Notice2024-18280
U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 15, 2024
Issuing agencies
Defense Department
Abstract
This notice contains the responses to comments received on the proposed Rules of Practice and Procedure, United States Court of Appeals for the Armed Forces. Although these rules of practice and procedure fall within the Administrative Procedure Act's exemptions for notice and comment, the Department, as a matter of policy, has decided to make these changes available for public review and comment before they are implemented.
Full Text
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<title>Federal Register, Volume 89 Issue 158 (Thursday, August 15, 2024)</title>
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[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Page 66365]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18280]
[[Page 66365]]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2024-OS-0065]
U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
AGENCY: Office of the Secretary, Department of Defense (DoD).
ACTION: Notice of responses to comments received on the proposed Rules
of Practice and Procedure, United States Court of Appeals for the Armed
Forces.
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SUMMARY: This notice contains the responses to comments received on the
proposed Rules of Practice and Procedure, United States Court of
Appeals for the Armed Forces. Although these rules of practice and
procedure fall within the Administrative Procedure Act's exemptions for
notice and comment, the Department, as a matter of policy, has decided
to make these changes available for public review and comment before
they are implemented.
DATES: Applicable September 16, 2024.
FOR FURTHER INFORMATION CONTACT: Malcolm H. Squires, Jr., Clerk of the
Court, telephone (202) 761-1448.
SUPPLEMENTARY INFORMATION:
Discussion of Comments and Changes
On June 7, 2024, the United States Court of Appeals for the Armed
Forces published a notice titled U.S. Court of Appeals for the Armed
Forces Proposed Rules Changes in the Federal Register (89 FR 48601).
Comments were accepted for 30 days until July 8, 2024. A total of five
comments were received. Please see the summarized comments and the
Court's responses below.
I. Public Comments
The publication of this notice finalizes the interim final rules
published on June 6. The Court, after circulating the proposed comments
amongst its Rules Committee and the five active judges, has decided to
adopt some comments in part and reject others.
Several comments concerned the reduction in time for amicus to file
briefs. The Court has decided to accept these proposals and expand the
time to file amicus briefs in support of parties to fourteen days.
Similarly, after reviewing the comments, the Court has decided to
expand the time to submit a waiver letter under Rule 21 to fourteen
days.
Another comment was directed at the Court's student practice rule
and suggested that the rules account for law students who do not attend
an ABA accredited law school. After circulating the comment for review
amongst the Rules Committee and the five active judges, the Court has
decided not to make any changes to the proposed Rule 13A, as the rules
provide that the Court may grant exceptions to any of the rules as is
necessary.
II. Revisions to the Original Notice
The new Rule 21 will read:
* * * * *
(c) * * *
(2) Answer/Reply in Other Appeals. An appellee's answer to the
supplement to the petition for grant of review in all other appeal
cases may be filed no later than twenty-one days after the filing of
such supplement (see Rule 2l(e)). As a discretionary alternative if a
formal answer is waived, an appellee may file with the Clerk a short
letter, within fourteen days after the filing of the appellant's
supplement to the petition, setting forth one of the following
alternative positions:
(i) that the United States submits a general opposition to the
assigned error(s) of law and relies on its brief filed with the Court
of Criminal Appeals; or (ii) that the United States does not oppose the
granting of the petition (for some specific reason, such as an error
involving an unsettled area of the law). An appellant may file a reply
no later than seven days after the filing of the appellee' s answer or
answer letter.
* * * * *
Comment: The time to submit a waiver letter was expanded to
fourteen days after the filing of the appellant's supplement to the
petition.
The new Rule 26 will read:
* * * * *
(d) An amicus curiae brief in support of a party must be filed no
later than fourteen days after that party has filed its brief,
supplement to the petition for grant of
review, petition for extraordinary relief, writ-appeal petition, or
answer. If no party is supported, the amicus curiae brief must be filed
no later than seven days after the filing of the brief of the
appellant/petitioner. In the case of a petition for new trial, the
amicus curiae must file its brief no later than fourteen days after the
petitioner has filed its brief with the Court. Motions for leave to
file an amicus curiae brief under Rule 26(b)(4), together with the
proposed brief, must be filed within the time allowed for filing the
brief.
* * * * *
Comment: The time to file amicus curiae brief in support of a party
was expanded to fourteen days after the original party has filed its
brief.
Dated: August 9, 2024.
Patricia L. Toppings,
OSD Federal Liaison Officer, Department of Defense.
[FR Doc. 2024-18280 Filed 8-14-24; 8:45 am]
BILLING CODE 6001-FR-P
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