Rule 22. Certificate for Review

(a) A certificate for review under Rule 18(a)(2) will be substantially in the following form:

to the judges of the united states court of appeals for the armed forces:

1. Pursuant to Article 67(a)(2) of the Uniform Code of Military Justice, 10 USC §867(a)(2) (1989), the record of trial and decision of the United States ________ Court of Criminal Appeals in the above-entitled case are forwarded for review.

2. The accused has been found guilty by a (type of court-martial) of a violation of Article(s) ______ of the Uniform Code of Military Justice and has been sentenced to (include entire adjudged sentence) on the (insert trial date). The trial took place at (location). The convening authority approved the following findings and sentence: ________. The officer exercising general court-martial jurisdiction (where applicable) took the following action: ________. The Court of Criminal Appeals (state action taken). [Substitute different case history facts as appropriate when the Court of Criminal Appeals decision involves an application for extraordinary relief or an appeal by the United States under Article 62, UCMJ, 10 USC §862 (1983).]

3. It is requested that action be taken with respect to the following issues:

[set out issues here]

______________________________________      

The Judge Advocate General        

Received a copy of the foregoing Certificate for Review this ________ day of ________, 19____.

______________________________________      

Appellate Government Counsel        

______________________________________      

Address and telephone no.        

______________________________________      

Appellate Defense Counsel        

______________________________________      

Address and telephone no.        

(b)(1) Article 62, UCMJ, cases. A certificate for review of a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC §862 (1983), shall be filed, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, no later than 30 days after the date of the decision of the Court of Criminal Appeals. See Rule 34(a). An appellee's answer shall be filed no later than 10 days after the filing of such certificate for review and supporting brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer.

(2) Extraordinary relief cases. A certificate for review of a decision by a Court of Criminal Appeals on application for extraordinary relief filed therein shall be filed, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, no later than 30 days after the date of the decision of the Court of Criminal Appeals. See Rule 34(a). An appellee's answer shall be filed no later than 10 days after the filing of such certificate for review and supporting brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer.

(3) Other cases. In all other cases involving a decision by a Court of Criminal Appeals, a certificate for review shall be filed no later than 30 days after the date of the decision of the Court of Criminal Appeals. See Rule 34(a). A brief in support of the certified issues shall be filed by the appellant in accordance with Rule 24 no later than 30 days after the issuance by the Clerk of a notice of docketing of the certificate for review. An appellee's answer shall be filed no later than 30 days after the filing of an appellant's brief. A reply may be filed by the appellant no later than 10 days after the filing of the appellee's answer.

(As amended Oct. 1, 1987; Oct. 12, 1994; Feb. 27, 1996.)