Rule 24. Form and Content, Page Limitations, Style, and Classified Information

(a) Form and content. All briefs will be legible and will be substantially as follows:

in the united states court of appeals for the armed forces

United States,

        (Appellee)

        (Appellant)

        (Respondent)

brief on behalf of

v.

(appellant,

________________________________,

appellee, etc.)

(Full typed name, rank,

CMR Dkt. No. ____

service & service no. of

USCA Dkt. No. __

accused)

        (Appellant)

        (Appellee)

        (Petitioner)

Index of Brief

[See Rule 24(c)(2)]

Table of Cases, Statutes, and Other Authorities

Statement of the Case

[Set forth a concise chronology including the results of the accused's trial, action by the convening authority, the officer exercising general court-martial jurisdiction (if any), and the Court of Criminal Appeals as well as any other pertinent information regarding the proceedings.]

Statement of Facts

[Set forth a concise statement of the facts of the case material to the issue or issues presented, including specific page references to each relevant portion of the record of trial. Answers may adopt appellant's or petitioner's statement of facts if there is no dispute, may state additional facts, or, if there is a dispute, may restate the facts as they appear from appellee's or respondent's viewpoint. The repetition of uncontroverted matters is not desired.]

Issue(s) Presented

[Set forth each issue granted review by the Court, raised in the certificate for review or in the mandatory review case, or presented in the petition for extraordinary relief, writ appeal petition, or petition for new trial. Issues presented will be set forth in upper case letters, and each will be followed by separate arguments pertaining to that issue.]

Argument

[Discuss briefly the point of law presented, citing and quoting such authorities as are deemed pertinent.]

Conclusion

[State briefly the relief sought as to each issue presented, for example, reversal of the Court of Criminal Appeals decision and dismissal of the charges, grant of a new trial, the extraordinary relief sought, etc. No particular form of language is required, so long as the brief concludes with a clear prayer for specific Court action.]

Appendix

[The brief of the appellant or petitioner shall include an appendix containing a copy of the Court of Criminal Appeals decision, unpublished opinions cited in the brief, and relevant extracts of rules and regulations. The appellee or respondent shall similarly file an appendix containing a copy of any additional unpublished opinions and relevant extracts of rules and regulations cited in the answer.]

______________________________________      

(Signature of counsel)        

______________________________________      

(Typed name of counsel)        

______________________________________      

(Address of counsel)        

______________________________________      

(Telephone no. of counsel)        

certificate of filing and service

I certify that a copy of the foregoing was [mailed] [delivered] to the Court and [mailed] [delivered] to (enter name of each counsel of record) on ______. (Date)

______________________________________      

(Typed name and signature)        

______________________________________      

(Address and telephone no.)        

(b) Page limitations. Unless otherwise authorized by order of the Court or by motion of a party granted by the Court (see Rule 30), the page limitations for briefs filed with the Court, not including appendices, shall be as follows:

(1) Briefs of appellants/petitioners shall not exceed 50 pages;

(2) Answers of appellees/respondents shall not exceed 50 pages;

(3) Replies of appellants/petitioners shall not exceed 15 pages.

(c) Style. (1) 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 on white paper, 8.5 by 11 inches in size, securely fastened at the top. 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 37.

(2) 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.

(3) Citations shall conform with the Uniform System of Citation.

(4) All references to the record of trial shall include page numbers or exhibit designations, as appropriate.

(5) No pleading or other paper filed with the Court shall incorporate by reference any material from any other source.

(d) Classified information. Classified information will 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 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 contained the deleted or omitted classified information are clearly identified.

(As amended Oct. 1, 1987; Oct. 30, 1991, eff. Nov. 4, 1991; Mar. 3, 1992, eff. Apr. 1, 1992; Oct. 12, 1994.)