Time Limits

(1) The appellant must file a petition for grant of review no later than sixty days from the earlier of: (A) The date on which the appellant is notified of the Court of Criminal Appeals’ decision; or (B) The date on which a copy of the Court of Criminal Appeals’ decision, after being served on appellate counsel of record for the appellant (if any), is deposited in the United States mail for delivery by first-class certified mail to the appellant at an address provided by the appellant or, if no such address has been provided by the appellant, at the latest address listed in the appellant’s official service record. Under circumstances where certified mail is not available, registered mail may be used. See Article 67(b), UCMJ. (2) A certificate of notification is placed in the appellant’s record of trial setting forth the manner and date that the appellant was notified of the Court of Criminal Appeals’ decision or the date that a copy of such decision was mailed to the appellant after service of a copy of such decision on appellate defense counsel of record. (3) For purposes of this Rule, a petition for grant of review is filed on the date when the petition was mailed or delivered by an appellant or by counsel on behalf of an appellant directly to the Court. (4) The Clerk will, upon receipt of a petition for grant of review, docket the petition. If it appears that such petition is not in accord with Article 67, UCMJ, or with the Court’s rules, the United States may move to dismiss such petition. (5) Filing of Petitions. (A) Petition Filed by Counsel. In all cases where counsel files the petition, counsel will file contemporaneously with the petition a supplement to the petition establishing good cause in accordance with Rule 21. A motion for leave to file the supplement subsequent to the filing of the petition will be considered under Rule 30. If granted, the supplement must be filed within twenty-one days of the order. Any further motion for extension of time to file the supplement, while disfavored, may be granted for good cause shown. (B) Petition Filed by Appellant. In all cases where the petition is filed by the appellant, any supplement to the petition must be filed no later than twenty-one days after the Clerk issues a notice that the petition was docketed. See Rule 10(c). An appellee’s answer to the supplement to the petition and an appellant’s reply may be filed in accordance with the time limits contained in Rule 21. (C) Grostefon Issues. Issues raised pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), if not raised earlier, may be presented to the Court by motion filed pursuant to Rule 30(a) no later than twenty-eight days following the filing of the supplement to the petition. 14 (6) Granted Petitions. (A) Article 62, UCMJ, Appeals. Where a petition has been granted in a case involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, no further pleadings may be filed, and the Court will, whenever practicable, give priority to such cases. (B) Other Appeals. In all cases not covered by the foregoing rules, including cases returned by mandate from the Supreme Court of the United States, the Clerk will issue a briefing order promptly to provide the appropriate timing and sequence of filings. (b) Certificate for Review / Brief / Answer / Reply: (1) Article 62, UCMJ, Cases. In cases involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, a certificate for review, together with a supporting brief in accordance with Rule 24 on the appellant’s behalf, must be filed with the Court by the Judge Advocate General no later than sixty days after the date of the Court of Criminal Appeals’ decision. See Rules 22, 34(a). An appellee may file an answer no later than fourteen days after such certificate for review and supporting brief is filed. An appellant may file a reply no later than seven days after appellee files its answer. (2) Extraordinary Relief Cases. In cases involving a decision by a Court of Criminal Appeals on application for extraordinary relief filed therein, a certificate for review, together with a supporting brief in accordance with Rule 24 on the appellant’s behalf, must be filed with the Court no later than sixty days after the date of the Court of Criminal Appeals’ decision. See Rules 22, 34(a). An appellee may file an answer no later than fourteen days after such certificate for review and supporting brief is filed. The appellant may file a reply no later than seven days after the appellee files its answer. (3) Other Cases. In all other cases involving a decision by a Court of Criminal Appeals, a certificate for review filed by the Judge Advocate General must be filed either: (a) no later than sixty days after the date of the Court of Criminal Appeals’ decision (see Rules 22, 34(a)); or (b) no later than thirty days after a petition for grant of review is granted. In cases that involve both granted and certified issues, the Clerk may establish a consolidated briefing schedule for all issues. In cases that involve only certified issue(s), an appellant’s brief must be filed in accordance with Rule 24 no later than twenty-eight days after the Clerk issues a notice that the certificate for review was docketed. An appellee’s answer must be filed no later than twenty-eight days after an appellant’s brief is filed. The appellant may file a reply no later than fourteen days after the appellee’s answer is filed. (c) Mandatory Review Cases. The Judge Advocate General must file the record in a mandatory review case, utilizing the form prescribed by Rule 23(a). The record must be filed within thirty-five days of the expiration of the time for filing a petition for reconsideration of the Court of Criminal Appeals’ decision or, in the event of the filing of such petition, upon the final disposition thereof. The appellant must file a brief setting forth assigned errors in accordance with Rule 24 no later than sixty days after the Clerk issues a notice that the case was docketed. An appellee may file an answer no later than 15 sixty days after the appellant’s brief is filed. The appellant may file a reply no later than twenty-one days after appellee’s answer is filed. (d) Petition for Extraordinary Relief. A petition for extraordinary relief under Rule 4(b)(1) will be filed as soon as possible but, in any event, no later than twenty-one days after the petitioner learns of the action that is the basis of the petition. A petition for a writ of habeas corpus or writ of error coram nobis may be filed at any time. See Rules 27(a), 28. (e) Writ-Appeal Petition. A writ-appeal petition under Rule 4(b)(2) for review of a decision by a Court of Criminal Appeals acting on a petition for extraordinary relief must be filed no later than twenty-one days after the date the decision of the Court of Criminal Appeals is served on the appellant. An appellee may file an answer no later than fourteen days after the writ-appeal petition is filed. The appellant may file a reply no later than seven days after the appellee’s answer is filed. See Rules 27(b), 28. (f) Petition for New Trial. When a petition for new trial is filed with the Court in a case pending before the Court, a brief in support thereof, unless expressly incorporated in the petition, must be filed no later than twenty-eight days after the Clerk issues a notice that the petition was filed. The appellee may file an answer no later than twenty-eight days after the appellant’s brief is filed. The appellant may file a reply no later than fourteen days after the appellee’s answer is filed. See Rule 29. (g) Timely Motion for Reconsideration Before the Court of Criminal Appeals. If an appeal is filed in this Court before the expiration of time to file a motion for reconsideration in a Court of Criminal Appeals, this Court, upon the prompt filing of a motion to dismiss by a party stating that a timely motion for reconsideration is pending in a Court of Criminal Appeals, may dismiss the appeal without prejudice and remand the case to the Court of Criminal Appeals for resolution of the motion for reconsideration. Following a decision by the Court of Criminal Appeals on the motion for reconsideration, review may be sought in the Court under Article 67, UCMJ. (h) Unless otherwise prohibited by statute or these rules, a motion for extension of time may be sought within the time for filing the applicable pleading or brief. 16