Filing of Pleadings

(a) In General. Parties are expected to file electronically. Pleadings or other papers relative to a case may be filed in the Clerk’s office, 450 E Street, Northwest, Washington, D.C. 20442-0001, either in person, by mail, or by third-party commercial carrier. See Rule 37(b)(2). 38 (b) Electronic Filing (1) If the petition for grant of review and the supplement to the petition for grant of review are filed electronically, an appendix to the supplement (containing the decision of the Court of Criminal Appeals, matters submitted pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), and other required matter) must also be filed electronically. (2) The joint appendix to the brief must be filed in paper form and must also be filed electronically. See Rule 24. Record matters in the form of video and audio media on CD-ROM or DVD shall be submitted in a separate volume of the appendix that is filed in accordance with Rule 21(b). If the appellant or petitioner files the brief electronically, the joint appendix must be filed on the same day the brief is filed. (3) Counsel may electronically file pleadings by emailing them to the following email address: [email protected]. (4) The pleadings are filed as of the date and time of the transmission of the email. email. (5) The email must contain the following in the subject block: (A) the name of the case; (B) the docket number if a docket number has been assigned; and (C) the words “electronic filing.” (6) A description of the nature of the pleading must be included in the body of the (7) The pleading must be attached to the email in PDF format. (8) Counsel must send an electronic copy of the message and all attachments to opposing counsel to accomplish service of the pleading under Rule 39 by listing opposing counsel as a “cc” recipient of the email. (9) The brief attached to an electronic filing must contain the conformed signature (“/s/”), electronic signature, or digital signature of the attorney of record. See Rule 38(c). (10) If a pleading is filed electronically, the party filing the pleading is not required to prepare and file printed copies of that pleading under Rules 37(a) and 37(b)(2). The Court will send a reply email to the sender indicating receipt of the electronic filing. Electronic filers are advised that, if they do not receive a reply email by the following business day, they should immediately contact the Clerk’s office. (11) Classified material and material under seal cannot be filed electronically. Classified material and material under seal may only be filed in accordance with Rule 35A. 39 (12) Counsel must redact the following personal data identifiers from documents filed with the Court: (A) Social security numbers; (B) Dates of birth; (C) Names of minors; (D) Names of victims or complainants; (E) Financial account numbers; (F) Personal email addresses; (G) Personal phone numbers; and (H) Home addresses. (c) Filing in Person. If a pleading or other paper is filed in person, such filing must be delivered pursuant to Rule 9(e). (d) Filing by Mail. If a pleading or other paper is filed by mail, it must be done by depositing it with the United States Postal Service, with no less than first-class postage prepaid, properly addressed to the Clerk’s office. If a pleading is filed through a third-party commercial carrier, it must be done by delivery to the commercial carrier for delivery within three calendar days. (e) Time of Filing. Pleadings or other papers are filed on the date they are delivered to the Clerk’s office under subsection (c) of this Rule or on the date they are mailed or delivered to a commercial carrier under subsection (d) of this Rule. See Rules 37(b)(1), 39(b)(5). (f) Non-Compliant Pleadings. If any pleading or other paper is not filed in compliance with these rules, the Court may issue an order to show cause, dismiss the proceeding, or return the proffered pleading or paper on its own motion or a party’s motion. See Rule 37(b)(1). (g) Pro Se Filings. A pro se filing is a filing that is made by a person on his or her own behalf and that is not signed by at least one counsel who is participating in the case. See Rule 38(a). Pro se filings must include a statement indicating whether the filer is currently represented by designated military or other counsel. A person who is represented by counsel may make a pro se filing only if the Court grants leave to file for good cause shown. To establish good cause, the person must explain why representation by that counsel is inadequate. A person making a pro se filing must follow all the Court’s Rules of Practice and Procedure. The Court and its employees may not give legal help or advice to any person. 40