Court of Appeals for the Armed Forces Rules of Practice and Procedure
Rule: 26
Jurisdiction: US
Bluebook Citation: C.A.A.F. R. 26
(a) An amicus curiae brief may be submitted before the Court’s consideration of a petition for grant of review, petition for extraordinary relief, writ-appeal petition, petition for new trial, certified case, mandatory review case, or granted case. (b) A brief of an amicus curiae may be filed: (1) by an appellate government or defense division of an armed service other than that from which the case has arisen; (2) by invitation of the Court; (3) by any person who filed an amicus curiae brief in the Court of Criminal Appeals in this case; or (4) by any other person, including a victim or complainant, by motion for leave to file granted by the Court. (c) All motions and briefs filed under Rule 26(b)(4) must contain a statement of the movant’s interest and why the matters asserted are relevant to the disposition of the case. Amicus curiae briefs that bring relevant additional matters to the attention of the Court may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court. The motion to file an amicus curiae brief must also provide a statement as to whether the parties consent to the filing. Only an attorney admitted to practice as a member of the Bar of the Court or an attorney admitted pro hac vice in accordance with Rule 13 may file an amicus curiae brief, unless otherwise granted by the Court. (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 29 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. (e) The Court will not delay the hearing or the disposition of a case pending action on a motion for leave to file an amicus curiae brief or a motion of an amicus curiae to participate in a hearing. (f) Except for good cause shown, a brief of an amicus curiae may be no more than one-half the maximum length authorized by Rule 24 for a brief of an appellant/petitioner. If the Court grants a party permission to file a longer brief, that does not affect the maximum length of an amicus curiae brief. A brief submitted under this Rule must include a certificate stating that the number of words in the brief complies with the applicable type- volume limitations of this Rule and Rule 37. (g) A member of the Bar of the Court who represents an amicus curiae and is authorized to file a brief under paragraph (b) of this Rule may file a motion for leave to have a law student enter an appearance on behalf of an amicus curiae. The supervising attorney and law student must comply with the requirements of Rule 13A. Argument by a law student granted permission to appear on behalf of an amicus curiae may be requested by motion filed under Rule 30. EXTRAORDINARY RELIEF
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