Rule 6. Quorum

(a) A majority of the judges in regular active service authorized to constitute the United States Court of Appeals for the Armed Forces shall constitute a quorum. The concurrence of the majority of such judges, whether present and voting or voting telephonically or electronically, shall be required for a final resolution of any matter before the Court, subject to subsections (b), (c), and (d). In the event there are fewer than three active judges, such active judges shall constitute a quorum. See Article 144, UCMJ, 10 USC §944.

(b) The Chief Judge, or the judge performing the duties of the Chief Judge, shall have the authority to issue temporary orders or stays pending the convening of a quorum. See Rules 15(f) and 27(a)(4).

(c) If no judge is present, the Clerk may adjourn the Court from day to day. See Rule 9(d).

(d) In the event a senior judge is recalled under Article 142(e), UCMJ, 10 USC §942(e), or an Article III judge is designated under Article 142(f), UCMJ, 10 USC §942(f), to sit on the Court, such judge shall be deemed to be a judge in regular active service under this rule with respect to those matters over which that judge has been recalled or designated to serve. To the extent that a judge in regular active service has been replaced under any circumstance set forth in Article 142(e)(1)(A)(i), (ii), or (iii), 10 USC §942(e)(1)(A)(i), (ii), or (iii), that judge shall not be included in the constitution of a quorum under this rule.

(Interim change May 11, 1994; amended Oct. 12, 1994; Nov. 1, 1995, eff. Nov. 15, 1995.)