Parties

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

Rule: 8

Jurisdiction: US

Bluebook Citation: C.A.A.F. R. 8

(a) The title of any case filed with the Court must contain the name and military grade of an accused and, where appropriate, the official military or civilian title of any named party who is an agent or officer of the United States acting in such official capacity. In the case of an appeal taken by the United States under Article 62, UCMJ, 10 U.S.C. § 862, the Court dockets the appeal under the same title given to the action in the court- martial, with the accused and the United States denominated as the sole parties therein. (b) The party petitioning for grant of review of a decision of a Court of Criminal Appeals, whether from a decision on appeal by the United States under Article 62, UCMJ, or from a decision affecting the findings or sentence or both of a court-martial, or from a decision on application for extraordinary relief, is the appellant. Other named parties are the appellees. (c) Absent statutory authority, victims and complainants are not recognized as parties before the Court. However, the Court may afford either a victim or a complainant, whether represented by counsel or not, the rights of service of a party and the right to file an amicus curiae brief. See Rules 26, 39. A victim or a complainant must promptly serve, upon filing with the Court, the filing on all parties, including amici. (d) When a Judge Advocate General files a certificate for review, the party prevailing below on the certified issues is the appellee. The other party is the appellant. (e) When a mandatory review case is filed, the accused is the appellant. The other party is the appellee. (f) All parties filing a petition for extraordinary relief with the Court are petitioners. All parties to the proceeding below other than petitioners are respondents. 7 CLERK’S OFFICE

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