Historical rulebook. Rules of Practice and Procedure
Rule 1. Jurisdiction and governing authority
These rules apply to civil matters assigned to the Corps under governing law. They do not create jurisdiction, a cause of action, or a remedy that governing law does not allow. Governing law and a controlling court order take priority over these temporary rules.
Permanent referenceRule 2. Parties and representation
A claimant brings the case and a respondent answers it. A party may appear personally or through a military lawyer authorized to practice. Counsel must disclose conflicts and cannot represent opposing interests in the same matter without a lawful resolution of that conflict.
Permanent referenceRule 3. Commencement and notice
A complaint must identify the parties, the events at issue, the legal basis where known, and the requested remedy. The clerk records the case and gives the respondent notice through an approved channel. The court must verify actual notice before imposing a consequence for nonresponse.
Permanent referenceRule 4. Response and amendments
The respondent should answer within 72 hours after verified notice unless the court sets another deadline. The answer must identify admitted and disputed allegations and any defense or counterclaim. A party may request permission to amend; the court should allow a useful amendment when the other party has a fair opportunity to respond.
Permanent referenceRule 5. Case management and time
The judge sets a schedule suited to the participants’ availability. Time runs in elapsed hours from recorded delivery; every order setting a deadline must state its date, time, and time zone. Extensions may be granted for reasonable cause. No temporary deadline overrides a deadline fixed by governing law.
Permanent referenceRule 6. Disclosure and evidence exchange
Parties must exchange the evidence they intend to rely on and identify their witnesses by the deadline the court sets, ordinarily at least 48 hours before a hearing. Requests must relate to a disputed issue and be proportionate. Privileged, private, or restricted material must be submitted through a protected route; the court resolves disclosure disputes before use at a hearing.
Permanent referenceRule 7. Motions and responses
A motion must state the requested ruling and supporting grounds. Unless urgency requires a different schedule, the opposing party has 48 hours to respond. The court may decide a motion on the record or hold a hearing. A motion does not automatically pause the case or another deadline.
Permanent referenceRule 8. Hearings and decision
The parties must have a reasonable opportunity to present relevant evidence, question adverse witnesses, and answer the other side’s argument. The claimant bears the burden of proving a civil claim by the greater weight of the evidence unless governing law sets another standard. The judge must decide disputed issues impartially and give reasons for the result.
Permanent referenceRule 9. Default, settlement, and dismissal
Default requires verified notice and a reasonable opportunity to respond; it does not establish an unlawful remedy or excuse unsupported allegations. Parties may submit a settlement for approval where approval is required. A dismissal must state whether the claim may be brought again.
Permanent referenceRule 10. Judgment and review
A judgment must identify the parties, findings, ruling, remedy, and any compliance deadline. Only remedies authorized by governing law may be ordered. A party seeking review must follow the Rules of Appellate Procedure. Enforcement is paused only by an express stay or controlling law.
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