U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
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Abstract
This notice announces proposed redrafting of the 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.
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<title>Federal Register, Volume 90 Issue 159 (Wednesday, August 20, 2025)</title>
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[Federal Register Volume 90, Number 159 (Wednesday, August 20, 2025)]
[Notices]
[Pages 40592-40593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15891]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2025-OS-0474]
U.S. Court of Appeals for the Armed Forces Proposed Rules Changes
AGENCY: Office of the Secretary, Department of Defense (DoD).
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 proposed redrafting of the 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: Comments on the proposed changes must be received by September
19, 2025.
ADDRESSES: You may submit comments, identified by docket number and
title by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
<bullet> Mail: Department of Defense, Office of the Assistant to
the Secretary of Defense for Privacy, Civil Liberties, and
Transparency, Regulatory Directorate, 4800 Mark Center Drive, Attn:
Mailbox 24, Suite 05F16, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make these submissions available for public viewing on the internet
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> as they are received without change,
including personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Malcolm H. Squires, Jr., Clerk of the
Court, telephone (202) 761-1448.
SUPPLEMENTARY INFORMATION: This notice announces the following proposed
changes to Rules 22 and 26 of the Rules of Practice and Procedure,
United States Court of Appeals for the Armed Forces.
Dated: August 18, 2025.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Rule 22
Rule 22--Certificate for Review--currently reads:
(a) A certificate for review under Rule 18(b) will be substantially
in the following form:
* * * * *
3. It is requested that action be taken with respect to the
following issue(s):
[Set out issue(s) here]
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The Judge Advocate General
Received a copy of the foregoing Certificate for Review this __ day of
__, __.
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Appellate Government Counsel
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[[Page 40593]]
Address, email, and telephone no.
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Apellate Defense Counsel
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Address, email, and telephone no.
Certificate of Filing and Service
I certify that the foregoing was electronically filed with the
Court, and a copy served upon appellate defense counsel on this __ day
of __, __.
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Appellate Counsel
* * * * *
The proposed change to Rule 19 would read:
(a) A certificate for review under Rule 18(b) will be substantially
in the following form:
* * * * *
3. It is requested that action be taken with respect to the
following issue(s):
[Set out issue(s) here]
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The Judge Advocate General
Received a copy of the foregoing Certificate for Review this __ day of
__, __.
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Appellate Government Counsel
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Address, email, and telephone no.
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Apellate Defense Counsel
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Address, email, and telephone no.
__[initial] I certify that appropriate notification to the other Judge
Advocates General and the Staff Judge Advocate to the Commandant of the
Marine Corps has been made in compliance with Article 67(a)(2), UCMJ.
Certificate of Filing and Service
I certify that the foregoing was electronically filed with the
Court, and a copy served upon appellate defense counsel on this __ day
of __, __.
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Appellate Counsel
* * * * *
Comment: Rule 22 has been amended to better reflect compliance with
the procedural notification requirement of Article 67(a)(2), UCMJ.
Rule 26:
Rule 26--Amicus Curiae Briefs--currently reads:
* * * * *
(a) An amicus curiae brief may be submitted before the Court's
consideration of a petition for grant of review, petition for
extraordinary relief, writ-appeal petition, petition for new trial, or
granted case.
* * * * *
The proposed change to Rule 26 would read:
* * * * *
(a) An amicus curiae brief may be submitted before the Court's
consideration of a petition for grant of review, petition for
extraordinary relief, writ-appeal petition, petition for new trial,
certified case, mandatory review case, or granted case.
* * * * *
Comment: Rule 26(a) has been amended to add ``certified case'' and
``mandatory review case'' to the current list of circumstances allowing
for the filing of amicus curiae briefs.
[FR Doc. 2025-15891 Filed 8-19-25; 8:45 am]
BILLING CODE 6001-FR-P
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