Rule 27. Petition for Extraordinary Relief, Writ Appeal Petition, Answer, and Reply

(a) Petition for extraordinary relief. (1) A petition for extraordinary relief, together with any available record, shall be filed within the time prescribed by Rule 19(d), shall be accompanied by proof of service on all named respondents, and shall contain:

(A) A previous history of the case including whether prior actions or requests for the same relief have been filed or are pending in this or any other forum and the disposition or status thereof;

(B) A concise statement of the facts necessary to understand the issue presented;

(C) A statement of the issue;

(D) The specific relief sought;

(E) The jurisdictional basis for the relief sought and the reasons why the relief sought cannot be obtained during the ordinary course of trial or appellate review or through administrative procedures; and

(F) Reasons for granting the writ.

(2) Service on Judge Advocate General. The Clerk shall forward a copy of the petition to the Judge Advocate General of the service in which the case arose.

(3) Brief, answer and reply. Each petition for extraordinary relief shall be accompanied by a brief in support of the petition substantially in the form specified in Rule 24, unless it is filed in propria persona. The Court may issue an order to show cause, in which event the respondent(s) shall file an answer. The petitioner may file a reply to the answer. See Rule 28(b)(1) and (c)(1).

(4) Initial action by the Court. The Court may, as the circumstances require, dismiss or deny the petition, order the respondent(s) to show cause and file an answer within a time specified, or take any other action deemed appropriate, including referring the matter to a special master, who may be a military judge or other person, to make further investigation, to take evidence, and to make such recommendations to the Court as are deemed appropriate. See United States v. DuBay, 17 USCMA 147 (1967).

(5) Hearing and final action. The Court may set the matter for hearing. However, on the basis of the pleadings alone, the Court may grant or deny the relief sought or issue such other order in the case as the circumstances may require.

(6) Electronic message petitions. The Court will docket petitions for extraordinary relief submitted by means of an electronic message.

(A) The message will contain the verbatim text of the petition, will conclude with the full name and address of petitioner's counsel, and will state when counsel placed the written petition and brief required by subsections (a)(1) and (a)(3) in the mail addressed to the Court and to all named respondents in accordance with Rules 36 and 39.

(B) As the Court does not possess the capability for direct receipt of electronic messages, each such message will be transmitted to the Chief of the Appellate Defense Division or Appellate Government Division, as appropriate, within the Office of the Judge Advocate General of petitioner's service, with copies to all named respondents. Upon receipt of the message in the appropriate appellate division office, clearly legible copies will be reproduced and filed in accordance with Rule 37 by an appellate counsel appointed within such office.

(b) Writ appeal petition, answer and reply. A writ appeal petition for review of a decision by a Court of Criminal Appeals acting on a petition for extraordinary relief shall be filed by an appellant, together with any available record, within the time prescribed by Rule 19(e), shall be accompanied by proof of service on the appellee, and shall contain the specific information required by subsection (a)(1) above. In addition, unless it is filed in propria persona, such petition shall be accompanied by a supporting brief substantially in the form specified in Rule 24. If such petition is filed in propria persona, appellate military counsel designated by the Judge Advocate General in accordance with Rule 17 will file a supporting brief no later than 20 days after the issuance by the Clerk of a notice of docketing of the petition. The appellee shall file an answer no later than 10 days after the filing of the appellant's brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee's answer. See Rule 28(b)(2) and (c)(2). Upon the filing of pleadings by the parties, the Court may grant or deny the writ appeal petition or take such other action as the circumstances may require.

(As amended Oct. 12, 1994.)