Notice2026-07685
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
April 21, 2026
Issuing agencies
Defense Department
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 76 (Tuesday, April 21, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 76 (Tuesday, April 21, 2026)]
[Notices]
[Pages 21279-21280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07685]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD-2026-OS-0892]
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.
-----------------------------------------------------------------------
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 May 21,
2026.
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 Director of
Administration and Management, Privacy, Civil Liberties, and
Transparency Directorate, Regulatory Division, 4800 Mark Center Drive,
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
removal of Rule 8(f) and change to 24(e)(4) of the Rules of Practice
and Procedure, United States Court of Appeals for the Armed Forces.
Dated: April 16, 2026.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
Rule 8
Rule 8--Parties--currently reads:
* * * * *
(e) When a mandatory review case is filed, the accused is the
appellant. The other party is the appellee.
(f) If a petition for grant of review or a certificate for review
is filed after an action has been docketed in the same case, the party
on whose behalf relief is sought in the second action is the appellant
or cross-appellant, depending on whether such party is the appellant or
appellee in the first action. The other
[[Page 21280]]
party in the second action is the appellee or cross-appellee as
determined in a similar manner.
(g) All parties filing a petition for extraordinary relief with the
Court are petitioners. All parties to the proceeding below other than
petitioners are respondents.
The proposed change to Rule 8 would read:
* * * * *
(e) When a mandatory review case is filed, the accused is the
appellant. The other party is the appellee.
(f) All parties filing a petition for extraordinary relief with the
Court are petitioners. All parties to the proceeding below other than
petitioners are respondents.
Comment: Rule 8 has been amended to better reflect the Court's
internal docketing procedure.
Rule 24
Rule 24--Form, Content, and Type-Volume Limitations--currently
reads:
* * * * *
(e) Joint Appendix. In addition to electronically filing a joint
appendix, the appellant or petitioner is responsible for filing eight
paper copies of a joint appendix, which is a separate document filed
contemporaneously with the brief.
* * * * *
(4) Agreement and Designation. The parties are encouraged to agree
on the contents of the joint appendix. In the absence of agreement, the
appellant or petitioner must serve on the appellee or respondent a
designation of the issues to be raised on appeal and of the parts of
the record to be included in the joint appendix. Service must be made
within fourteen days of the order granting the petition, the Judge
Advocate General filing a certificate for review, the notice of the
docketing of a mandatory review case, or the filing of a petition for
new trial, petition for extraordinary relief or a writ-appeal petition.
The appellee or respondent may, within fourteen days after receiving
the designation, serve on the appellant or petitioner a designation of
the additional parts of the record to draw to the attention of the
Court. The appellant or petitioner must include the parts designated by
the appellee or respondent in the joint appendix. The parties must
avoid designating unnecessary parts of the record because the entire
record is available to the Court. In the event a cross-appeal is filed,
the Clerk will establish deadlines for designations.
The proposed change to Rule 24 would read:
* * * * *
(e) Joint Appendix. In addition to electronically filing a joint
appendix, the appellant or petitioner is responsible for filing eight
paper copies of a joint appendix, which is a separate document filed
contemporaneously with the brief.
* * * * *
(4) Agreement and Designation. The parties are encouraged to agree
on the contents of the joint appendix. In the absence of agreement, the
appellant or petitioner must serve on the appellee or respondent a
designation of the issues to be raised on appeal and of the parts of
the record to be included in the joint appendix. Service must be made
within seven days of the order granting the petition, the Judge
Advocate General filing a certificate for review, the notice of the
docketing of a mandatory review case, or the filing of a petition for
new trial, petition for extraordinary relief or a writ-appeal petition.
The appellee or respondent may, within seven days after receiving the
designation, serve on the appellant or petitioner a designation of the
additional parts of the record to draw to the attention of the Court.
The appellant or petitioner must include the parts designated by the
appellee or respondent in the joint appendix. The parties must avoid
designating unnecessary parts of the record because the entire record
is available to the Court. In the event a cross-appeal is filed, the
Clerk will establish deadlines for designations.
Comment: Rule 24 has been amended to ensure that parties propose
and respond to joint appendix requests within the twenty-one-day
deadline for joint appendix filing.
[FR Doc. 2026-07685 Filed 4-20-26; 8:45 am]
BILLING CODE 6001-FR-P
</pre></body>
</html>Indexed from Federal Register on April 21, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.