Petition for Extraordinary Relief, Writ-Appeal Petition, Answer, and

Reply (a) Petition for Extraordinary Relief. (1) A petition for extraordinary relief must be filed within the time prescribed in Rule 19(d), conform in length to Rule 24(b), and be served in accordance with Rule 39. The petitioner must serve a copy of the petition on any trial or appellate military judge whose decision, judgment, or order is the subject of the petition. (2)(A) The petition for extraordinary relief must be captioned “In Re [name of petitioner].” (B) The petition must contain: (i) a history of the case, including whether prior actions or requests for the same relief have been filed or are pending in this or any other forum and the disposition or status thereof; (ii) the jurisdictional basis for relief sought; (iii) the reasons relief has not been sought from the appropriate Court of Criminal Appeals, if that is the case (see Rule 4(b)(1)); (iv) the relief sought; 30 (v) the issues presented; (vi) the facts necessary to understand the issues presented; (vii) the reasons why the writ should issue; and (viii) the mailing address, telephone number, and email address of each respondent. (C) The petition must include copies of any order or opinion and parts of the record that may be essential to understand the matters set forth in the petition. (D) Service on Judge Advocate General. The Clerk will forward a copy of the petition to the Judge Advocate General of the service in which the case arose. (3) Denial; Order Directing Answer; Briefs; Precedence. (A) No answer may be filed unless ordered by the Court. The Court may deny the petition without answer, or it may order the respondent to answer within a fixed time. The Court may also take any other action, including referring the matter to a special master to make further investigation, to take evidence, and to make recommendations to the Court. If an answer is filed, a petitioner may file a reply in seven days. (B) When the Court directs that an answer be filed, two or more respondents may answer jointly. (C) The Court may invite or order any trial or appellate military judge whose decision, judgment, or order is the subject of the petition to respond and may invite an amicus curiae to do so. A trial or appellate military judge may request permission to respond but may not do so unless the request is granted. (D) The Court may set the matter for hearing, or the Court may grant or deny the relief sought or issue such other order as the circumstances may require on the basis of the pleadings alone. (b) Writ-Appeal. (1) Writ-Appeal Petition, Answer, and Reply. An appellant must file a writ- appeal petition for review of a decision by a Court of Criminal Appeals acting on a petition for extraordinary relief, together with any available record, including the items specified in subsection (a)(2)(C), within the time Rule 19 prescribes. The petition must conform in length to Rule 24(b) and contain the information Rule 27(a)(2)(B) requires. The appellee may file an answer no later than fourteen days after the appellant files the writ-appeal petition. The appellant may file a reply no later than seven days after the appellee files an answer. (2) Priority Writ-Appeal for Article 6b Writs. To the extent practicable, review of any decision of the Courts of Criminal Appeals on a petition for mandamus, pursuant to Article 6b(3), UCMJ, 10 U.S.C. § 806b(3), will have priority over all other proceedings before the Court. 31