JUDGE ADVOCATE GENERAL’S CORPSUnited States Armed Forces

Special and extraordinary proceedings

Sections 98–101Page 16 of 22

Section 98 · Extraordinary relief

Extraordinary relief exists for circumstances in which ordinary procedure cannot provide an adequate remedy. A petition should identify the underlying proceeding, the challenged action, the relief requested, the jurisdictional basis, and why normal procedure is inadequate.

Extraordinary relief is not simply an express lane for parties who dislike waiting for ordinary appellate review. If ordinary procedure works, the fact that extraordinary relief sounds more impressive does not make it appropriate.

Section 99 · Emergency judicial review

Emergency judicial review may be appropriate where delay itself could defeat meaningful relief. The applicant should explain what is about to happen, when it will happen, why ordinary scheduling is insufficient, and what immediate action is necessary.

The court may temporarily preserve the situation while it considers the matter. The word "emergency" should describe the legal circumstances rather than the applicant's emotional reaction to discovering a deadline.

Section 100 · Orders to show cause

An Order to Show Cause directs an identified person or party to explain why the court should not take a specified action. The order should identify the issue requiring explanation and provide an appropriate opportunity to respond.

An Order to Show Cause is not automatically a final finding of misconduct or liability. In less formal language, the court is saying, "Explain this."

Section 101 · Consolidation and severance

Related proceedings may be consolidated where common parties, facts, legal questions, or judicial issues make combined treatment more efficient and fair. Consolidation may apply to briefing, discovery, hearings, trial, or another stage.

Severance does the opposite. It separates claims, charges, parties, or issues where joint treatment would create confusion, prejudice, incompatible procedures, or another serious problem.

The records remain identifiable either way. Consolidation is case management, not docket soup.

Consult the current rulebooks for controlling authority.