant or deny the relief sought or issue such other order in the case as the circumstances may require on the basis of the pleadings alone.

(E) If further briefing or oral argument is required, the Clerk shall advise the parties and, when appropriate, any judge or judges or amicus curiae.

(4) Electronic message petitions. The Court will not docket petitions for extraordinary relief submitted by means of an electronic message or by facsimile without prior approval of the Clerk.

(b) Writ appeal petition, answer and reply. A writ appeal petition for review of a decision by a Court of Criminal Appeals acting on a petition for extraordinary relief shall be filed by an appellant, together with any available record, including the items specified by subsection (a)(2)(C), within the time prescribed by Rule 19(e), shall be accompanied by proof of service on the appellee in accordance with Rule 39, and shall contain the information required by subsection (a)(2)(B). The appellee shall file an answer no later than 10 days after the filing of the writ appeal petition. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer. See Rules 28(b)(2) and (c)(2). Upon the filing of pleadings by the parties, the Court may grant or deny the writ appeal petition or take such other action as the circumstances may require.

(As amended Oct. 12, 1994; Nov. 1, 1995, eff. Nov. 15, 1995; Mar. 26, 1998, eff. May 1, 1998.)

Rule 28. Form of Petition for Extraordinary Relief, Writ Appeal Petition, Answer, and Reply

(a) Petition/writ appeal petition. A petition for extraordinary relief or a writ appeal petition for review of a Court of Criminal Appeals decision on application for extraordinary relief will be accompanied by any order or opinion or parts of the record that may be essential to understanding the matters set forth in the petition, and will be substantially in the following form:

The (petitioner) (appellant) hereby prays for an order directing the (respondent) (appellee) to:

[Briefly state the relief sought.]

[State with particularity the relief which the petitioner or appellant seeks to have the Court order.]

[Do not include citations of authority or discussion of principles. Set forth no more than the full question of law involved.]

________________________
Signature of [petitioner] [appellant]
[counsel]

________________________
Address, telephone no., and facsimile no. of
[petitioner] [appellant] [counsel]

I certify that a copy of the foregoing was [mailed] [delivered] to the Court, [mailed] [delivered] to the [trial or appellate military judge whose decision, judgment, or order is the subject of the petition], and [mailed] [delivered] to the [respondent] [appellee] on ____. (Date)

___________________
(Typed name and signature)  

___________________
(Address and telephone no.)  

(b) Answer. (1) The respondent's answer to an order to show cause, if ordered by the Court after consideration of a petition for extraordinary relief, shall be in substantially the same form as that of the petition, except that the answer may incorporate the petitioner's statement of facts, add supplementary facts, or contest the statement. To the extent that the petitioner's statement of facts is not contested by the respondent, it shall be taken by the Court as representing an accurate declaration of the basis on which relief is sought. The answer to the order to show cause will be filed no later than 10 days after service on the respondent of the order requiring such answer, unless a different time for filing the answer is specified in the Court's order.

(2) The appellee's answer to a writ appeal petition shall be filed no later than 10 days after the filing of the appellant's writ appeal petition.

(c) Reply. (1) A reply may be filed by the petitioner no later than 5 days after the filing of a respondent's answer to an order to show cause.

(2) A reply may be filed by an appellant, in the case of a writ appeal petition, no later than 5 days after the filing of an appellee's answer.

(As amended Oct. 12, 1994; Feb. 27, 1996; Mar. 26, 1998, eff. May 1, 1998; Apr. 30, 1998, eff. May 1, 1998.)