Rule 19. Time Limits

(a) Petition for grant of review/supplement/answer/reply. (1) A petition for grant of review shall be filed no later than 60 days from the earlier of:

(A) the date on which the appellant is notified of the decision of the Court of Criminal Appeals; or

(B) the date on which a copy of the decision of the Court of Criminal Appeals, after being served on appellate counsel of record for the appellant (if any), is deposited in the United States mails 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 for the appellant in his official service record. Under circumstances where certified mail is not available, registered mail may be used. See Article 67(b), UCMJ, 10 USC § 867 (b) (1989).

(2) A certificate of notification shall be placed in the appellant’s record of trial setting forth the manner and date that the appellant was notified of the decision of the Court of Criminal Appeals 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 will be deemed to have been filed on the date when the petition has been mailed or delivered by an appellant or by counsel on behalf of an appellant directly to the Court.

(4) Any petition for grant of review received from an appellant or counsel on behalf of an appellant shall, upon receipt, be accepted and docketed by the Clerk. If it appears that such petition is not in accord with Article 67, UCMJ, 10 USC § 867 (1989), or with the Court’s rules, the United States may move to dismiss such petition.

(5)

(A) Article 62, UCMJ, appeals. In cases involving a decision by a Court of Criminal Appeals on appeal by the United States under Article 62, UCMJ, 10 USC § 862 (1983), a supplement to the petition establishing good cause in accordance with Rule 21 shall be filed no later than 20 days after the issuance by the Clerk of a notice of docketing of such a petition for grant of review. See Rule 10 (c). An appellee’s answer to the supplement to the petition for grant of review shall be filed no later than 10 days after the filing of such supplement. A reply may be filed by the appellant no later than 5 days after the filing of the appellee’s answer.

(B) Other appeals. In all other appeal cases, a supplement to the petition establishing good cause in accordance with Rule 21 shall be filed no later than 30 days after the issuance by the Clerk of a notice of docketing of a petition for grant of review. See Rule 10 (c). An appellee’s answer to the supplement to the petition for grant of review may be filed no later than 30 days after the filing of such supplement. See Rule 21 (e). A reply may be filed by the appellant no later than 10 days after the filing of the appellee’s answer.

(6) The Court shall act promptly on a petition for grant of review. See Article 67(b), UCMJ, 10 USC § 867 (b) (1989).

(7) 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, 10 USC § 862 (1983), no further pleadings will be filed and the Court will, whenever practicable, give priority to such cases.

(B) Other appeals. Where a petition has been granted in all other appeal cases and briefs have been ordered, an appellant’s brief shall be filed in accordance with Rule 24 no later than 30 days after the date of the order granting the petition. An appellee’s answer shall be filed no later than 30 days after the filing of an appellant’s brief. A reply may be filed by the appellant no later than 10 days after the filing of the appellee’s answer.

(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, 10 USC § 862 (1983), a certificate for review, together with a supporting brief in accordance with Rule 24 on behalf of the appellant, shall be filed with the Court by the Judge Advocate General no later than 30 days after the date of the decision of the Court of Criminal Appeals. See Rules 22 and 34 (a). An appellee’s answer shall be filed no later than 10 days after the filing of such certificate for review and supporting brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee’s 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 behalf of the appellant, shall be filed with the Court by the Judge Advocate General no later than 30 days after the date of the decision of the Court of Criminal Appeals. See Rules 22 and 34 (a). An appellee’s answer shall be filed no later than 10 days after the filing of such certificate for review and supporting brief. A reply may be filed by the appellant no later than 5 days after the filing of the appellee’s 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 shall be filed no later than 30 days after the date of the decision of the Court of Criminal Appeals. See Rules 22 and 34 (a). An appellant’s brief shall be filed in accordance with Rule 24 no later than 30 days after the issuance by the Clerk of a notice of docketing of the certificate for review. An appellee’s answer shall be filed no later than 30 days after the filing of an appellant’s brief. A reply may be filed by the appellant no later than 10 days after the filing of the appellee’s answer.

(c) Mandatory review case. The record in a mandatory review case shall be filed with the Court by the Judge Advocate General, together with the form prescribed by Rule 23 (a), upon the expiration of the time for filing a petition for reconsideration of the decision of the Court of Criminal Appeals or, in the event of the filing of such petition, upon the final disposition thereof. A brief setting forth assigned errors shall be filed by the appellant in accordance with Rule 24 no later than 60 days after the issuance by the Clerk of a notice of docketing of the case. An appellee’s answer shall be filed no later than 60 days after the filing of the appellant’s brief. A reply may be filed by the appellant no later than 20 days after the filing of the appellee’s answer.

(d) Petition for extraordinary relief. A petition for extraordinary relief under Rule 4 (b)(1) shall be filed as soon as possible but, in any event, no later than 20 days after the petitioner learns of the action complained of. However, a petition for a writ of habeas corpus or writ of error coram nobis may be filed at any time. See Rules 27 (a) and 28. The Court will, whenever practicable, give priority to such cases.

(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 shall be filed no later than 20 days after the date the decision of the Court of Criminal Appeals is served on the appellant or appellant’s counsel. An appellee’s answer shall be filed no later than 10 days after the filing of the writ appeal petition. A reply may be filed by the appellant no later than 5 days after the filing of the appellee’s answer. See Rules 27 (b) and 28. The Court will, whenever practicable, give priority to such cases.

(f) Petition for new trial. When a petition for new trial has been filed with the Court in a case pending before the Court, a brief in support thereof, unless expressly incorporated in the petition, shall be filed no later than 30 days after the issuance by the Clerk of a notice of the filing of the petition. An appellee’s answer shall be filed no later than 30 days after the filing of an appellant’s brief. A reply may be filed no later than 10 days after the filing of the appellee’s answer. See Rule 29.

U.S. Code

Rule 19. Time Limits