U.S. CODE

U.S. Code

Rule 30A. Fact Finding

(a) General. The Court will normally not consider any facts outside of the record established at the trial and the Court of Criminal Appeals.

(b) Judicial notice. In an appropriate case, the Court may take judicial notice of an indisputable adjudicative fact.

(c) Remand for fact finding. If an issue concerning an unresolved material fact may affect the Court’s resolution of the case, a party may request, or the Court may sua sponte order, a remand of the case or the record to the Court of Criminal Appeals. If the record is remanded, the Court retains jurisdiction over the case. If the case is remanded, the Court does not retain jurisdiction, and a new petition for grant of review or certificate for review will be necessary if a party seeks review of the proceedings conducted on remand.

(d) Stipulation by the parties. If an issue concerning an unresolved material fact may affect the Court’s resolution of the case, the parties may stipulate to a factual matter, subject to the Court’s approval.

(e) Other means. Where it is impracticable to remand a case to the Court of Criminal Appeals, the Court may order other means to develop relevant facts, including the appointment of a special master to hold hearings, if necessary, and to make such recommendations to the Court as are deemed appropriate.

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