Rule 28. Form of Petition for Extraordinary Relief, Writ Appeal Petition, Answer, and Reply

(a) Petition/writ appeal petition. A Petition for extraordinary relief or a writ appeal petition for review of a Court of Criminal Appeals decision on application for extraordinary relief will be accompanied by any available record and will be substantially in the following form:

in the united states court of appeals for the armed forces

 

[petition for

 

extraordinary relief

 

in the nature of

______________,

(Type of writ sought)]

        (Petitioner)

or

        (Appellant)

[writ appeal petition

   v.

for review of court

______________,

of criminal appeals

        (Respondent)

decision on

        (Appellee)

application for

 

extraordinary relief]

 

[CMR Misc. Dkt. No. ____]

 

[Use for Writ Appeal only]

 

USCA Misc. Dkt. No. __

 

[For Court use only]

Preamble

The (petitioner) (appellant) hereby prays for an order directing the (respondent) (appellee) to:

[Briefly state the relief sought.]

I

History of the Case

[See Rule 27(a)(1)(A)]

II

Statement of Facts

[See Rule 27(a)(1)(B)]

III

Statement of Issue

[Do not include citations of authority or discussion of principles. Set forth no more than the full question of law involved.]

IV

Relief Sought

[State with particularity the relief which the petitioner or appellant seeks to have the Court order.]

V

Jurisdictional Statement

[See Rule 27(a)(1)(E)]

VI

Reasons for Granting the Writ

[Where applicable, indicate why the Court of Criminal Appeals erred in its decision]

________________________________________________      

Signature of [petitioner] [appellant]      

[counsel]      

________________________________________________      

Address & phone number of      

[petitioner] [appellant] [counsel]      

certificate of filing and service

I certify that a copy of the foregoing was [mailed] [delivered] to the Court and [mailed] [delivered] to the [respondent] [appellee] on ________. (Date)

______________________________________      

(Typed name and signature)        

______________________________________      

(Address and telephone no.)        

(b) Answer. (1) The respondent's answer to an order to show cause, if ordered by the Court after consideration of a petition for extraordinary relief, shall be in substantially the same form as that of the petition, except that the answer may incorporate the petitioner's statement of facts, add supplementary facts, or contest the statement. To the extent that the petitioner's statement of facts is not contested by the respondent, it shall be taken by the Court as representing an accurate declaration of the basis on which relief is sought. The answer to the order to show cause will be filed no later than 10 days after service on the respondent of the order requiring such answer, unless a different time for filing the answer is specified in the Court's order.

(2) The appellee's answer to a writ appeal petition shall be filed no later than 10 days after the filing of the appellant's writ appeal petition and supporting brief.

(c) Reply. (1) A reply may be filed by the petitioner no later than 5 days after the filing of a respondent's answer to an order to show cause.

(2) A reply may be filed by an appellant, in the case of a writ appeal petition, no later than 5 days after the filing of an appellee's answer.

(As amended Oct. 12, 1994.)