U.S. Court of Appeals for the Armed Forces Proposed Rules Changes, 66365 [2024-18280]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Notices]
[Page 66365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18280]



[[Page 66365]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2024-OS-0065]


U.S. Court of Appeals for the Armed Forces Proposed Rules Changes

AGENCY: Office of the Secretary, Department of Defense (DoD).

ACTION: Notice of responses to comments received on the proposed Rules 
of Practice and Procedure, United States Court of Appeals for the Armed 
Forces.

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SUMMARY: This notice contains the responses to comments received on the 
proposed Rules of Practice and Procedure, United States Court of 
Appeals for the Armed Forces. Although these rules of practice and 
procedure fall within the Administrative Procedure Act's exemptions for 
notice and comment, the Department, as a matter of policy, has decided 
to make these changes available for public review and comment before 
they are implemented.

DATES: Applicable September 16, 2024.

FOR FURTHER INFORMATION CONTACT: Malcolm H. Squires, Jr., Clerk of the 
Court, telephone (202) 761-1448.

SUPPLEMENTARY INFORMATION:

Discussion of Comments and Changes

    On June 7, 2024, the United States Court of Appeals for the Armed 
Forces published a notice titled U.S. Court of Appeals for the Armed 
Forces Proposed Rules Changes in the Federal Register (89 FR 48601). 
Comments were accepted for 30 days until July 8, 2024. A total of five 
comments were received. Please see the summarized comments and the 
Court's responses below.

I. Public Comments

    The publication of this notice finalizes the interim final rules 
published on June 6. The Court, after circulating the proposed comments 
amongst its Rules Committee and the five active judges, has decided to 
adopt some comments in part and reject others.
    Several comments concerned the reduction in time for amicus to file 
briefs. The Court has decided to accept these proposals and expand the 
time to file amicus briefs in support of parties to fourteen days. 
Similarly, after reviewing the comments, the Court has decided to 
expand the time to submit a waiver letter under Rule 21 to fourteen 
days.
    Another comment was directed at the Court's student practice rule 
and suggested that the rules account for law students who do not attend 
an ABA accredited law school. After circulating the comment for review 
amongst the Rules Committee and the five active judges, the Court has 
decided not to make any changes to the proposed Rule 13A, as the rules 
provide that the Court may grant exceptions to any of the rules as is 
necessary.

II. Revisions to the Original Notice

    The new Rule 21 will read:
* * * * *
    (c) * * *
    (2) Answer/Reply in Other Appeals. An appellee's answer to the 
supplement to the petition for grant of review in all other appeal 
cases may be filed no later than twenty-one days after the filing of 
such supplement (see Rule 2l(e)). As a discretionary alternative if a 
formal answer is waived, an appellee may file with the Clerk a short 
letter, within fourteen days after the filing of the appellant's 
supplement to the petition, setting forth one of the following 
alternative positions:
    (i) that the United States submits a general opposition to the 
assigned error(s) of law and relies on its brief filed with the Court 
of Criminal Appeals; or (ii) that the United States does not oppose the 
granting of the petition (for some specific reason, such as an error 
involving an unsettled area of the law). An appellant may file a reply 
no later than seven days after the filing of the appellee' s answer or 
answer letter.
* * * * *
    Comment: The time to submit a waiver letter was expanded to 
fourteen days after the filing of the appellant's supplement to the 
petition.
    The new Rule 26 will read:
* * * * *
    (d) An amicus curiae brief in support of a party must be filed no 
later than fourteen days after that party has filed its brief, 
supplement to the petition for grant of
    review, petition for extraordinary relief, writ-appeal petition, or 
answer. If no party is supported, the amicus curiae brief must be filed 
no later than seven days after the filing of the brief of the 
appellant/petitioner. In the case of a petition for new trial, the 
amicus curiae must file its brief no later than fourteen days after the 
petitioner has filed its brief with the Court. Motions for leave to 
file an amicus curiae brief under Rule 26(b)(4), together with the 
proposed brief, must be filed within the time allowed for filing the 
brief.
* * * * *
    Comment: The time to file amicus curiae brief in support of a party 
was expanded to fourteen days after the original party has filed its 
brief.

    Dated: August 9, 2024.
Patricia L. Toppings,
OSD Federal Liaison Officer, Department of Defense.
[FR Doc. 2024-18280 Filed 8-14-24; 8:45 am]
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