[Federal Register Volume 64, Number 126 (Thursday, July 1, 1999)]
[Notices]
[Pages 35633-35634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16704]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

summary: This notice announces the following proposed changes to Rules 
9(d), 30(e), 36, and 39, and new Rule 36A of the Rules of Practice and 
Procedure, United States Court of Appeals for the Armed Forces for 
public notice and comment.

Proposed Revision to Rule 9(d)

Rule 9. Clerk

    [Amend Rule 9(d) to delete the word ``citations'' in the first 
sentence of this subsection.]

Proposed Revision to Rule 30(e)

Rule 30. Motions

    [Amend Rule 30(e) to delete the words ``other than those to file 
recent supplemental citations of authority without additional 
argument.'']

Proposed Rule 36. Filing of Pleadings

    (a) In general. Pleadings or other papers relative to a case shall 
be filed in the Clerk's office, 450 E Street, Northwest, Washington, 
D.C. 20442-0001, either in person or by mail. See Rule 37(b)(2).
    (b) Filing in person. If a pleading or other paper is filed in 
person, such filing shall consist of delivery to a member of the 
Clerk's office during normal business hours. See Rule 9(e).
    (c) Filing by mail. If a pleading or other paper is filed by mail, 
such filing shall consist of depositing the pleading or other paper 
with the United States Postal Service, with no less than first-class 
postage prepaid, properly addressed to the Clerk's office.
    (d) Time of filing. Pleadings or other papers shall be deemed to 
have been filed on the date they are delivered to the Clerk's office 
under subsection (b) or on the date they are mailed under subsection 
(c). See Rules 37(b)(1) and 39(e).
    (e) Non-compliant pleadings. If any pleading or other paper is not 
filed or offered for filing in compliance with these rules or an order 
of the Court, the Court may issue an order to show cause, dismiss the 
proceeding, or return the proffered pleading or paper on its own motion 
or the motion of a party. See Rules 27(a)(4) and 37(b)(1).
* * * * *

Proposed Rule 39. Service of Pleadings

    (a) In general. At or before the filing of any pleading or other 
paper relative to a case in the Clerk's office, a copy thereof shall be 
served in person or by mail on all counsel of record, including amicus 
curiae counsel. See Rule 16(b). When a party is not represented by 
counsel, service shall be made on such party in person or by mail. When 
reasonable, considering such factors as the immediacy of the relief 
sought, distance, and cost, service must be at least as expeditious as 
the manner used to file the pleading or other paper with the Court. See 
Rule 36.
    (b) Personal service. If service is made in person, it shall 
consist of delivery at the office of the counsel of record, either to 
counsel or to an employee therein. If the party is not represented, 
service shall consist of delivery to such party.
    (c) Service by mail. If service is made by mail, it shall consist 
of depositing the pleading or other paper with the United States Postal 
Service, with no less than first-class postage prepaid, addressed to 
the counsel of record or, if the party is not represented, to such 
party, at the proper post office address.
    (d) Certificate for review. In the case of a certificate for 
review, service of a copy thereof shall be made on appellate defense 
counsel and appellate government counsel as prescribed in Rule 22(a).
    (e) Form of certificate of filing and service. A certificate 
indicating the specific manner of filing under Rule 36 and the specific 
manner of service under this rule shall be included in any pleading or 
other paper substantially in the following form:

Certificate of Filing and Service

    I certify that the original and seven copies of the foregoing 
were [delivered] )or) [mailed-specify class of mail) to the Court on 
____________ (date) and that a copy of the foregoing was [delivered] 
(or) [mailed-specify class of mail] to (enter specific name of each 
counsel of record or party, if not represented) on ____________
(date)
----------------------------------------------------------------------
(Typed name and signature of certifying person)
----------------------------------------------------------------------
(Address and telephone no. of certifying person)
* * * * *

Proposed Rule 36A. Citations to Supplemental Authorities

    If pertinent and significant authorities come to a party's 
attention after such party has filed a pleading allowed under these 
Rules, or after oral argument but before a final decision, the party 
may promptly advise the Clerk by letter, with a copy to all parties, 
setting forth the citations. The letter must state, without argument, 
the reasons for each supplemental citation, referring either to the 
page of the earlier filed pleading or to a point argued orally to which 
the citation is pertinent. Any response by other parties must be made 
promptly and must be similarly limited.

DATES: Comments on the proposed changes must be received by August 30, 
1999.

ADDRESSES: Forward written comments to Thomas F. Granahan, Clerk of the 
Court, United States Court of Appeals for the Armed Forces, 450 E 
Street, Northwest, Washington, D.C. 20442-0001.

FOR FURTHER INFORMATION CONTACT: Thomas F. Granahan, Clerk of the 
Court, telephone (202) 761-1448 (x600).

SUPPLEMENTARY INFORMATION: The Rules Advisory Committee Comments on the 
proposed changes to Rules 9(d), 30(e), 36, and 39, and on proposed new 
Rule 36A are included as an attachment to this notice.

[[Page 35634]]

Rules Advisory Committee Comment on Proposed Revision to Rule 9(d)

    If proposed Rule 36A is promulgated, the reference to ``citations'' 
in Rule 9(d) should be deleted as no longer necessary.

Rules Advisory Committee Comment on Proposed Revision to Rule 30(e)

    If proposed Rule 36A is promulgated, the phrase referring to 
motions ``to file recent supplemental citations of authority without 
additional argument'' should be deleted as no longer necessary.

Rules Advisory Committee Comment on Proposed Rule 36

    The proposed amendments to Rule 36 set forth the particular methods 
for filing pleadings or other papers relative to a case in person and 
by mail and provide that, when a filing is accomplished by mail, it 
must be made with no less than first-class postage prepaid, properly 
addressed to the Clerk's office. A similar provision is incorporated in 
the proposed amendments to Rule 39 for service of pleadings and other 
papers relative to a case.

Rules Advisory Committee Comment on Proposed Rule 39

    The proposed amendments to Rule 39 specify that the service of 
pleadings or other papers relative to a case, when accomplished by 
mail, must be made with no less than first-class postage prepaid. A 
similar provision is incorporated in the proposed amendments to Rule 36 
for the filing of pleadings and other papers relative to a case. Rule 
36(a) also provides that, where practicable, service of a pleading or 
other paper should be by a means at least as expeditious as the manner 
in which the filing of such pleading or paper with the Court is 
accomplished under Rule 36.

Rules Advisory Committee Comment on Proposed Rule 36A

    New Rule 36A substantially tracks Rule 28(j) of the Federal Rules 
of Appellate Procedure. It is designed to provide a party with an 
expeditious means of submitting important authorities to the Court that 
were either previously overlooked or unavailable when an earlier 
pleading was filed. The rule does not allow additional argument to be 
made and such letters should not be used for this purpose. If a party 
believes that supplemental briefing would be appropriate, that party 
should seek leave of Court to do so on motion under Rule 30 and should 
not rely on this rule for that purpose.

    Dated: June 25, 1999.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-16704 Filed 6-30-99; 8:45 am]
BILLING CODE 5000-10-M