[Federal Register Volume 73, Number 120 (Friday, June 20, 2008)]
[Notices]
[Pages 35126-35127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13997]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2008-OS-0072]


U.S. Court of Appeals for the Armed Forces Proposed Rules Change

ACTION: Notice of Proposed Change 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 change to Rule 
21(f) of the Rules of Practice and Procedure, United States Court of 
Appeals for the Armed Forces for public notice and comment. New 
language is in bold print. Language to be removed is within brackets.

DATES: Comments on the proposed change must be received within 30 days 
of the date of this notice.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions

[[Page 35127]]

from members of the public is to make these submissions available for 
public viewing on the Internet at http://regulations.gov as they are 
received without change, including personal identifiers or contact 
information.

FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of the 
Court, telephone (202) 761-1448.

    Dated: June 16, 2008.
Patricia L. Toppings,
OSD Federal Liaison Officer, DoD.

    Rule 21 (a)-(e) unchanged.
    (f) [An appellant or counsel for an appellant may move to withdraw 
his petition at any time. See Rule 30.]
    (f) An appellant or counsel for an appellant may move to withdraw 
his petition at any time by filing a motion pursuant to Rule 30. Such a 
motion shall substantially comply with the requirements of Rule for 
Courts-Martial 1110, and be accompanied by a written request for 
withdrawal that includes the following:
    (1) A statement that the appellant and counsel for the appellant 
have discussed the appellant's right to appellate review, the effect of 
withdrawal, and that the appellant understands these matters;
    (2) A statement that the motion to withdraw the petition is 
submitted voluntarily and cannot be revoked; and
    (3) The signatures of the appellant and counsel for the appellant.
    Comment: The requirements for submitting a motion to withdraw a 
petition for grant of review should be changed to ensure that the 
appellant is personally aware of the motion and that it is submitted 
voluntarily with full knowledge of its meaning and effect.

[FR Doc. E8-13997 Filed 6-19-08; 8:45 am]
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