pleading or other paper filed, and the substance of any action by the Court. (b) Docket number. Upon receipt of either the Petition for Grant of Review, the Certificate for Review, or the Assignment of Errors or petition, the case shall be assigned a docket number. All pleadings or other papers subsequently filed in the case shall bear this number. (c) Notice of docketing. The Clerk shall promptly notify The Judge Advocate General of the service concerned, and the accused or his appellate counsel, of the receipt and docketing of the case, including the docket number assigned. ADMISSIONS Rule 10. Professional Requirements It shall be requisite to the admission of a person to practice in the Court that he be a member of the bar of a Federal court or of the highest court of a State. Rule 11. Application Form In order to appear before the Court, an application shall be filed with the Clerk on a form supplied by him, which form shall be available upon request. Rule 12. Certificate In addition, the applicant shall file a current certificate from the presiding judge or clerk of the proper court that the applicant is a member of the bar and that his private and professional character appear to be good or, in lieu thereof, a certificate by The Judge Advocate General containing substantially the same information. Rule 13. Oath Upon being admitted, each applicant shall take in open court the following oath or affirmation, viz: "I, * * *, do solemnly swear (or affirm) that I will support the Constitution of the United States; and, that I will demean myself, as an attorney and counsellor of this Court, uprightly, and according to law.” Rule 14. Motions Admissions will be granted upon motion of the Court or upon oral motion by a person admitted to practice before the Court, on any day the Court holds a regular session. APPEARANCE AND ASSIGNMENT OF COUNSEL Rule 15. Entry of Appearance by Counsel (a) In writing. Civilian and military appellate counsel shall file an entry of appearance in writing before participating in a case. 256669P-53--2 3 (b) Filing of pleading or other paper. The filing of any pleading or other paper relative to a case will constitute such an entry of appearance. Rule 16. Assignment of Counsel Whenever a record of trial is forwarded by The Judge Advocate General for review, he shall immediately designate appellate Government counsel, and shall immediately designate appellate defense counsel, unless he has been notified that the accused desires to be represented before the Court by civilian counsel. Rule 17. Methods of Appeal APPEALS Cases shall be appealed to the Court by one of the following methods: (a) Cases under Article 67 (b) (3). All cases under Article 67 (b) (3) shall be appealed by a Petition for Grant of Review, and such petition shall be substantially in the form provided in Rule 18. (b) Cases under Article 67 (b) (2). All cases under Article 67 (b) (2) shall be forwarded by The Judge Advocate General by a Certificate for Review, and such certificate shall be substantially in the form provided in Rule 19. (c) Cases under Article 67 (b) (1). All cases under Article 67 (b) (1) shall be forwarded by The Judge Advocate General accompanied by an Assignment of Errors or a petition of the accused urged by appellate counsel for the accused substantially in the form provided in Rule 20. Rule 18. Form of Petition for Grant of Review The Petition for Grant of Review under Article 67 (b) (3) shall be substantially in the following form: TO THE HONORABLE, THE JUDGES OF THE UNITED STATES COURT OF MILITARY APPEALS: 1. The accused having been found guilty of a violation of the Uniform Code of Military Justice, Article and having been sentenced to on and said sentence having been approved by the convening authority and affirmed by a Board of Review on hereby petitions the United States Court of Military Appeals for a grant of review of the decision of the Board of Review, pursuant to the provisions of the Uniform Code of Military Justice, Article 67 (b) (3). 2. Insert either (A) or (B), whichever is applicable: (A) (If accused desires counsel appointed by The Judge Advocate General) "The accused requests appellate defense counsel be designated by The Judge Advocate General to represent him in processing this Petition for Grant of Review, and during the review, if the same be granted by the United States Court of Military Appeals." (B) (If accused desires to retain other counsel) "The accused requests appellate defense counsel be designated by The Judge Advocate General to represent him, in association with his privately-retained counsel, named below, to the extent such privately-retained counsel may desire. Name and address of privately-retained counsel 3. The accused contends that the Board of Review erred in its consideration of the case on the following questions of law: (Here set forth separately and particularly each error assigned upon which accused relies, including such points and authorities as may be desired.) 4. The accused was notified of the decision of the Board of Review on the day of -9 of (Accused) or (Appellate Counsel for Accused) Address Received a copy of the foregoing Petition for Grant of Review this ---- day 19____. ------9 For The Judge Advocate Guneral Rule 19. Form of Certificate for Review The Certificate for Review under Article 67 (b) (2) shall be substantially in the following form: TO THE HONORABLE, THE JUDGES OF THE UNITED STATES COURT OF MILITARY APPEALS: 1. Pursuant to the Uniform Code of Military Justice, Article 67 (b) (2), the record of trial, and the decision of the Board of Review, United States in the above-entitled case, are forwarded for review. 2. The accused was found guilty of a violation of the Uniform Code of Military Justice, Article was sentenced to at by on The sentence was approved by the convening authority and day of affirmed by a Board of Review on the 611 5 3. It is requested that action be taken with respect to the following issues: The Judge Advocate General Received a copy of the foregoing Certificate for Review this day of Rule 20. Form of Assignment of Errors or petition The Assignment of Errors or petition under Article 67 (b) (1) shall be substantially in the following form: TO THE HONORABLE, THE JUDGES OF THE UNITED STATES COURT OF MILITARY APPEALS: 1. The accused having been found guilty of a violation of the Uniform Code of Military Justice, Article and having been sentenced to at by --9 on and said sentence having been approved by the convening authority and affirmed by a Board of Review on hereby (presents an Assignment of Errors directed to) or (petitions from) the decision of the Board of Review, pursuant to the provisions of the Uniform Code of Military Justice, Article 67 (b) (1). 2. It is contended that the Board of Review erred in its consideration of the case on the following questions of law: (Here set forth separately and particularly each error assigned upon which accused relies, including such points and authorities as may be desired.) 3. The accused was notified of the decision of the Board of Review on the day of (Appellate Counsel for Accused) or (Accused) Address Received a copy of the foregoing (Assignment of Errors) or (petition) Rule 21. Reply to Petition for Grant of Review (a) Time requirement. Within 15 days after the filing of a Petition for Grant of Review by an accused under Article 67 (b) (3), appellate Government counsel shall file a reply to the original petition stating his views with respect to the merits of the errors of law raised in the petition and why he believes the petition should not be granted. (b) Form. This reply shall be similar in form to the petition, and brief of the accused, should one be filed, except that if the appellate Government counsel disagrees with the statement of facts, or desires to supplement it with additional facts, he shall start his reply with new information. TIME REQUIREMENTS FOR FILING APPEALS, PLEADINGS, OR OTHER PAPERS Rule 22. Petition for Grant of Review (Article 67 (b) (3) Cases) (a) Time requirement. The accused shall file a Petition for Grant of Review within 30 days after receipt of the decision of a board of review in cases appealed to the Court under Article 67 (b) (3). (b) Postmark; deposit in military channels. A petition for Grant of Review shall be deemed to have been filed upon the date postmarked on the envelope containing the petition, or upon the date when the petition is deposited in military channels for transmittal. (c) Forwarded through The Judge Advocate General. A Petition for Grant of Review should be forwarded through The Judge Advocate General of the service concerned. Rule 23. Certificate for Review (Article 67 (b) (2) Cases) The Judge Advocate General shall file a Certificate for Review within 30 days after receipt of the decision of a board of review in cases forwarded to the Court under Article 67 (b) (2). Rule 24. Assignment of Errors or petition (Article 67 (b) (1) Cases) The accused or his appellate counsel shall file an Assignment of Errors or petition within 30 days after receipt of the decision of a board of review in cases forwarded to the Court under Article 67 (b) (1). Rule 25. Pleadings or Other Papers All pleadings or other papers relative to a case, transmitted by mail or other means for filing in the office of the Clerk, shall not be deemed to have been filed until received in his office. (For exception relative to the filing of a Petition for Grant of Review see Rule 22.) Rule 26. Computation of Time In computing any period of time prescribed or allowed by these Rules, by order of Court, or by any applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, 7 |