Quorum

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

Rule: 6

Jurisdiction: US

Bluebook Citation: C.A.A.F. R. 6

(a) A majority of the judges in regular active service on the Court constitutes a quorum. The concurrence of a majority of such judges, whether present and voting or voting telephonically or electronically, is required for a final resolution of any matter before the Court, subject to subsections (b), (c), and (d) of this Rule. See Article 144, UCMJ, 10 U.S.C. § 944. (b) The Chief Judge, or the judge performing the Chief Judge’s duties, may issue temporary orders or stays pending the convening of a quorum. (c) If no judge is available, the Clerk may adjourn the Court from day to day. See Rule 9(d). (d) In the event a Senior Judge is recalled under Article 142(e), UCMJ, or an Article III judge is designated under Article 142(f), UCMJ, to sit on the Court, such judge is a judge 6 in regular active service under this Rule with respect to those matters over which that judge has been recalled or designated to serve. To the extent that a judge in regular active service has been replaced under any circumstance set forth in Article 142(e)(1)(A)(i), (ii), or (iii), UCMJ, that judge is not included for reaching a quorum under this Rule. All process of the Court, except mandates, are in the name of the United States and must contain the names and the military grade or civilian office, if any, of the parties.

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