Form of Petition for Extraordinary Relief, Writ-Appeal Petition, Answer,

Court of Appeals for the Armed Forces Rules of Practice and Procedure

Rule: 28

Jurisdiction: US

Bluebook Citation: C.A.A.F. R. 28

and Reply (a) Petition/Writ-Appeal Petition. A petition for extraordinary relief or a writ-appeal petition for review of a Court of Criminal Appeals decision on application for extraordinary relief must include any order or opinion and parts of the record that may be essential to understanding the matters set forth in the petition, and must be substantially in the following form: IN THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES In Re [Petition for Extraordinary Relief only] (or) ________________, (Petitioner) (Appellant) v. ________________, (Respondent) (Appellee) IN THE NATURE OF (Type of Writ Sought) OR WRIT-APPEAL PETITION FOR REVIEW OF (Name of Service) COURT OF CRIMINAL APPEALS DECISION ON APPLICATION FOR EXTRAORDINARY RELIEF Crim. App. Dkt. No. ___________ USCA Dkt No. ___________ [For Court Use Only] The (petitioner) (appellant) hereby prays for an order directing the (respondent) (appellee) to: Preamble [Briefly state the relief sought.] I Issues Presented [Set forth no more than the full questions of law involved.] II Relief Sought 32 [State with particularity the relief that the petitioner or appellant seeks to have the Court order.] III Reasons Relief Not Sought Below [See Rule 27(a)(2)(B)(iii)] IV History of the Case [See Rule 27(a)(2)(B)(i)] V Statement of Facts [See Rule 27(a)(2)(B)(vi)] VI Reasons Why Writ Should Issue [Where applicable, indicate why the Court of Criminal Appeals erred in its decision.] VII Respondents’ Addresses, Telephone Numbers, and Email Addresses [See Rule 27(a)(2)(B)(viii)] ___________________________________________ Signature of the [petitioner][appellant][counsel] ___________________________________________ Address, telephone no., and email address of the [petitioner][appellant][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.) 33 (b) Answer. (1) The respondent’s answer to an order to show cause must be in substantially the same form as that of the petition, except that the answer may incorporate the petitioner’s statement of facts, add supplementary facts, or contest the statement. The respondent must file an answer to the order to show cause no later than fourteen days after service on the respondent of the order requiring such answer, unless the Court’s order specifies a different time. (2) The appellee must file an answer to a writ-appeal petition no later than fourteen days after the appellant files a writ-appeal petition. (c) Reply. The petitioner may file a reply no later than seven days after the respondent files an answer. In the case of a writ-appeal petition, an appellant may file a reply no later than seven days after the appellee files an answer.

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