Form, Content, and Type-Volume Limitations

(a) Form and Content. All briefs will conform to the printing, copying, and style requirements of Rule 37, be legible, and be substantially as follows: IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES UNITED STATES, (Appellee) (Appellant) (Respondent) BRIEF ON BEHALF OF (APPELLANT, APPELLEE, ETC.) v. _________________________ (Full typed name, grade, & service of accused), (Appellant) (Appellee) (Petitioner) Crim. App. Dkt. No. USCA Dkt. No. [For Court use only] Index of Brief [See Rule 37(c)(1)] Table of Cases, Statutes, and Other Authorities Issue(s) Presented [Set forth, in a concise statement, each issue for which the Court granted review; each issue raised in the certificate for review; each issue presented in the petition for extraordinary relief, writ-appeal petition, or petition for new trial; or each issue raised by a party in a mandatory review case. Issues presented will be set forth in standard bold sentence case.] 25 Statement of Statutory Jurisdiction [Set forth the statutory basis of the Court of Criminal Appeals’ jurisdiction and the statutory basis for this Court’s jurisdiction.] Relevant Authorities [The constitutional provisions, treaties, statutes, rules, ordinances, and regulations involved in the case, set out verbatim with appropriate citation. Alternatively, if a citation of the provision alone suffices at this point, the provision’s pertinent text may be subsequently set out in an appendix to the brief. All citations must adhere to the specifications set forth in Rule 36B.] Statement of the Case [Set forth a concise chronology, including all relevant dates, to include: (A) the results of the trial; (B) actions of reviewing authorities and the Court of Criminal Appeals; (C) the disposition of a petition for reconsideration or rehearing, if filed; and (D) any other pertinent information regarding the proceedings, including, where applicable, the date the Court granted the petition for review.] Statement of Facts [Set forth a concise statement of the facts of the case material to the issues presented, including references to each relevant portion of the record of trial. Answers may adopt the appellant’s or petitioner’s statement of facts if there is no dispute, state additional facts, or if there is a dispute, restate the facts as they appear from the appellee’s or respondent’s viewpoint. Avoid reciting uncontroverted matters.] References to the Record [References to the parts of the record must be to the pages of the joint appendix. All parties must include as an attachment to the brief copies of unpublished opinions cited in that brief, unless such opinions are available online.] Summary of Argument [Each brief and answer must contain a summary of argument, suitably paragraphed to correspond to each issue presented. The summary should be a succinct but accurate and clear condensation of the arguments made in the body of the brief.] Argument [Discuss the point(s) of law presented, citing and quoting pertinent authorities. The argument must also include for each issue presented a statement of the applicable standard of review. The standard of review may appear in the discussion of each issue or under a separate heading.] Conclusion [State the relief sought as to each issue presented, for example, reversal of the Court of Criminal Appeals’ decision and dismissal of the charges, grant of a new trial, the extraordinary relief sought, etc. No particular form or language is required, so long as the brief concludes with a clear prayer for specific Court action.] 26 (Signature of counsel) _______________________________ (Typed name of counsel) _______________________________ (Address of counsel) _______________________________ (Email address of counsel) _______________________________ (Telephone no. of counsel) CERTIFICATE OF FILING AND SERVICE [Insert the certificate of service located in Rule 39(c)(2).] ________________________________________ (Typed name and signature) ________________________________________ (Address, email address, and telephone no.) (b) Type-Volume Limitations. Unless otherwise authorized by order of the Court or by motion of a party granted by the Court (see Rule 30), or by Rule 23(b), the type-volume limitations for briefs filed with the Court, not including appendices, are as follows: (1) A brief of the appellants/petitioners and an answer of the appellees/respondents may not exceed 13,000 words. (2) A reply may not exceed half of the words (6,500) specified in Rule 24(b)(1). (3) Headings, footnotes, and quotations count toward the word limitation. The index, table of cases, statutes, and other relevant authorities, the appendix and any certificates of counsel do not count toward the limitation. (c) Certificate of Compliance. A brief submitted under Rule 24(b) 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. (d) Form of Certificate of Compliance. CERTIFICATE OF COMPLIANCE WITH RULE 24(b) This brief complies with the type-volume limitation of Rule 24(b) because: This brief contains [state the number of] words. 27 This brief complies with the typeface and type style requirements of Rule 37. /s/ Attorney for Dated: (e) Joint Appendix. In addition to electronically filing a joint appendix, the appellant or petitioner is responsible for filing eight paper copies of a joint appendix, which is a separate document filed contemporaneously with the brief. (1) Contents. The joint appendix must contain: (A) a copy of the official decision of the Court of Criminal Appeals; (B) copies of unpublished opinions cited in the brief of the appellant or petitioner, unless such opinion is available online; (C) relevant docket entries from the proceeding below; (D) relevant portions of the pleadings, charges, and findings from the proceeding below; (E) other parts of the record of trial, set out in chronological order, to which the parties wish to direct the Court’s attention. (2) Format. The joint appendix will be sent electronically in a PDF document and produced on 8.5 by 11-inch white paper. It will be bound in a manner that is secure and does not obscure the text and will permit the contents to lie reasonably flat when open. The cover must be white and contain the caption of the case and docket number. The cover is followed by a table of contents. Pages in the joint appendix are sequentially numbered in a manner that does not obscure any page numbers reflected in the record of trial. If the joint appendix consists of less than 100 pages, it may be reproduced by single-sided or double- sided copying. If it consists of 100 pages or more, the joint appendix will use double-sided copying. Audio and video recordings may be filed electronically or produced on a CD or DVD. (3) Deadline. Unless the Court otherwise orders, the joint appendix must be filed contemporaneously with the brief of the appellant or petitioner. If a cross-appeal is filed, a single joint appendix must be filed for both appeals, subject to a briefing schedule the Clerk establishes. The appellant or petitioner must serve one copy on opposing counsel. (4) Agreement and Designation. The parties are encouraged to agree on the contents of the joint appendix. In the absence of agreement, the appellant or petitioner must serve on the appellee or respondent a designation of the issues to be raised on appeal and of the parts of the record to be included in the joint appendix. Service must be made within seven days of the order granting the petition, the Judge Advocate General filing a certificate for review, the notice of the docketing of a mandatory review case, or the filing of 28 a petition for new trial, petition for extraordinary relief or a writ-appeal petition. The appellee or respondent may, within seven days after receiving the designation, serve on the appellant or petitioner a designation of the additional parts of the record to draw to the attention of the Court. The appellant or petitioner must include the parts designated by the appellee or respondent in the joint appendix. The parties must avoid designating unnecessary parts of the record because the entire record is available to the Court. In the event a cross-appeal is filed, the Clerk will establish deadlines for designations. (5) Dispensing With Requirement. The Court, on its own motion or that of a party, may dispense with the requirement for a joint appendix and may permit a case to be heard on the original record with any copies of the record or parts thereof that the Court may order the parties to file.