[Federal Register Volume 63, Number 28 (Wednesday, February 11, 1998)]
[Notices]
[Pages 6917-6918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3353]


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DEPARTMENT OF DEFENSE

Office of the Secretary


U.S. Court of Appeals for the Armed Forces Proposed Rule Changes

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 the following proposed changes to Rules 
9(c), 12(b), 21(b), 24, 31(d), and 37, and new Rule 35A of the Rules of 
Practice and Procedure, United States Court of Appeals for the Armed 
Forces for public notice and comment:
* * * * *
RULE 24. FORM, CONTENT AND PAGE LIMITATIONS
    (a) Form and content. All briefs shall conform to the printing, 
copying, and style requirements of Rule 37, shall be legible, and shall 
be substantially as follows:
* * * * *
[Delete Rule 24 subsection (c) Style and move this subsection to new 
Rule 37 as set forth after the following proposed change to Rule 31(d) 
below.]
Rule 31. Petition for Reconsideration
(Revise subsection (d) as follows):
    (d) A petition for reconsideration shall be granted with the 
concurrence of a majority of the judges who participated in the 
original decision.
* * * * *

RULE 37. PRINTING, COPYING AND STYLE REQUIREMENTS

    (a) Printing. Except for records of trial and as otherwise provided 
by Rule 27(a)(6) all pleadings or other papers relative to a case shall 
be typewritten and double-spaced, printed on one side only on white 
unglazed paper, 8.5 by 11 inches in size, securely fastened in the top 
left corner. With the exception of footnotes which may appear in 11 
point type, all printed matter must appear in non-proportional typeface 
using 12 point type and with no more than ten characters per inch. 
Margins shall not exceed 6.5 by 9.5 inches, with double-spacing between 
each line of text. Headings, footnotes and block quotations may be 
single-spaced, but should not be used excessively to avoid page limit 
requirements.
    (b) Copying.
    (1) Copies of typewritten pleadings and papers may include those 
produced by any process capable of producing a clearly legible black 
image on white paper, but shall not include ordinary carbon copies. If 
papers are filed in any other form, the Clerk shall require the 
substitution of new copies, but such substitution will not affect the 
filing date of the papers or pleadings involved. See Rule 36.
    (2) An original and seven legible copies of all pleadings or other 
papers relative to a case shall be filed. See Rule 35A concerning 
documents which contain classified information.
    (c) Style.
    (1) All pleadings presented to the Court shall, unless they are 
less than 5 pages in length, be preceded by a subject index of the 
matter contained therein, with page references, and a table of cases 
(alphabetically arranged with citations), textbooks and statutes cited, 
with references to the pages where cited.
    (2) Citations shall conform with the Uniform System of Citation.
    (3) All references to the record of trail shall include page 
numbers or exhibition designations, as appropriate.
    (4) No pleading or other paper filed with the Court shall 
incorporate by reference any material from any other source.

[Delete Rule 24 subsection (d) Classified Information and move to new 
Rule 35A as follows:]

RULE 35A. USE OF CLASSIFIED INFORMATION

    Classified information shall be included in documents filed with 
the Court only when necessary to a proper consideration of the issues 
involved. The original or one complete copy of a document containing 
the classified information shall be filed with the Court. The party 
filing such document shall give written notice to the Clerk and to all 
other parties prior to the time of such filing that such document 
contains classified information. In addition, there shall be filed in 
accordance with Rule 37(b)(2) an original and seven copies of each such 
document from which the classified information has been deleted or 
omitted in such manner that the pages which contain the deleted or 
omitted classified information are clearly identified.

    Note: The following amendments conforming references to new Rule 
35A concerning classified information shall also be made:

--Amend Rule 9(c) Custodian of records reference to Rule 35A (instead 
of Rule 24(d)).
--Amend Rule 12(b) Classified doucments reference to Rule 35A (instead 
of Rule 24(d)).
--Amend Rule 21(b) Supplement of Petition for Grant of Review reference 
to ``the provisions of Rule 24(b), (c), and (d)'' to read as follows: 
``the provisions of Rules 24(b), 35A, and 37''

DATES: Comments on the proposed changes must be received by April 12, 
1998.
ADDRESSES: Forward written comments to Thomas F., Granahan, Clerk of 
the Court, United States Court of Appeals for the Armed Forces, 450 E 
Street, NW., Washington, DC 20442-0001.
FOR FURTHER INFORMATION CONTACT: Thomas F. Granahan, Clerk of Court, 
telephone (202) 761-1448(x600).

SUPPLEMENTARY INFORMATION: The Rules Advisory Committee Comments on the 
proposed changes to Rules 9(c), 12(b), 21(b), 24, 31(d), and 37, and 
new Rule 35A are included as an attachment to this notice.

Rules Advisory Committee Comments on Proposed Rule 35A and Proposed 
Revisions to Rules 9(c), 12(b), 21(b), 24 (a), (c) and (d), 31(d), and 
37

1. Printing, Copying and Style Requirements

    The purpose of the proposed change in title and restructured text 
of proposed Rule 37 is to consolidate in one rule the related 
requirements of printing, copying, and style which apply to all 
pleadings and other papers filed with the Court. The new requirements 
for print size parallel similar provisions used by other courts of 
appeals. These

[[Page 6918]]

provisions standardize the type and print options which must be used 
when filing pleadings and other papers with the Court. Minor conforming 
amendments will be required to change existing titles of Rules 24 and 
37 and to change the existing reference to current Rule 24(c) in Rule 
21(b). A new reference has been added to Rule 24(a) to alert a 
practitioner to the consolidated provisions of Rule 37.

2. Use of Classified Information

    The purpose of the proposal to move subsection (d) (``Classified 
Information'') from Rule 24 to new Rule 35A (``Use of Classified 
Information'') is to place this unique rule provision in a separate 
rule and locate it in a section of the Court's Rules of Practice and 
Procedure to which it more logically relates, namely, ``PRACTICE BEFORE 
THE COURT.'' The substance of this rule remains unchanged. Minor 
conforming amendments will be required to change the existing title of 
Rule 24 and to change existing references to current Rule 24(d) in 
Rules 9(c), 12(b), and 21(b).

3. Petition for Reconsideration

    The purpose of this amendment to Rule 31(d) is to make it clear 
that reconsideration may only be granted if a majority of those judges 
who participated in the original decision vote to grant 
reconsideration. For this purpose, all judges who voted, including 
those who dissented or concurred, shall be deemed to have participated 
in the original decision.

    Dated: February 5, 1998.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-3353 Filed 2-10-98; 8:45 am]
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