JUDGE ADVOCATE GENERAL’S CORPSUnited States Armed Forces

Rules of Appellate Procedure

Historical rulebook. Rules of Practice and Procedure

Pending ApprovalVersion 1

Rule 1. Reviewing authority

Review exists only where governing law permits it. Service appeals are directed to the respective Assistant Judge Advocate General when that office has jurisdiction. Superior review is directed to the Judge Advocate General where authorized. An unstaffed office or a conflict requires a recorded assignment to a lawful, unconflicted reviewer.

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Rule 2. Appealable decisions

A final judgment or other decision designated as reviewable by governing law may be appealed. Review of an intermediate ruling requires permission or an express legal entitlement. These rules do not create a prosecution right to appeal an acquittal or another otherwise unreviewable decision.

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Rule 3. Notice and time

Unless governing law sets another deadline, a notice of appeal should be filed within 72 hours after verified delivery of the written decision. It must identify the case, challenged decision, requested relief, and alleged error. The reviewer may extend this temporary deadline for reasonable cause; the order must state the new date, time, and time zone.

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Rule 4. Record on review

The clerk transmits the challenged decision, relevant docket entries, admitted exhibits, hearing record where available, and material rulings. Parties may identify an omission or dispute the accuracy of the record. Restricted material retains its restrictions and must be shared only with persons authorized for appellate review.

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Rule 5. Written submissions

Unless the reviewer orders otherwise, the appellant’s submission is due within five days after notice that the review record is ready, the response within five days after delivery of that submission, and an optional reply within three days after the response. Each submission must identify the relevant record and explain the alleged error or answer. A reply must not introduce an unrelated new ground without permission.

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Rule 6. Scope and standards

Review ordinarily addresses errors raised by a party and material errors affecting fairness or jurisdiction. Legal conclusions are considered independently; factual findings receive appropriate respect for the original court’s opportunity to evaluate the evidence. Discretionary rulings are reviewed for an unreasonable exercise of discretion. A different standard imposed by governing law controls.

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Rule 7. New evidence and hearings

An appeal is ordinarily decided on the existing record. A party offering new evidence must explain why it was not reasonably available earlier and why it could affect the result. The reviewer may order limited factfinding or return the matter to the original court. Oral argument is held when it materially assists review, with reasonable notice to both sides.

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Rule 8. Stays and urgent relief

An appeal does not automatically suspend a ruling unless governing law says so. A stay request must identify the threatened harm, grounds for review, and effect on other parties. The reviewer may impose lawful conditions and must give reasons for urgent relief.

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Rule 9. Disposition

The reviewer may affirm, reverse, modify within lawful authority, or return the matter for further proceedings. The written decision must identify the issues, reasons, result, and any directions. Parties and the clerk must receive the decision. A redacted public copy may be released only after authorized review.

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Rule 10. Superior review and finality

A petition for superior review follows the same 72-hour temporary notice period unless governing law or a controlling order sets another period. It must identify a material legal or procedural issue and the relief sought. There is no automatic further appeal, repeated reopening, or private reconsideration outside the authority provided by governing law.

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