Factfinding

(a) Requests to consider factual material that is not contained in the record must be presented by a motion to supplement the record filed pursuant to Rule 30. The motion must explain why the facts were not established at trial or in the Court of Criminal Appeals and why it is appropriate that they be considered for the first time in the Court. (b) Judicial Notice. The Court may take judicial notice of an indisputable adjudicative fact. (c) Remand for Factfinding. If an issue concerning an unresolved material fact may affect the Court’s resolution of the case, the Court may remand the case or the record to the Court of Criminal Appeals. If only the record is remanded, the Court retains jurisdiction over the case. See Article 66(f)(3), UCMJ, 10 U.S.C. § 866(f)(3). If the case is remanded, the Court does not retain jurisdiction, and a new petition for grant of review or certificate for review will be necessary if a party seeks review of the proceedings conducted on remand. If the death penalty remains a part of the sentence after remand, a new mandatory review filing in accordance with Rule 23 is required. (d) Stipulation by the Parties. If an issue concerning an unresolved material fact may affect the Court’s resolution of the case, the parties may stipulate to that factual matter, subject to the Court’s approval. (e) Other Means. Where it is impracticable to remand a case to the Court of Criminal Appeals, the Court may order other means to develop relevant facts, including the appointment of a special master to make further investigation, to take evidence, and to make recommendations to the Court. 35 RECONSIDERATION