Rules of Practice and Procedure of the Judge Advocate General's Corps

Rule 2. Definitions.

For purposes of these Rules:

(a) The term “Judge Advocate General” means the Judge Advocate General exercising the supreme judicial, supervisory, and administrative authority assigned to that office.

(b) The term “Deputy Judge Advocate General” means the Deputy Judge Advocate General exercising the supervisory and administrative authority assigned to that office and, when formally designated in accordance with these Rules, acting for the Judge Advocate General within the limits of that designation.

(c) The term “Assistant Judge Advocate General” means an Assistant Judge Advocate General exercising the judicial, appellate, supervisory, or administrative authority assigned to that office.

(d) The term “Military Judge” means a judicial officer assigned authority over a trial-level proceeding within the military courts governed by these Rules.

(e) The term “Clerk” means an officer or authorized court employee responsible for docketing, records administration, notices, filing administration, and the ministerial functions assigned to the Clerk by these Rules.

(f) The term “military lawyer” means a person certified or otherwise authorized to practice before the military courts governed by these Rules, whether appearing for the Government, an accused, a defendant, a petitioner, an appellant, an appellee, or another represented party.

(g) The term “party” means a person or governmental entity formally designated as a participant entitled to prosecute, defend, seek relief in, or respond to a judicial proceeding.

(h) The term “filing” means a pleading, motion, petition, brief, affidavit, notice, response, reply, evidentiary submission, or other document received and entered upon an official docket in accordance with these Rules.

(i) The term “docket” means the authoritative chronological record of filings, judicial actions, hearings, deadlines, dispositions, and other proceedings maintained for a case or judicial proceeding.

(j) The term “order” means a written judicial command, direction, determination, or disposition entered by a judicial authority possessing jurisdiction over the matter addressed.

(k) The term “judgment” means the final judicial disposition of a case or of a separately appealable matter, including the relief granted or denied and any findings, sentence, punishment, or other consequence incorporated into that disposition.

(l) The term “record” means the authoritative collection of docket entries, filings, orders, evidence, exhibits, hearing records, judgments, and other materials formally made part of a judicial proceeding.

(m) The term “restricted” means information or material for which access is limited to specifically authorized persons according to judicial order, these Rules, or an applicable access designation.

(n) The term “sealed” means information or material removed from ordinary access by judicial order and accessible only as authorized by the sealing order or subsequent judicial action.

(o) The term “service” means the Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard, as applicable to the proceeding.

(p) The term “Case Portal” means the official electronic system designated for filing, docketing, judicial administration, case management, and access to records governed by these Rules.

(q) The term “Uniform Code of Military Justice” means the substantive code of military law in force and applicable to the proceeding at the time relevant to the matter before the court.

Rule 3. Construction and Governing Authority.

(a) These Rules shall be construed according to their text, structure, and the controlling law applicable to the proceeding. A procedural requirement shall be applied in a manner that preserves orderly adjudication, an authoritative judicial record, meaningful notice, and the ability of the proper judicial authority to determine matters within its jurisdiction.

(b) Where these Rules and the Uniform Code of Military Justice address different subjects, each shall govern within its respective field. Where a provision of these Rules cannot be reconciled with controlling substantive law, controlling substantive law governs to the extent of the conflict. A lower judicial authority may not disregard a controlling interpretation of these Rules or the Uniform Code of Military Justice issued by the Judge Advocate General.

(c) A technical feature, database status, interface label, automated notification, or administrative designation within the Case Portal does not create judicial authority or alter the legal effect of these Rules. Judicial authority arises from law, these Rules, lawful assignment, and orders entered pursuant to them.

Rule 4. Judicial Authority and Independence.

(a) Judicial authority over a proceeding belongs to the judicial officer to whom the matter has lawfully been assigned or transferred. Rank, administrative supervision, technical access, or membership in Corps leadership does not independently authorize a person to decide motions, enter orders, conduct hearings, determine findings, impose or modify punishment, or otherwise exercise judicial authority in a case.

(b) A Military Judge shall exercise independent judicial judgment in matters properly assigned to that Military Judge. An Assistant Judge Advocate General shall exercise independent appellate judgment in matters properly within that office's appellate jurisdiction. Neither administrative supervision nor military rank shall be used to direct the result of a particular judicial determination.

(c) The Judge Advocate General possesses the supreme judicial authority established by these Rules and the Uniform Code of Military Justice. Exercise of that authority in a particular case shall occur through the procedures governing review by the Judge Advocate General and shall remain distinct from the Judge Advocate General's administrative authority over the Corps.

Rule 5. Dockets and Judicial Records.

(a) Every judicial proceeding shall possess an authoritative docket. Docket entries shall be sequential, permanent, and sufficient to identify the filing, order, hearing, judgment, or judicial event recorded. A docket number that has been assigned shall not be reused or reassigned because a filing is withdrawn, superseded, sealed, dismissed, or otherwise ceases to govern the proceeding.

(b) Trial proceedings, appeals before an Assistant Judge Advocate General, petitions for a Writ of Certiorari, and merits proceedings before the Judge Advocate General shall maintain separate but permanently linked dockets when these Rules require separate proceedings. Creation of an appellate or review docket shall not erase, renumber, or replace the docket from which review arose.

(c) A filed document shall remain part of the historical record even when later amended, corrected, superseded, or withdrawn. The docket shall identify the relationship between the original and subsequent filing so that the procedural history can be reconstructed without relying upon overwritten documents or mutable interface information.

Rule 6. Time, Extensions, and Judicial Deadlines.

(a) A period prescribed by these Rules or by judicial order shall be computed according to the date and time recorded by the authoritative Case Portal unless the issuing judicial authority expressly provides otherwise. The applicable judicial authority may extend a deadline for good cause upon a timely motion and may permit a late filing upon a showing sufficient to justify relief from the missed deadline.

(b) A request for extension shall identify the deadline affected, the amount of additional time requested, the reason additional time is necessary, and whether another party opposes the request if that information is known. Filing a request for extension does not itself extend the deadline. The existing deadline remains effective unless modified by judicial order.

(c) No filing automatically stays a proceeding merely because the filing seeks review, reconsideration, appellate relief, or extraordinary relief. The effect of an appeal, Petition for a Writ of Certiorari, grant of certiorari, or Petition for Rehearing upon a proceeding is governed by the specific Rule applicable to that procedure.

Rule 7. Electronic Filing.

(a) A document is filed when the authorized filing system accepts the submission and records it upon the authoritative docket. Uploading a document without completing submission, saving a draft, transmitting a document through Discord, sending a document privately to a judicial officer, or otherwise providing a document outside the authorized filing process does not constitute filing.

(b) The Case Portal shall record the filing identity, filing time, submitting account, case, document type, and docket entry necessary to establish the filing's procedural history. A user shall not be permitted to alter the official filing time, docket number, or submitting identity after acceptance.

(c) When a material technical failure prevents a person from using the authorized filing system, the affected person may seek relief from the judicial authority possessing jurisdiction over the matter. The request shall identify the attempted filing, the technical failure encountered, when filing was attempted, and when the filing was successfully completed or otherwise transmitted for consideration.

Rule 8. Form and Content of Filings.

(a) A filing shall identify the court or judicial authority, case number, parties, filing title, submitting party or counsel, and relief sought when relief is requested. The filing shall state its grounds with sufficient specificity to permit the court and opposing parties to understand the matter presented.

(b) A filing that refers to another docket entry should identify that entry by its docket number or another permanent identifier. Exhibits and supporting materials shall be identified sufficiently to preserve their relationship to the filing and shall not be submitted in a manner that obscures their source or procedural purpose.

(c) The Clerk may return a filing for correction when a formal defect prevents docketing or materially interferes with identification of the document. A Clerk's correction notice is ministerial and shall not determine the merits of the filing or whether the requested relief should be granted.

Rule 9. Amendment, Correction, Withdrawal, and Integrity of Filed Documents.

(a) A filed document shall not be silently edited or replaced. A party seeking to amend or correct a filing shall submit a separate amended or corrected filing, which shall receive its own filing identifier, docket entry, filing time, and relationship to the original document. The original shall remain preserved and shall be marked to reflect the subsequent filing.

(b) A party may seek withdrawal of a filing when withdrawal is procedurally permitted. Withdrawal does not erase the filing from the historical docket and does not destroy an order or judicial action already entered in reliance upon it. The docket shall identify the filing as withdrawn and preserve the date and authority for the withdrawal.

(c) Whoever knowingly and willfully alters, destroys, conceals, falsifies, or causes the alteration of an authoritative judicial record for the purpose of misrepresenting what was filed, ordered, adjudicated, or entered commits serious misconduct and may be subject to contempt, professional discipline, administrative action, or proceedings under applicable law. This subsection does not convert an accidental clerical mistake, good-faith correction, or authorized record-management action into misconduct.

Rule 10. Service.

(a) A document requiring service shall be served upon each person entitled to receive it through a method authorized for the proceeding. The service record shall identify the document served, recipient, method, date and time of service, person effecting service, and status of service.

(b) Mere availability of a document within the Case Portal does not constitute legal service unless these Rules, a standing procedure, or a judicial order expressly establishes portal delivery as an authorized method of service for that document. Failure of electronic notification does not by itself invalidate otherwise completed service.

(c) A person may waive service when waiver is legally permitted. Failed or disputed service shall be brought to the attention of the judicial authority possessing jurisdiction over the proceeding, which may direct renewed service or determine the procedural consequences of the defect.

Rule 11. Ordinary, Restricted, and Sealed Material.

(a) Judicial records shall be maintained as ordinary, restricted, or sealed according to their lawful access designation. Restricted material remains part of the case but is available only to persons whose role, assignment, party status, or specific authorization permits access. Sealed material is withheld from ordinary case access pursuant to judicial order.

(b) A request to restrict or seal material shall identify the specific material affected and the basis for restricting access. A sealing order shall identify the material sealed and the persons or classes of persons authorized to access it. A judicial authority may later modify or terminate a sealing order when the basis for sealing no longer requires the restriction.

(c) Whoever knowingly and willfully obtains, discloses, distributes, or uses restricted or sealed judicial material without authority may be subject to contempt, professional discipline, administrative action, or proceedings under applicable law. Access controls shall be enforced by the authoritative backend and shall not depend solely upon whether an interface displays or conceals a link.

Rule 12. Protected Information.

(a) A filing shall not unnecessarily disclose protected personal, investigative, security-sensitive, or privileged information when the judicial purpose of the filing can be accomplished without disclosure. When protected information is necessary to adjudication, the filing party shall use the applicable restricted or sealed procedure rather than placing the information into an unrestricted filing.

(b) A judicial authority may order redaction, restricted access, sealing, substitution of an appropriately redacted copy, or another specifically identified protective measure necessary to prevent improper disclosure while preserving the judicial record. An unredacted original required for adjudication shall remain preserved according to its authorized access designation.

Rule 13. Assignment and Reassignment.

(a) A case shall be assigned to a Military Judge according to the lawful assignment procedures of the Corps. Assignment shall be recorded in the case history and shall identify the judicial officer and effective time of assignment.

(b) Reassignment may occur because of recusal, unavailability, expiration of authority, administrative reassignment permitted by these Rules, or another recorded basis that does not dictate the substantive outcome of the case. Reassignment shall not erase prior lawful judicial acts and shall not permit the newly assigned Military Judge to disregard controlling orders merely because the judge would have decided the matter differently.

(c) Appellate jurisdiction shall be assigned according to the service allocation applicable to the proceeding. Assignment of a judicial officer shall not be manipulated for the purpose of obtaining a preferred result.

Rule 14. Disqualification and Recusal.

(a) A judicial officer shall not participate in a proceeding in which the judicial officer's impartiality may reasonably be questioned because of a personal interest, prior material participation, prohibited relationship, prejudgment of a disputed matter, or another disqualifying circumstance recognized by controlling law.

(b) A party seeking disqualification shall identify the judicial officer, the factual basis for the request, and the particular conflict or circumstance alleged. Adverse rulings, disagreement with judicial reasoning, or dissatisfaction with case management do not by themselves establish disqualification.

(c) When recusal occurs, the record shall identify the recusal and the proceeding shall be reassigned according to the applicable judicial assignment procedure. A recused judicial officer shall not thereafter participate in the merits of the proceeding unless the disqualifying circumstance is lawfully resolved and participation is authorized.

Rule 15. Judicial Orders and Case Status.

(a) A judicial order shall identify the issuing judicial authority, case, matter determined, relief granted or denied, and date of entry. When an order modifies, stays, vacates, or supersedes an earlier order, the relationship between the orders shall be reflected upon the docket.

(b) An order may be designated Draft, Entered, Stayed, Amended, Vacated, Superseded, or Expired according to its actual judicial status. A database status, interface badge, administrative note, or automated event does not itself enter, amend, stay, or vacate an order.

(c) Case statuses are administrative descriptions of procedural posture and do not independently determine jurisdiction, guilt, liability, entitlement to relief, or the legal effect of a judicial order.

Rule 20. Commencement of a Civil Proceeding.

(a) A civil proceeding is commenced by filing a Complaint or Petition stating the basis for the court's authority, identifying the parties, describing the material facts giving rise to the controversy, identifying the legal grounds asserted, and stating the relief requested. The pleading shall provide sufficient notice of the claim to permit a responding party to understand the nature of the proceeding and prepare a response.

(b) The Clerk shall create the case and assign its permanent case number when the initiating pleading is accepted for filing. Commencement does not establish the truth of the allegations or entitlement to the requested relief, and no provisional or final relief arises merely because a Complaint or Petition has been filed.

Rule 21. Responsive Pleadings.

(a) A responding party may file an Answer admitting, denying, or stating that the party lacks sufficient information to admit or deny material allegations. The Answer shall identify defenses relied upon and shall respond sufficiently to place the material disputed matters before the court.

(b) When permitted, a party may instead file a motion directed to the sufficiency, jurisdiction, or legal viability of the initiating pleading. Filing such a motion affects the time for an Answer only to the extent provided by these Rules or an order of the Military Judge.

Rule 22. Amendment of Pleadings.

(a) A party may amend a pleading with leave of the Military Judge when amendment is necessary to correct a material defect, clarify the claims or defenses, account for information obtained after the original filing, or otherwise permit proper adjudication. The Military Judge may deny leave when amendment would cause material prejudice, improperly evade an existing order, or introduce a claim that cannot lawfully be adjudicated in the proceeding.

(b) An amended pleading shall be filed as a new document and shall identify the pleading amended. The original pleading remains part of the docket and shall be marked as superseded to the extent provided by the amended pleading.

Rule 23. Parties, Joinder, and Severance.

(a) Persons may be joined in a civil proceeding when the claims involving them arise from the same transaction, occurrence, series of events, or common material question and joint adjudication would permit orderly resolution without material unfairness. The Military Judge may require separate presentation of issues or claims when necessary to prevent confusion or prejudice.

(b) The Military Judge may sever a party or claim into a separate proceeding when continued joinder would materially impair orderly adjudication, create incompatible procedural requirements, or prejudice a party's ability to present or defend a claim. A severed matter shall receive a separate case number while preserving its relationship to the originating proceeding.

Rule 24. Motions in Civil Proceedings.

(a) A party may request judicial action by motion. The motion shall identify the precise relief requested, material facts necessary to resolve it, governing authority relied upon, and any supporting portion of the record. A response shall address the requested relief and the grounds asserted, and a reply shall be confined to matters raised in response.

(b) A Military Judge may Grant a motion, Deny a motion, Grant in Part and Deny in Part, Dismiss the motion as Moot, Take the motion Under Advisement, Schedule a Hearing, or Request Additional Briefing. The disposition shall be entered upon the docket and shall identify the motion determined.

Rule 25. Voluntary Dismissal and Withdrawal.

(a) A claimant may seek voluntary dismissal of a civil claim or proceeding before final judgment. The Military Judge shall determine whether dismissal is with prejudice or without prejudice when judicial approval is required and shall consider any existing counterclaim, order, or prejudice to another party resulting from dismissal.

(b) Withdrawal of a motion or other filing does not constitute dismissal of the underlying case unless the proceeding itself is dismissed by authorized filing or judicial order. The docket shall preserve the withdrawn filing and identify its status.

Rule 26. Discovery.

(a) Parties may obtain nonprivileged information materially relevant to claims or defenses through authorized discovery procedures. Discovery shall be conducted in a manner reasonably directed toward adjudication of the proceeding and shall not be used primarily to harass, impose unnecessary burden, obtain protected information unrelated to the controversy, or circumvent restrictions governing sealed or restricted material.

(b) Discovery materials shall identify the request, responding party, response or objection, date of production, and any applicable access restriction. Discovery material is not automatically evidence merely because it has been produced and shall be admitted or otherwise considered at trial only according to the Rules of Evidence and applicable judicial rulings.

(c) A party who later learns that a material discovery response was incomplete or materially inaccurate when made shall supplement the response when required by these Rules or judicial order.

Rule 27. Motions to Compel and Protective Orders.

(a) A party may move to compel discovery when another party has failed to provide material properly subject to discovery. The motion shall identify the request, response or failure to respond, material sought, and basis upon which production is required.

(b) A person from whom discovery is sought may request a protective order to prevent disclosure, limit the manner of discovery, protect privileged or restricted information, or prevent unreasonable burden. The Military Judge may deny the request, prohibit specified discovery, limit its scope, establish conditions for production, require restricted treatment, or direct another specifically stated method of production.

Rule 28. Temporary Restraining Orders.

(a) A party seeking immediate short-term relief before ordinary consideration of a request for preliminary relief may file an Application for a Temporary Restraining Order. The application shall identify the immediate injury alleged, the conduct sought to be restrained, why relief is required before ordinary proceedings can occur, the duration requested, and the efforts made to provide notice to the opposing party.

(b) A Temporary Restraining Order may issue only by written judicial order. Filing an application does not restrain any person or alter the legal rights of the parties. An order granting relief shall state the conduct restrained, persons bound, effective time, duration, and procedure for further consideration.

(c) When temporary relief is entered before an opposing party has had an opportunity to respond, the Military Judge shall provide a prompt opportunity to contest continuation of the restraint. A Temporary Restraining Order shall not be used as a substitute for final adjudication of the underlying controversy.

Rule 29. Preliminary Injunction.

(a) A party may move for a Preliminary Injunction seeking temporary relief during the pendency of the case. The motion shall identify the conduct to be required or prohibited, the legal and factual basis for relief, the harm asserted from denial of relief, and the relationship between the requested injunction and the claims being adjudicated.

(b) The Military Judge may receive briefing, evidence, and argument necessary to determine the motion. An order granting a Preliminary Injunction shall state its terms with specificity and identify the persons bound, effective time, and conditions governing continuation or dissolution.

(c) A Preliminary Injunction remains interlocutory and does not constitute final judgment on the merits unless the proceeding is lawfully consolidated with final adjudication after adequate notice and opportunity to present the merits.

Rule 30. Permanent Injunction.

(a) A Permanent Injunction may be entered as part of final judgment when the party seeking relief has established entitlement to permanent prospective relief under controlling law. The judgment shall identify the conduct required or prohibited and shall define the persons bound with sufficient specificity to permit enforcement.

(b) A Permanent Injunction remains subject to appellate review and may be modified or dissolved by the court possessing jurisdiction when controlling law or materially changed circumstances authorize such relief.

Rule 31. Summary Disposition.

(a) A party may move for summary disposition when the material record demonstrates that no genuine dispute requiring trial exists as to a claim, defense, or discrete issue and controlling law permits judgment without trial. The motion shall identify the material facts asserted to be undisputed and the portions of the record supporting those facts.

(b) The opposing party shall identify any material factual dispute requiring trial and cite the evidence supporting that dispute. Mere allegations, unsupported conclusions, or disagreement concerning an immaterial fact do not require trial.

(c) The Military Judge may grant summary disposition as to the entire case or a discrete claim or issue when the governing standard is satisfied. Matters not resolved remain for further proceedings.

Rule 32. Civil Trial.

(a) A civil trial shall be conducted before the assigned Military Judge unless controlling law provides another authorized method of adjudication. Each party shall have a reasonable opportunity to present admissible evidence, examine witnesses, object to evidence, and present argument concerning the matters to be determined.

(b) The Military Judge shall regulate the order of proceedings, determine evidentiary objections, maintain decorum, and ensure that the trial remains directed toward the issues properly before the court. Findings shall be based upon the record admitted for adjudication and the applicable burden of proof.

Rule 33. Civil Judgment.

(a) At the conclusion of the proceeding, the Military Judge shall enter written judgment identifying the claims adjudicated, disposition of those claims, relief granted or denied, and any findings or conclusions necessary to explain the judgment. The judgment shall distinguish final relief from any interlocutory order previously entered.

(b) A judgment shall become subject to enforcement according to its terms unless stayed, altered through authorized post-judgment procedure, or affected by appellate proceedings under these Rules.

Rule 34. Post-Judgment Relief.

(a) A party may seek reconsideration, correction of a material clerical error, relief from judgment, or amendment of the judgment when such relief is authorized by these Rules or controlling law. The filing shall identify the judgment challenged, the precise relief requested, and the basis authorizing the Military Judge to alter a judgment already entered.

(b) Post-judgment relief shall not operate as an unrestricted opportunity to relitigate matters already decided. The Military Judge shall distinguish between a clerical correction that makes the record accurately reflect the judgment actually entered and a substantive alteration requiring judicial reconsideration.

Rule 40. Institution of Proceedings.

(a) A military justice or criminal proceeding shall be instituted through the charging, referral, or initiating process required by the Uniform Code of Military Justice and controlling law. The judicial record shall identify the accused, charges and specifications, referring or initiating authority where applicable, date of institution, and materials necessary to establish the matter presented to the court.

(b) These Rules govern procedure and shall not independently create a criminal offense, punitive article, element of an offense, authorized punishment, or substantive basis for criminal liability. Charges and specifications must rest upon substantive authority existing independently of these Rules.

Rule 41. Charges and Specifications.

(a) Each charge shall identify the substantive provision alleged to have been violated, and each specification shall state the conduct alleged with sufficient particularity to provide notice of the accusation. Separate alleged offenses shall be identified separately when required for intelligible pleading and adjudication.

(b) A charge or specification shall not be treated as proven merely because it has been referred, filed, or entered upon the docket. The Government retains the burden required by controlling law throughout adjudication.

Rule 42. Amendment of Charges and Specifications.

(a) A proposed amendment shall identify the charge or specification affected and the precise alteration sought. The Military Judge shall determine whether the amendment is procedural or substantive and whether permitting it would materially prejudice the accused's ability to understand and defend against the accusation.

(b) An amended charge or specification shall be preserved as a new record linked to the prior version. The historical charging record shall not be silently overwritten.

Rule 43. Arraignment and Pleas.

(a) At arraignment, the accused shall be informed of the charges and specifications then pending and afforded the opportunity to enter an authorized plea. The record shall identify the charges addressed, plea entered to each, counsel present, and judicial determinations required by controlling law.

(b) A plea requiring judicial inquiry shall not be accepted merely because it has been selected in the Case Portal or stated informally outside the proceeding. The Military Judge shall conduct the inquiry required by the Uniform Code of Military Justice and applicable law before giving the plea legal effect.

Rule 44. Pretrial Motions.

(a) A party may file a pretrial motion concerning jurisdiction, sufficiency of the charging instrument, admissibility of evidence, discovery, severance, joinder, suppression, scheduling, or a procedural matter governed by these Rules or controlling law. The motion shall identify the requested ruling and the grounds supporting it.

(b) The Military Judge may decide the motion upon the filings, request additional briefing, or conduct a hearing when factual or legal development would materially assist determination. A pretrial ruling shall be entered upon the docket and shall identify the motion resolved.

Rule 45. Motion to Suppress.

(a) A Motion to Suppress shall identify the evidence or statement sought to be excluded, the legal basis for suppression, and the material facts supporting the request. When resolution depends upon disputed facts, the Military Judge may conduct an evidentiary hearing and make findings necessary to determine admissibility.

(b) An order granting suppression shall identify the evidence affected and the extent to which it may not be used. Suppression does not authorize destruction or alteration of the evidence and does not remove it from the historical record merely because its use at trial has been prohibited.

Rule 46. Motion in Limine.

(a) A party may request an advance ruling concerning the admissibility or permissible use of identified evidence by filing a Motion in Limine. The motion shall identify the evidence, anticipated use, objection or limitation asserted, and ruling requested.

(b) The Military Judge may grant, deny, reserve, or modify an evidentiary ruling as the trial record develops. A ruling in limine does not itself admit evidence that has not otherwise been properly offered during the proceeding.

Rule 47. Criminal Discovery and Disclosure.

(a) Discovery and disclosure in a military justice proceeding shall be governed by the Uniform Code of Military Justice, the Rules of Evidence, these Rules, and controlling judicial authority. The Government and defense shall comply with duties applicable to the information within their possession, custody, control, or lawful access.

(b) A discovery dispute shall identify the information sought, the request previously made, response or objection received, and legal basis asserted for disclosure or nondisclosure. The Military Judge may conduct an in camera review when necessary to determine whether protected material must be disclosed, withheld, redacted, or subjected to restrictions.

(c) Whoever knowingly and willfully conceals, destroys, fabricates, materially alters, or causes the concealment, destruction, fabrication, or material alteration of evidence for the purpose of corruptly affecting a judicial proceeding commits serious misconduct and may be subject to contempt, professional discipline, administrative action, or proceedings under applicable law. This Rule does not itself create an offense under the Uniform Code of Military Justice.

Rule 48. Trial or Court-Martial.

(a) Trial shall proceed according to the Uniform Code of Military Justice, these Rules, the Rules of Evidence, and controlling judicial authority. The accused shall be afforded the procedural protections required by governing law, and the Government shall bear the burden applicable to each charge and specification.

(b) The Military Judge shall control the proceedings, determine questions of law committed to the court, rule upon objections, preserve the record, and ensure that findings are based upon properly admitted evidence. No interface action, administrative status, or unofficial communication shall substitute for a finding entered through the authorized judicial proceeding.

Rule 49. Findings.

(a) Findings shall be separately recorded as to each charge and specification. The record shall state whether the accused is found guilty, not guilty, or subject to a disposition expressly authorized by controlling law.

(b) A finding shall not be changed through administrative editing after entry. Any lawful correction, reconsideration, appellate action, or modification shall be entered as a separate judicial event preserving the original finding and the authority for the change.

Rule 50. Sentencing.

(a) Following findings authorizing punishment, sentencing shall proceed according to the Uniform Code of Military Justice and controlling law. The record shall identify the sentence imposed, the authority imposing it, the date of imposition, and each distinct punitive consequence included.

(b) No punishment shall be represented as imposed merely because it was requested, recommended, or entered into a draft field. The sentence possessing legal effect is the sentence formally entered through the authorized proceeding, subject to lawful modification, review, stay, or appellate disposition.

Rule 51. Post-Trial Proceedings.

(a) Post-trial proceedings shall preserve the findings, sentence, motions, rulings, and materials necessary for review. A party may seek post-trial relief expressly available under the Uniform Code of Military Justice, these Rules, or controlling judicial authority.

(b) A post-trial motion shall identify the finding, sentence, judgment, or order challenged and the precise basis for relief. Filing such a motion does not automatically stay punishment unless a stay arises under controlling law or is entered by an authorized judicial authority.

Rule 52. Record of Trial.

(a) The Record of Trial shall contain the materials required to permit meaningful review of the proceeding, including charges and specifications, material pleadings and motions, admitted exhibits, findings, sentence, judicial orders, and the authorized record of hearings or trial.

(b) The Record of Trial shall preserve restricted and sealed material according to its access designation. A record transmitted for appellate review remains linked to the authoritative trial record and shall not become an uncontrolled substitute for that record.

Rule 60. Affidavits and Declarations.

(a) An affidavit shall identify the affiant, the affiant's rank or grade when applicable, unit, office or agency, position or duty, relevant incident date and location when applicable, subject or person concerned, and the facts stated from the affiant's knowledge or belief. The affiant shall affirm that the statement is true and correct to the best of the affiant's knowledge and belief.

(b) An affidavit may be completed through the authorized electronic form or submitted as an affidavit PDF. An electronically completed affidavit and a PDF affidavit are each substantive docketed documents and shall not be treated merely as attachments to an empty filing.

(c) A Military Police member possessing authority to submit affidavits may submit an affidavit only in a case to which that member has been assigned or for which access has otherwise been specifically authorized. Authority to submit an affidavit does not confer authority to file general motions, issue orders, manage hearings, alter participants, access unrelated cases, or exercise judicial functions.

Rule 61. Evidence and Exhibits.

(a) Evidence submitted for judicial consideration shall receive a stable identifier sufficient to preserve its source and history. Government, defense, and court exhibits may be identified through distinct sequential designations established for the proceeding.

(b) The evidence record shall identify the submitting party, submission time, related filing when applicable, description, access designation, admission status, and material integrity information maintained by the system. Submission of evidence does not itself constitute admission.

(c) Evidence admitted, excluded, withdrawn, or otherwise affected by judicial ruling shall retain its historical identifier. The system shall record the change in status without replacing the original evidentiary history.

Rule 62. Chain of Custody.

(a) A chain-of-custody record shall identify each material transfer, receipt, release, examination, storage event, or change in responsible possession necessary to establish the history of physical or digital evidence. Each entry shall identify the evidence, responsible person, date and time, action taken, and destination or resulting custody.

(b) A correction to a chain-of-custody entry shall preserve the original entry and identify the correction, person making it, time of correction, and reason. No person may silently rewrite an earlier custody event.

(c) Whoever knowingly and willfully falsifies, fabricates, destroys, or materially alters a chain-of-custody record for the purpose of misrepresenting the possession, integrity, source, or handling of evidence commits serious misconduct and may be subject to contempt, professional discipline, administrative action, or proceedings under applicable law.

Rule 63. Hearings.

(a) A judicial authority may conduct an Initial Hearing, Arraignment, Motion Hearing, Evidentiary Hearing, Status Conference, Pretrial Hearing, Trial or Court-Martial, Sentencing Hearing, Emergency Hearing, Appellate Argument before an Assistant Judge Advocate General, or Final-Review Argument before the Judge Advocate General when appropriate to the proceeding.

(b) A hearing record shall identify the case, hearing type, presiding judicial officer, date and time, authorized location or Discord channel, participating parties and counsel, status, related filings, and outcome. When a hearing is continued, the prior scheduled date shall remain in the procedural history.

(c) A hearing may be designated Scheduled, Continued, In Progress, Completed, or Cancelled according to its actual status. Changing a hearing status does not itself constitute a judicial ruling on the merits.

Rule 64. Continuances.

(a) A party seeking continuance shall identify the proceeding or hearing affected, reason additional time is required, requested new date or period when known, and any material prejudice expected if the request is denied. A request for continuance does not alter the existing schedule unless granted.

(b) The judicial authority may grant or deny a continuance after considering the reason for the request, prior continuances, effect upon the parties, availability of counsel or witnesses, and orderly administration of the proceeding. A granted continuance shall preserve the prior schedule in the case history.

Rule 65. Subpoenas.

(a) A subpoena may command authorized testimony, production of identified documents, or production of identified evidence according to the authority governing the proceeding. The subpoena shall identify the issuing authority, recipient, case, testimony or material required, place or method of compliance, compliance date, and date of issuance.

(b) The record shall track issuance, service, compliance, objections, motions to quash or modify, related orders, and proof of service. A subpoena shall not be expanded after issuance through an informal message or administrative alteration.

(c) A recipient or party may move to quash or modify a subpoena on a ground recognized by controlling law. The judicial authority may enforce, quash, or modify the subpoena and shall identify the obligations remaining after disposition.

Rule 66. Warrants.

(a) An application for a warrant shall identify the person, place, property, information, or action for which authority is sought, the legal basis for issuance, the facts supporting the application, and the scope of authority requested. Supporting affidavits and restricted investigative material shall be maintained under access controls appropriate to pre-issuance judicial review.

(b) The reviewing judicial authority shall independently determine whether the governing requirements for issuance have been established. Approval shall be reflected through a written warrant identifying its scope, date of issuance, authorized execution period where applicable, and any required return.

(c) A warrant application shall not be disclosed to persons lacking authorized access merely because the associated case exists in the Case Portal. Pre-issuance applications and supporting material shall receive access restrictions sufficient to preserve the lawful purpose of the application.

Rule 67. Emergency Motions.

(a) A filing may be designated as an Emergency Motion only when action is required before the matter can reasonably be considered through ordinary scheduling. The movant shall identify the imminent event, the specific harm asserted, when the event is expected to occur, the relief required before that time, and why ordinary consideration would be inadequate.

(b) Emergency designation does not alter the substantive standard governing the requested relief and does not entitle the movant to relief. The responsible judicial authority may deny emergency treatment while allowing the filing to proceed through ordinary consideration.

(c) Whoever knowingly and willfully makes a materially false representation concerning an alleged emergency for the purpose of obtaining priority treatment, delaying a proceeding, or improperly affecting judicial action may be subject to contempt, professional discipline, administrative action, or proceedings under applicable law.

Rule 68. Stays.

(a) A stay suspends only those proceedings, orders, punishments, deadlines, or acts identified by the judicial authority entering it. A stay shall be no broader than necessary to preserve jurisdiction, prevent material prejudice, protect meaningful review, or accomplish the lawful purpose identified in the order.

(b) Unless governing law provides otherwise, matters outside the scope of a stay may continue. The order shall identify the effective time and, when known, the event or judicial action upon which the stay terminates.

(c) Appellate stays and stays associated with a Petition for a Writ of Certiorari are additionally governed by Titles V and VI.

Rule 69. Judicial Notice and Case Management.

(a) A Military Judge may take judicial notice of a matter when permitted by the Rules of Evidence and shall provide the parties the opportunity required by governing law to address the matter noticed. Judicial notice shall not be used to bypass evidentiary requirements for a disputed fact not properly subject to notice.

(b) A Military Judge may enter scheduling and case-management orders establishing deadlines, sequencing motions, setting hearings, regulating discovery, identifying matters requiring briefing, and organizing proceedings for orderly adjudication. Case-management authority does not permit alteration of substantive rights or circumvention of the Uniform Code of Military Justice.

Rule 80. Appellate Jurisdiction.

(a) A party may appeal a final judgment entered by a Military Judge to the Assistant Judge Advocate General exercising appellate jurisdiction over the service in which the proceeding arose. An interlocutory order may be appealed before final judgment only when an interlocutory appeal is expressly permitted by these Rules, the Uniform Code of Military Justice, or controlling precedent of the Judge Advocate General. An appeal to an Assistant Judge Advocate General constitutes the ordinary appellate process of the Corps and does not require issuance of a writ or discretionary acceptance by the Assistant Judge Advocate General.

(b) Each Assistant Judge Advocate General shall exercise appellate jurisdiction over the service or services assigned to that office. When a case involves more than one service, appellate jurisdiction shall follow the service designation governing the originating proceeding unless the Judge Advocate General has established a different jurisdictional assignment applicable to that class of cases. A change in the officer occupying the office of Assistant Judge Advocate General does not terminate, transfer, or recreate a pending appellate proceeding.

(c) An Assistant Judge Advocate General may possess oversight visibility into proceedings arising within a service assigned to that office, but oversight visibility is distinct from appellate judicial jurisdiction. Before a matter is properly presented on appeal, an Assistant Judge Advocate General shall not decide trial motions, alter hearings or deadlines, admit or exclude evidence, direct findings, modify a sentence or punishment, or otherwise exercise authority committed to the Military Judge. Oversight access shall not cause routine trial filings, hearings, or judicial actions to be placed upon the appellate docket or generate routine judicial notifications to the Assistant Judge Advocate General.

Rule 81. Taking an Appeal.

(a) An appeal shall be commenced by filing a Notice of Appeal identifying the party taking the appeal, the originating case, the judgment or appealable order challenged, the date of its entry, the Assistant Judge Advocate General having appellate jurisdiction, and the issues intended to be presented. The notice shall identify counsel for the appellant when represented and shall be served upon every party entitled to participate in the appellate proceeding. A defect in the form of a timely Notice of Appeal that does not prevent identification of the judgment or order challenged may be corrected upon direction of the Assistant Judge Advocate General.

(b) Upon filing of a Notice of Appeal, a separate appellate proceeding shall be created and assigned a case number distinct from the originating trial case. The trial docket shall remain intact and shall be permanently linked to the appellate proceeding. The appellate docket shall identify the parties, counsel of record, originating service, responsible Assistant Judge Advocate General, judgment or order appealed, Questions Presented, briefs, motions, argument or hearing information, orders, opinion, judgment, and any subsequent proceeding before the Judge Advocate General.

(c) Filing an appeal does not by itself vacate the judgment or order appealed. The Military Judge may, upon motion or upon the Military Judge's own determination, stay execution of a punishment, sanction, challenged order, or other portion of the proceeding when continuation would materially interfere with the appeal or render effective appellate relief impracticable. A stay shall identify its scope, and proceedings not included within the stay may continue unless their continuation would necessarily defeat the appellate jurisdiction of the Assistant Judge Advocate General.

Rule 82. Record on Appeal.

(a) The record on appeal consists of those portions of the authoritative trial record necessary to determine the Questions Presented. The originating court shall retain its authoritative docket and record, and the appellate proceeding shall reference that record rather than create uncontrolled duplicate copies. The record shall include the judgment or order appealed and may include pleadings, motions, orders, exhibits, transcripts, findings, sentencing materials, and other portions of the proceeding material to the appeal.

(b) The appellant may designate portions of the existing record considered necessary to resolve the appeal, and the appellee may designate additional portions considered necessary to respond. A disagreement concerning whether an item formed part of the trial record shall be determined by reference to the authoritative docket, filing history, evidence records, and audit history. Neither party may enlarge the appellate record by attaching evidence that was never presented below merely because that evidence would support the party's position on appeal.

(c) When the Assistant Judge Advocate General determines that an omitted portion of the existing record is necessary to resolve the appeal, the Assistant Judge Advocate General may direct its transmission or inclusion. If the record is materially incomplete because a required portion of the original proceeding cannot be located, the Assistant Judge Advocate General shall determine what corrective proceedings are necessary before deciding an issue dependent upon that material.

Rule 83. Questions Presented and Appellate Briefing.

(a) The appellant's opening brief shall separately state each Question Presented for appellate determination. A Question Presented shall identify the legal, jurisdictional, procedural, evidentiary, or other appealable issue asserted and shall be expressed sufficiently precisely to identify the ruling challenged. Each Question Presented includes subsidiary questions fairly necessary to resolve it, but a general assertion that the judgment was erroneous does not preserve every possible issue arising from the proceeding.

(b) The appellant's brief shall contain the Questions Presented, the basis for appellate jurisdiction, the material procedural history, a statement of facts supported by citations to the record, the argument concerning each Question Presented, and the precise disposition requested. The appellee may file a responsive brief addressing the appellant's arguments, any jurisdictional defect, material disagreement concerning the procedural history or facts, and the disposition sought. The appellee may defend the judgment upon a preserved ground supported by the record even when the Military Judge relied upon different reasoning.

(c) The appellant may file one reply confined to matters raised in the appellee's brief. A new independent Question Presented shall not be introduced through a reply, supplemental filing, or oral argument. The Assistant Judge Advocate General may permit supplemental briefing when an intervening authority, jurisdictional issue, or question necessarily included within a properly presented issue requires additional briefing before disposition.

Rule 84. Motions and Relief Pending Appeal.

(a) A party may file a motion concerning the administration or disposition of a pending appeal, including a Motion to Stay, Motion to Expedite, Motion to Supplement the Record with material already belonging to the proceeding below, Motion for Leave to File, Motion to Seal or Unseal, Motion to Continue Argument, Motion to Dismiss the Appeal, or Motion to Remand. Each motion shall state the relief requested and the factual and legal grounds supporting that relief, and any response shall address the relief actually requested rather than relitigating the entire appeal.

(b) A stay pending appeal may apply to an entire proceeding or to a particular punishment, sentence, sanction, order, hearing, deadline, or judicial act. In determining the scope of a stay, the Military Judge or Assistant Judge Advocate General exercising authority over the request shall consider whether continued enforcement would materially impair appellate jurisdiction, whether a punitive consequence would be executed before meaningful review could occur, the effect of delay upon the parties, and whether a narrower stay would adequately preserve the controversy. A stay shall not extend beyond what is necessary to protect the proceeding to which it relates.

(c) No party may obtain appellate relief merely by designating a filing as an emergency. A party requesting expedited or emergency consideration shall state the specific event requiring immediate action, when that event will occur, what relief is necessary before that event, and why ordinary consideration would be inadequate. Knowingly and willfully making a materially false representation for the purpose of obtaining emergency treatment may constitute professional misconduct, contempt, or a violation of applicable law.

Rule 85. Oral Argument and Submission.

(a) The Assistant Judge Advocate General may determine an appeal upon the briefs or order oral argument when argument would materially assist disposition of the Questions Presented. An order setting argument shall identify the date, time, authorized location or Discord channel, counsel permitted to argue, time allotted to each side, and any limitation upon the questions to be argued. The appellant shall ordinarily proceed first and may reserve a portion of allotted time for rebuttal.

(b) Oral argument is not an evidentiary hearing. Counsel shall be prepared to address jurisdiction, the record, controlling law, the consequences of the legal rule advocated, and the disposition requested, but shall not introduce new evidence. A party may file a concise Notice of Supplemental Authority when controlling authority materially affecting the appeal arises after briefing or argument.

(c) An appeal is submitted for decision when oral argument concludes or, when no argument is ordered, when the Assistant Judge Advocate General enters the appeal as submitted upon the briefs. No additional merits filing may thereafter be made except by leave or direction of the Assistant Judge Advocate General.

Rule 86. Judgment of the Assistant Judge Advocate General.

(a) The Assistant Judge Advocate General shall dispose of an appeal by written opinion or written order stating the disposition and sufficient reasoning to identify the basis of decision. The Assistant Judge Advocate General may affirm, reverse, vacate, affirm in part and reverse in part, affirm in part and vacate in part, expressly modify the judgment, or vacate and remand. The disposition shall identify the judgment, order, finding, sentence, punishment, or determination affected.

(b) When a case is remanded, the decision shall identify the judicial authority receiving the case, the issues returned for further proceedings, and the extent to which additional evidence, fact-finding, hearings, or other proceedings are permitted. The Military Judge shall comply with holdings governing the remanded matter and shall not reconsider a question conclusively resolved on appeal unless controlling authority subsequently requires a different result.

(c) Following final disposition of the ordinary appellate proceeding, further review by the Judge Advocate General is discretionary and shall be sought through a Petition for a Writ of Certiorari under Title VI. No appeal as of right lies from an Assistant Judge Advocate General to the Judge Advocate General.

Rule 100. Supreme Judicial Authority.

(a) The Judge Advocate General is the supreme judicial authority of the Judge Advocate General's Corps and the final judicial authority for interpretation of the Uniform Code of Military Justice within the military courts governed by these Rules. A published merits holding of the Judge Advocate General concerning the Uniform Code of Military Justice, these Rules, the Rules of Evidence, or another question within the judicial jurisdiction of the Corps is binding upon every Military Judge and Assistant Judge Advocate General unless superseded by controlling law or expressly overruled by a subsequent published merits decision of the Judge Advocate General.

(b) Supreme judicial authority does not place every proceeding personally before the Judge Advocate General. Military Judges retain original judicial authority over cases properly before them, and Assistant Judges Advocate General retain ordinary appellate authority over their assigned services. Those judicial authorities remain bound by controlling holdings of the Judge Advocate General and shall not disregard, narrow, enlarge, or circumvent such holdings merely because a different interpretation would otherwise have been preferred.

(c) The Judge Advocate General ordinarily exercises final judicial review by granting a Petition for a Writ of Certiorari following completion of ordinary appellate proceedings before an Assistant Judge Advocate General. The Judge Advocate General's Corps-wide administrative authority, supervisory responsibilities, and technical access to judicial records are separate from the exercise of judicial jurisdiction. Administrative access to a case does not place that case upon the judicial docket of the Judge Advocate General or cause ordinary trial or appellate activity to generate judicial notifications to the Judge Advocate General.

Rule 101. Considerations Governing Certiorari.

(a) Review upon a Petition for a Writ of Certiorari is committed to the judicial discretion of the Judge Advocate General. A petition may present a substantial reason for exercise of that discretion when it involves a material conflict between decisions of Assistant Judges Advocate General; a decision inconsistent with controlling precedent of the Judge Advocate General; an important or unresolved question concerning the Uniform Code of Military Justice, these Rules, or the Rules of Evidence; a substantial jurisdictional question; a material departure from the accepted course of military judicial proceedings; or a question whose resolution may be necessary to establish a uniform rule of military law among the services. These considerations are neither jurisdictional prerequisites nor an exhaustive statement of the circumstances in which the Judge Advocate General may grant certiorari.

(b) The decision whether to grant or deny a Petition for a Writ of Certiorari rests with the Judge Advocate General. No party acquires a right to review merely by demonstrating that one or more considerations identified in this Rule are present, and the Judge Advocate General is not required to grant a petition because a case presents an important, unsettled, conflicting, or substantial question. The Judge Advocate General may grant or deny certiorari after consideration of the petition, the proceedings below, the importance and posture of the Questions Presented, the interests of the military justice system, and the suitability of the case for final determination by the supreme judicial authority of the Corps.

(c) Certiorari is not an additional appeal as of right. A petition ordinarily should not rely solely upon disagreement with factual findings, credibility determinations, the weighing of evidence, or the application of a settled rule to the particular facts of one case; however, the existence of such matters does not prohibit the Judge Advocate General from granting certiorari when the Judge Advocate General determines that consideration of the case is warranted. Questions concerning jurisdiction, the fundamental legality of the proceeding, or the integrity of the military judicial process may be considered notwithstanding their relationship to factual or record-based matters.

(d) The Judge Advocate General may grant certiorari as to the case as a whole, a particular judgment or order, a specified punishment or punitive act, or one or more Questions Presented. The Judge Advocate General may grant fewer questions than those presented and may reformulate a Question Presented when necessary to state accurately the matter accepted for determination. The order granting the writ shall define the scope of the grant.

Rule 102. Petition for a Writ of Certiorari.

(a) A party seeking final consideration by the Judge Advocate General shall file a Petition for a Writ of Certiorari following final disposition of the ordinary appellate proceeding. The petition shall state the Questions Presented, identify the trial and appellate proceedings, state the basis for jurisdiction, identify the judgment or order presented for consideration, provide the material procedural history and facts, state why issuance of the writ is warranted, and identify the disposition the petitioner intends to seek if certiorari is granted.

(b) The Questions Presented define the matters the petitioner asks the Judge Advocate General to accept. Each question shall be separately stated and includes subsidiary questions fairly included within it. The Judge Advocate General may grant all Questions Presented, grant specified questions while denying the remainder, or reformulate a question to state more precisely the legal issue fairly contained within the petition.

(c) The petition shall include or electronically designate the opinion and judgment of the Assistant Judge Advocate General, the material judgment or order of the Military Judge, any disposition of rehearing below, and any additional lower ruling necessary to understand the Questions Presented. A petition submitted as a PDF constitutes the petition itself and shall not be treated merely as an attachment to an empty filing.

(d) All grounds supporting issuance of the writ shall appear in the petition itself. A separate brief in support shall not be filed unless specifically ordered by the Judge Advocate General. A petition containing a correctable formal deficiency may be returned for correction without permitting material substitution of the Questions Presented after expiration of the applicable filing period.

Rule 103. Proceedings on the Petition.

(a) Upon acceptance for filing, a Petition for a Writ of Certiorari shall receive a petition docket number distinct from the trial and appellate case numbers. The Clerk shall maintain the petition docket, link the proceedings below, verify compliance with filing requirements, and perform the ministerial acts necessary to place the petition before the Judge Advocate General.

(b) A respondent may file a brief in opposition, but no response is required unless requested by the Judge Advocate General. A brief in opposition should address the grounds asserted for certiorari, jurisdictional or procedural defects, material misstatements affecting consideration, and whether the writ should issue. A Waiver of Response does not constitute consent to the petition and does not provide a basis for granting the writ.

(c) The petitioner may file one reply confined to matters raised in opposition. No new Question Presented or independent ground for certiorari may be introduced through the reply. A concise supplemental filing may identify intervening controlling authority material to consideration of the petition.

(d) The Judge Advocate General may request a response, request specified portions of the lower record, direct supplemental briefing upon an identified question, or hold the petition pending disposition of a specifically identified related proceeding. The Judge Advocate General may deny a petition without requesting a response and need not state reasons for denial.

Rule 104. Disposition of a Petition for a Writ of Certiorari.

(a) After consideration of the petition and in the exercise of judicial discretion, the Judge Advocate General may grant certiorari as to the case as a whole, grant certiorari limited to specifically identified Questions Presented or a specifically identified judgment or order, deny certiorari, dismiss the petition for lack of jurisdiction, dismiss the petition as untimely, dismiss the petition as moot, permit withdrawal of the petition, or hold the petition in abeyance pending disposition of a specifically identified related proceeding.

(b) Denial of certiorari concludes the petition proceeding but does not constitute affirmance of the reasoning below, adoption of the opinion of the Assistant Judge Advocate General, or precedent of the Judge Advocate General. The judgment below remains operative according to its terms.

(c) Granting certiorari places the accepted matter within the judicial jurisdiction of the Judge Advocate General. The grant order shall identify the scope of the writ and control the extent to which jurisdiction over the case, judgment, order, punishment, or Question Presented passes to the Judge Advocate General.

Rule 105. Stays Pending Certiorari and Effect of Grant.

(a) While a Petition for a Writ of Certiorari remains pending, the judicial authority possessing jurisdiction over the underlying case may stay execution of a punishment, punitive order, sanction, or specifically identified portion of the proceeding when continued enforcement could materially prejudice the petition, defeat meaningful consideration by the Judge Advocate General, or produce consequences that could not practicably be corrected if the writ were later granted.

(b) When the Judge Advocate General grants certiorari as to the case as a whole, proceedings below shall be stayed in their entirety and judicial jurisdiction over the case shall pass to the Judge Advocate General until judgment, remand, or mandate. When certiorari is granted only as to a specified order, ruling, punishment, Question Presented, or discrete portion of the case, only that matter and proceedings whose continuation would necessarily defeat the jurisdiction of the Judge Advocate General are stayed unless the grant order expressly provides otherwise.

(c) Unless the grant order provides otherwise, issuance of the writ concerning a conviction, sentence, confinement order, forfeiture, reduction, suspension, removal, disqualification, monetary penalty, disciplinary sanction, or comparable punitive consequence stays execution and enforcement of the challenged consequence while it remains before the Judge Advocate General. The stay does not vacate the challenged judgment or determine the merits of the petition.

(d) The Judge Advocate General may enlarge, narrow, modify, or dissolve a stay after certiorari is granted. A Military Judge or Assistant Judge Advocate General may not modify a stay entered by the Judge Advocate General.

Rule 106. Proceedings After Certiorari Is Granted.

(a) Upon grant of certiorari, a merits docket shall be opened before the Judge Advocate General and permanently linked to the petition docket, appellate docket, and originating trial docket. The merits docket shall identify the parties, counsel, originating service, scope of the grant, accepted Questions Presented, relevant lower record, briefs, motions, argument, orders, opinion, judgment, rehearing proceedings, and mandate.

(b) The petitioner shall file an opening brief addressing the Questions Presented accepted by the Judge Advocate General, followed by a responsive merits brief and a reply if the petitioner elects to file one. The briefs shall address jurisdiction, the relevant record, governing authority, argument concerning each accepted question, and the precise disposition sought.

(c) The merits proceeding is ordinarily confined to the record developed below. When resolution of a granted question requires additional factual development, the Judge Advocate General may remand the identified matter for fact-finding while retaining jurisdiction or may vacate and remand when further proceedings below are necessary before final resolution.

(d) No motion, brief, argument, or supplemental filing may be used to enlarge the Questions Presented accepted in the order granting certiorari.

Rule 107. Brief of an Amicus Curiae.

(a) The Judge Advocate General may permit a brief of an amicus curiae when the filing presents a substantial legal perspective, institutional interest, historical material, or argument relevant to an accepted Question Presented that is not adequately presented by the parties. An amicus curiae does not become a party, may not enlarge the Questions Presented, and may not introduce evidence outside the record.

(b) An amicus brief may be filed only with leave of the Judge Advocate General unless expressly authorized by standing rule. Participation by an amicus curiae in oral argument requires separate permission from the Judge Advocate General.

Rule 108. Oral Argument and Submission Before the Judge Advocate General.

(a) After merits briefing is complete, the Judge Advocate General may order oral argument or submit the case for decision upon the briefs. An order setting argument shall identify the date, time, authorized location or Discord channel, counsel permitted to argue, time allotted, and any limitation upon the Questions Presented to be argued.

(b) Counsel shall be prepared to address jurisdiction, controlling precedent, the relevant record, consequences of the legal rule advocated, and the precise disposition requested. Oral argument shall not be used to introduce new evidence or an independent Question Presented not accepted in the grant of certiorari.

(c) The case is submitted for decision when argument concludes or, when no argument is ordered, when the Judge Advocate General enters the case as submitted upon the briefs. No additional merits brief may thereafter be filed unless requested or permitted by the Judge Advocate General.

Rule 109. Opinions, Judgments, and Precedent.

(a) A merits determination of the Judge Advocate General shall be issued through a written opinion identifying the case, procedural history, Questions Presented, material facts necessary to decision, governing law, analysis, holding, and disposition. The Judge Advocate General may affirm, reverse, vacate, affirm in part and reverse in part, affirm in part and vacate in part, expressly modify the judgment, vacate and remand, or dismiss the underlying proceeding when dismissal is authorized under Rule 110.

(b) A published merits holding of the Judge Advocate General constitutes binding precedent throughout the military courts governed by these Rules. A denial of certiorari, procedural order, stay order, request for response, or scheduling order does not constitute a merits holding and shall not be treated as substantive precedent.

(c) The Judge Advocate General may overrule a prior holding of the Judge Advocate General through a subsequent published merits opinion identifying the precedent overruled and the rule replacing it. A decision distinguishing prior precedent shall identify the material distinction upon which the earlier holding remains applicable to other proceedings.

Rule 110. Extraordinary Dismissal and Purging of Record.

(a) After obtaining jurisdiction over a case, the Judge Advocate General may dismiss the underlying proceeding throughout the military courts when the record establishes that the originating tribunal lacked jurisdiction, the proceeding was instituted without lawful authority, continued prosecution is prohibited by controlling law, the charge or proceeding is legally incapable of being maintained, or a fundamental defect renders the proceeding incapable of lawful correction through reversal, vacatur, modification, or remand. The dismissal order shall state the ground for dismissal and whether dismissal is with prejudice or without prejudice.

(b) When dismissal with prejudice is entered and continued maintenance of the ordinary record would perpetuate a punitive, disciplinary, or legal consequence of a proceeding determined incapable of lawful maintenance, the Judge Advocate General may order the affected record purged to the extent specifically stated in the judgment. The order may direct removal from ordinary case searches, public registers, personnel-facing judicial histories, punishment records, disciplinary records, and comparable repositories maintained by or for the Corps.

(c) A purge order shall separately identify any conviction, finding, sentence, punishment, sanction, disqualification, or adverse disposition required to be removed. Once executed, ordinary systems of the Corps shall not represent the affected person as having been convicted, punished, sanctioned, or subjected to an adverse disposition arising solely from the purged proceeding.

(d) Purging a record does not authorize destruction of the opinion and judgment ordering dismissal and purge or the minimum audit information necessary to establish execution of the order. The Clerk shall maintain a restricted archival record containing the final judgment, original case identifiers, date of execution, categories of records affected, and audit entries necessary to demonstrate compliance. The restricted record shall not appear in ordinary searches or be used as an adverse criminal, disciplinary, personnel, or character record.

(e) Evidence independently belonging to another proceeding, material subject to an independent preservation requirement, and records necessary to establish the integrity of the judicial system shall not be destroyed merely because a purge has been ordered. Such material shall be segregated, access-restricted, and marked so that retention cannot operate to restore or perpetuate the dismissed proceeding.

Rule 111. Remand.

(a) When the Judge Advocate General remands a case, the judgment shall identify whether jurisdiction returns to the Assistant Judge Advocate General or Military Judge and shall state the matters to be addressed on remand. The judgment shall specify whether additional evidence or fact-finding is permitted, whether a new hearing or trial is required, whether unaffected portions of the prior judgment remain operative, and whether the Judge Advocate General retains jurisdiction over any portion of the proceeding.

(b) Every holding of the Judge Advocate General governing the remanded matter binds the receiving judicial authority. The receiving authority may determine matters left open by the mandate but shall not reconsider a question conclusively resolved by the Judge Advocate General.

Rule 112. Rehearing.

(a) A party may petition for rehearing of a merits judgment of the Judge Advocate General upon an intervening change in controlling law, a material matter in the existing record demonstrably overlooked by the Judge Advocate General, a material error concerning the procedural record, or a substantial jurisdictional defect affecting the judgment. Rehearing shall not be used merely to repeat arguments already considered.

(b) No response to a Petition for Rehearing shall be filed unless requested by the Judge Advocate General, and rehearing shall not be granted without first providing the opposing party an opportunity to respond. A successive Petition for Rehearing shall not be docketed unless expressly permitted by the Judge Advocate General because the prior rehearing proceeding produced a new judgment to which the asserted ground could not previously have applied.

(c) Filing a Petition for Rehearing stays issuance of the mandate but does not automatically alter an existing custody, punishment, or stay order. The Judge Advocate General may preserve, modify, or dissolve such an order while rehearing remains pending.

Rule 113. Mandate and Return of Jurisdiction.

(a) The mandate formally concludes merits proceedings before the Judge Advocate General and returns jurisdiction as directed by the judgment. It shall identify the proceeding, linked appellate and trial proceedings, disposition entered, judicial authority receiving jurisdiction, proceedings required on remand, and effective date.

(b) Until the mandate issues, the Judge Advocate General retains jurisdiction necessary to protect and give effect to the judgment. Upon issuance, a stay resulting solely from the grant of certiorari terminates except to the extent the judgment or mandate expressly continues it.

(c) The Judge Advocate General may recall a mandate to correct a jurisdictional defect, prevent execution of a judgment inconsistent with the decision actually entered, give effect to a timely rehearing determination, or correct a clerical error materially affecting the mandate. Recall shall not serve as an unrestricted means of reopening a final case.

Rule 114. Extraordinary Writs.

(a) The Judge Advocate General may entertain a Petition for an Extraordinary Writ when the writ is necessary in aid of the existing or prospective appellate jurisdiction of the Judge Advocate General, exceptional circumstances require immediate exercise of supervisory judicial authority, and adequate relief cannot reasonably be obtained through ordinary trial proceedings, ordinary appeal, or certiorari.

(b) The extraordinary writs available under this Rule are a Writ of Mandamus directing performance of a nondiscretionary judicial duty required by law; a Writ of Prohibition preventing a lower judicial authority from exercising jurisdiction or taking judicial action it lacks authority to take; a Writ of Habeas Corpus where jurisdiction exists to determine the legality of military custody or confinement; and a Writ of Coram Nobis where a final military judgment remains subject to such relief and the petitioner establishes a fundamental error within the lawful scope of the writ.

(c) A petition shall identify the writ sought, judicial officer or authority against whom relief is directed, underlying proceeding, precise act required or prohibited, jurisdictional basis, exceptional circumstances asserted, and reason adequate relief cannot be obtained through ordinary procedure.

(d) The Judge Advocate General may deny the petition without requesting a response. Before granting an extraordinary writ materially affecting another party or judicial authority, the Judge Advocate General shall provide an opportunity to respond unless immediate temporary action is necessary to preserve jurisdiction or prevent an irreversible consequence.

Rule 115. Administration of Proceedings Before the Judge Advocate General.

(a) The Clerk shall receive and docket filings, maintain the authoritative judicial record, issue procedural notices, identify formal deficiencies, transmit orders and judgments, maintain the calendar, and perform the ministerial functions required by these Rules. The Clerk shall not grant or deny certiorari, decide a Question Presented, determine the merits of a motion, issue a writ, alter a judgment, or exercise judicial power committed to the Judge Advocate General.

(b) Judicial notifications to the Judge Advocate General shall be limited to matters requiring action by the Judge Advocate General, including a Petition for a Writ of Certiorari, a requested response, a petition ready for consideration, a filing in a granted merits proceeding, a motion requiring judicial determination, an extraordinary-writ petition, an emergency application, a Petition for Rehearing, and a matter requiring action before mandate. Routine trial and service appellate activity shall not generate judicial notifications to the Judge Advocate General merely because the Judge Advocate General possesses Corps-wide administrative access.

(c) When the Judge Advocate General is recused or otherwise unable to exercise judicial authority in a proceeding, the Deputy Judge Advocate General may act only pursuant to a written designation. The designation shall identify its basis, scope, effective time, termination, and proceedings or judicial powers to which it applies. Judicial acts entered under such authority shall identify the Deputy Judge Advocate General as “Acting for the Judge Advocate General.”

(d) Administrative authority over the Corps and supreme judicial authority shall remain distinguishable within the Case Portal and official records. Administrative access shall not be represented as judicial assignment, participation, consideration, or approval.

Rule 120. Proceedings for Extraordinary Relief.

(a) A request for extraordinary judicial intervention shall be filed in the court possessing authority under these Rules to grant the particular relief sought. A petition shall identify the underlying proceeding, the judicial or governmental action challenged, the relief requested, the jurisdictional basis for intervention, and the reason ordinary procedure is inadequate.

(b) Extraordinary relief shall not be used to bypass an available ordinary appeal solely because a party prefers immediate review. When extraordinary jurisdiction properly belongs to the Judge Advocate General, Rule 114 governs proceedings before the Judge Advocate General.

Rule 121. Emergency Judicial Review.

(a) A party requesting emergency judicial review shall identify the specific judicial act or consequence requiring immediate consideration, the time at which the consequence is expected to occur, the relief sought, and the reason review through ordinary scheduling would be ineffective.

(b) Emergency review may result in a temporary administrative hold or specifically defined judicial stay when necessary to preserve the court's ability to determine the request. Temporary preservation of the status quo does not constitute a decision on the merits.

(c) Knowingly and willfully submitting materially false information to obtain emergency judicial intervention may result in contempt, professional discipline, administrative action, or proceedings under applicable law.

Rule 122. Orders to Show Cause.

(a) A judicial authority may issue an Order to Show Cause requiring an identified person or party to explain why a specified judicial action should not be taken. The order shall identify the conduct, omission, status, or legal question requiring explanation and the manner and deadline for response.

(b) An Order to Show Cause shall not predetermine the matter to which the response is directed. The responding person shall receive a meaningful opportunity to address the grounds stated in the order before an adverse determination is entered, except where controlling law authorizes immediate temporary action.

Rule 123. Consolidation.

(a) Separate proceedings may be consolidated when they involve common parties, substantially overlapping facts, common legal questions, or related judicial determinations and consolidation would materially promote orderly adjudication without unfair prejudice.

(b) An order of consolidation shall identify whether the proceedings are consolidated for hearing, discovery, briefing, trial, or all further proceedings. Unless expressly merged by lawful judgment, the original case numbers and historical dockets shall remain preserved.

Rule 124. Severance.

(a) A judicial authority may sever claims, charges, parties, or issues when separate adjudication is necessary to prevent material prejudice, avoid confusion, protect restricted matters, accommodate materially different procedures, or permit orderly resolution.

(b) A severed proceeding shall receive a distinct case number and docket when it will proceed independently. The relationship to the originating case and the order authorizing severance shall remain permanently recorded.

Rule 130. Judicial Notifications.

(a) Judicial notifications shall be directed to the judicial authority responsible for the proceeding in which action is required. A filing before a Military Judge shall not generate appellate or final-review notifications merely because an Assistant Judge Advocate General or the Judge Advocate General possesses oversight or administrative access.

(b) Appellate filings shall notify the responsible Assistant Judge Advocate General when appellate action is required. A Petition for a Writ of Certiorari and proceedings after a grant shall notify the Judge Advocate General or a Deputy Judge Advocate General formally acting for the Judge Advocate General as provided by these Rules.

(c) Notification is administrative and does not itself confer jurisdiction, establish service, enter an order, or constitute judicial consideration of the filing.

Rule 131. Supervisory Access of an Assistant Judge Advocate General.

(a) An Assistant Judge Advocate General may possess read-oriented supervisory access to cases arising within a service assigned to that office for the purpose of maintaining awareness of military justice administration and performing responsibilities lawfully assigned to the office.

(b) Supervisory access does not permit an Assistant Judge Advocate General to decide trial motions, direct a Military Judge's findings, alter evidence rulings, modify hearings or deadlines, impose or alter punishment, or otherwise exercise trial-level judicial authority before appellate jurisdiction has arisen.

(c) Routine subordinate case activity shall not generate judicial alerts to the Assistant Judge Advocate General. Notifications shall be limited to appellate matters and specifically identified supervisory actions requiring attention.

Rule 132. Administrative Authority of the Judge Advocate General.

(a) The Judge Advocate General possesses Corps-wide administrative access necessary to administer the judicial system, maintain the integrity of official records, supervise authorized personnel, and perform the responsibilities assigned to the office. Such access may include technical ability to inspect cases, records, filings, assignments, access controls, and system administration.

(b) Administrative access is not judicial assignment. A case does not become pending before the Judge Advocate General because the Judge Advocate General can inspect it, and routine case activity shall not be placed into the Judge Advocate General's judicial work queue solely because of administrative authority.

(c) Exercise of judicial authority over a particular matter shall occur through the procedures established by these Rules. Administrative access shall not be used to disguise a judicial decision or bypass the docket and record requirements applicable to judicial action.

Rule 133. Acting Authority of the Deputy Judge Advocate General.

(a) The Deputy Judge Advocate General does not constitute an intermediate appellate court between an Assistant Judge Advocate General and the Judge Advocate General. The Deputy Judge Advocate General shall not exercise the judicial authority reserved to the Judge Advocate General merely by virtue of holding that office.

(b) The Deputy Judge Advocate General may exercise the judicial authority of the Judge Advocate General when formally designated to act for the Judge Advocate General. The designation shall identify the basis for acting authority, effective date and time, terminating date, time, or event, proceedings to which the designation applies, and judicial powers included within the designation.

(c) While a designation is effective, an authorized judicial action shall be entered in the name of the Deputy Judge Advocate General acting for the Judge Advocate General. Expiration of the designation terminates the delegated judicial authority but does not invalidate lawful judicial acts entered while the designation was effective.

Rule 134. Official Forms.

(a) The Corps may establish official electronic or PDF forms for filings frequently used in judicial proceedings. A form may collect structured information necessary for docketing, service, routing, access control, or judicial consideration but shall not alter the substantive requirements imposed by these Rules.

(b) Failure to use an official form shall not by itself defeat an otherwise sufficient filing unless use of the form has been made mandatory by an applicable Rule or judicial order. The Clerk may require correction of a filing when omission of required information prevents proper processing.

Rule 135. File Security and Malware Review.

(a) An electronic file submitted to the judicial system may be subjected to security and malware review before being released for ordinary access. A file awaiting required security review may be recorded as received while remaining unavailable for ordinary download until the review is completed.

(b) Security review shall not alter the substantive contents of a filing. When a file cannot safely be released, the record shall preserve the filing event and identify the security disposition without exposing malicious content.

(c) Whoever knowingly and willfully bypasses, disables, falsifies, or circumvents a required security control for the purpose of introducing malicious material, obtaining unauthorized access, or causing unauthorized release of protected judicial information may be subject to contempt, professional discipline, administrative action, or proceedings under applicable law.

Rule 136. Audit Records.

(a) Material actions affecting a judicial record shall generate an audit record sufficient to identify the actor, action, affected record, time, result, and source of the action. Audit records shall be maintained separately from user-editable content and shall not be silently altered.

(b) Audit information shall be available only to persons possessing authority to inspect it. An audit record is not itself evidence of misconduct; it records system activity from which an authorized reviewer may determine what occurred.

(c) Actions originating through an authorized external integration shall identify that source and the authenticated identity associated with the action when available.

Rule 137. External Integrations.

(a) An authorized integration, including a Discord integration, may submit or receive judicial-system events only through authenticated backend procedures established for that integration. No external integration shall maintain a separate authoritative court record or override the Case Portal as the authoritative judicial system.

(b) An action originating through an integration remains subject to the same authorization, access control, filing, audit, and judicial-assignment requirements that would apply if the action originated through the Case Portal. Discord roles or permissions do not independently confer legal access to a case.

(c) Restricted or sealed information shall not be transmitted through an external integration unless the receiving function and recipient are expressly authorized to receive that information. Notification content shall be limited so that the existence of an integration does not disclose protected case information to unauthorized persons.

Rule 138. Technical Failures.

(a) A technical failure shall not be treated as a judicial ruling. When a system error prevents filing, service, access, hearing administration, or another required procedural act, the responsible judicial authority may enter an order necessary to restore the parties as nearly as practicable to the procedural position they would have occupied absent the failure.

(b) A person seeking relief because of a technical failure shall provide available information concerning the attempted action, approximate time, affected case, and nature of the failure. Technical logs may be consulted to verify the event but shall not replace judicial determination of the legal consequences.

Rule 139. Publication and Version History.

(a) Each official rulebook shall identify its status and version. A rulebook may be designated Pending Approval, Proposed, In Force, Superseded, or Repealed according to its actual legal status.

(b) Amendment, supersession, or repeal shall not erase the historical text of a rulebook. Prior versions shall remain identifiable so that a judicial record may establish which version governed a proceeding at a particular time.

(c) Publication of a draft, deployment of text to the website, or technical availability within the Case Portal does not by itself constitute adoption or make a proposed rule effective.

Rule 140. Local Procedures and Standing Orders.

(a) A judicial authority may establish procedural directions necessary for orderly administration of proceedings within that authority's jurisdiction when those directions are consistent with these Rules, the Rules of Evidence, the Uniform Code of Military Justice, and controlling precedent of the Judge Advocate General.

(b) A local procedure or standing order shall not create a substantive offense, alter appellate jurisdiction, diminish a right established by controlling law, authorize access to restricted material contrary to these Rules, or contradict a binding holding of the Judge Advocate General.

(c) A standing order intended to govern more than one case shall be maintained as an identifiable judicial or administrative record and shall state the authority issuing it and the date upon which it takes effect.

Rule 141. Rules of Evidence and Code of Professional Conduct.

(a) The Rules of Evidence constitute a separate body of rules governing the admissibility, consideration, and treatment of evidence in proceedings to which those Rules apply. Nothing in these Rules shall be construed to replace the Rules of Evidence.

(b) The Code of Professional Conduct constitutes a separate body of rules governing professional conduct, judicial conduct, disciplinary responsibilities, and standards applicable to persons subject to that Code. A procedural violation does not automatically constitute professional misconduct unless the Code of Professional Conduct or controlling law makes the conduct subject to discipline.

(c) Where conduct occurring during a proceeding may implicate both these Rules and the Code of Professional Conduct, the judicial proceeding and any professional disciplinary proceeding shall remain procedurally distinct unless governing authority expressly provides otherwise.

Rule 142. Relationship to the Uniform Code of Military Justice.

(a) The Uniform Code of Military Justice establishes substantive military law and those jurisdictional, procedural, and punitive provisions placed within that Code. These Rules shall operate with the Uniform Code of Military Justice without inventing or implying an offense, element, defense, punishment, or jurisdictional grant not contained in controlling law.

(b) When the Uniform Code of Military Justice is amended, the Case Portal may be updated to support article numbers, offense titles, specifications, elements, classifications, punishments, and related metadata established by the Code. Technical implementation shall not alter the legal text or effect of the Code.

(c) The final authoritative judicial interpretation of the Uniform Code of Military Justice within the military courts governed by these Rules belongs to the Judge Advocate General as provided by Title VI.

Rule 143. Transition of Existing Proceedings.

(a) Adoption of these Rules shall not erase, recreate, or renumber a proceeding already pending. Existing dockets, filings, orders, assignments, and records shall remain preserved and shall be administered under these Rules to the extent application to the pending proceeding is practicable and lawful.

(b) A procedural act lawfully completed before these Rules became applicable shall not become invalid solely because these Rules prescribe a different procedure for future acts. Subsequent proceedings shall comply with the rules then governing unless a judicial order or controlling law requires application of an earlier procedure.

Rule 144. Superseded Procedural Rulebooks.

(a) Upon these Rules becoming effective, any prior Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, and Rules governing proceedings before the Judge Advocate General that are expressly superseded by adoption of these Rules shall cease to govern new procedural acts except where an applicable transition provision requires otherwise.

(b) Superseded rulebooks shall remain available as historical judicial materials. A superseded rulebook shall be clearly identified as superseded and linked to the version that replaced it so that prior proceedings and citations remain intelligible.

(c) Supersession of a procedural rulebook does not supersede the Rules of Evidence, the Code of Professional Conduct, or the Uniform Code of Military Justice unless the adopting authority expressly provides otherwise.

Rule 145. Amendment of the Rules.

(a) An amendment to these Rules shall identify the Rule or Rules affected and the text added, amended, repealed, or redesignated. Each adopted amendment shall be associated with the resulting rulebook version so that the history of the Rules can be reconstructed.

(b) A proposed amendment has no judicial effect merely because it has been drafted, published for review, entered into the website, or technically deployed. The amendment acquires legal effect only through the approval required for adoption and according to the effective status assigned to it.

Rule 146. Effective Status.

(a) These Rules shall not govern judicial proceedings while designated Pending Approval or Proposed. The status displayed by the official rulebook shall accurately reflect whether the Rules have been adopted and placed in force.

(b) Upon lawful approval, the Rules shall be designated In Force and the official record shall identify the version placed into effect. No adoption date or effective date shall be represented unless that date has actually been established by the adopting authority.