matter before the court shall be according to the opinion of a majority of the judges participating in the decision. In the absence of a quorum, any judge present for duty may make all necessary orders touching any proceedings pending in the court preparatory to hearing or decision thereof.

§ 150.05 Place for filing papers.

When the filing of a notice of appearance, brief, or other paper in the office of a Judge Advocate General is required by this part, such papers shall be filed in the office of The Judge Advocate General of the appropriate armed force. If transmitted by mail or other means, they are not filed until received in such office. § 150.06 Signing of Papers.

All formal papers shall be signed and shall show, typewritten or printed, the name and address of the person signing same, together with his military rank, if any, and the capacity in which he signs the paper. Such signature constitutes a certificate that the statements made therein are true and correct to the best of the knowledge, information, and belief of the person signing the paper, and that the paper is filed in good faith and not for purposes of unnecessary delay.

§ 150.07 Computation of time.

In computing any period of time prescribed or allowed by this part, by order of the court, or by any applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and holidays shall be excluded in the computation.

§ 150.08 Qualification of counsel.

(a) In any proceeding before the court, the accused may be represented by civilian counsel provided by him or by assigned appellate defense counsel. Civilian counsel shall be a member of the bar of a Federal court or of the highest court of a State, and may be required

to file a certificate setting forth such qualifications. Assigned appellate defense and Government counsel shall be qualified in accordance with Articles 70(a) and 27(b) (1).

(b) Civilian counsel may not act as counsel before the court if he has been suspended by The Judge Advocate General of the service concerned and such suspension has not been revoked (MCM, 1969 (Rev.), par. 43).

§ 150.09 Conduct of counsel.

(a) The conduct of counsel appearing before the court shall be in accordance with the rules of conduct prescribed in the Manual for Courts-Martial, 1969 (Revised Edition), paragraph 42b.

(b) The court may exercise its inherent right to remove, on an ad hoc basis, counsel misbehaving before or in relation to their appearance before the court. When a counsel has been so removed and the court considers that his conduct was such as probably to warrant suspension, either temporarily or indefinitely, the court shall report the misconduct to The Judge Advocate General of the service concerned and make such recommendations as deemed appropriate.

A request for representation by appellate defense counsel shall be forwarded to the convening or reviewing authority for attachment to the record or dispatched to the office of The Judge Advocate General within 10 days from the date of notice of the action of the convening or reviewing authority, whichever is later. In cases directed for review under Article 69, the accused shall have 5 days from the time he receives notice of such direction to forward a request for appellate defense counsel to the Office of The Judge Advocate General. Any request for appellate defense counsel may be accompanied by a statement as to the errors or other matters urged as grounds for relief. If trial defense counsel files a brief as provided in Article 38(c), the brief may be submitted in lieu of this statement.

§ 150.11 Retention of civilian counsel.

(a) Notice that an accused has retained or has taken action to retain civilian counsel to represent him before the court shall be forwarded to the convening

or reviewing authority for attachment to the record or dispatched to The Judge Advocate General within 15 days from the date of notice of the action of the convening or reviewing authority, whichever is later. In cases directed for review under Article 69, the accused shall forward such notice within 10 days after receipt of notice by him of such direction. The notice of retention of civilian counsel shall be signed by the accused or his representative and shall state the name and address of such civilian counsel. When the accused has forwarded a timely notice of intention to retain counsel, a notice of retainer stating the name and address of such counsel must be received in the office of The Judge Advocate General within 10 days of receipt of the notice of intention. Civilian counsel will thereafter be notified of the receipt of the record of trial in the office of The Judge Advocate General, the number of the case, and the arrangements made, or to be made, for a hearing before the panel or court sitting as a whole.

(b) If the accused has forwarded a timely notice of intention to retain civilian counsel, appellate defense counsel shall be assigned to represent the interests of the accused pending appearance of civilian counsel.

150.12 Failure to request or give notice of appellate counsel.

Failure of an accused to request appellate defense counsel or to give notice of retainer of civilian counsel or of intention to retain civilian counsel within the times prescribed may be regarded as a waiver of such right and the court may take final action in the case.

§ 150.13 Mandatory assignment of appellate defense counsel.

In all cases in which the United States is represented by counsel before the court, the accused shall be assigned appellate defense counsel.

150.14 Notice of appearance of counsel.

(a) In writing. Military and civilian appellate counsel shall file a written notice of appearance in the office of The Judge Advocate General.

(b) Filing of pleading and other paper. The filing of any pleading or other paper relative to a case in the office of

The Judge Advocate General which contains the signature of counsel constitutes notice of appearance for such counsel. § 150.15 Availability of records of trial to civilian counsel.

Ordinarily, the accused is expected to make his copy of the record of trial available to civilian counsel. If civilian counsel does not have access to the accused's personal copy of the record, arrangements may be made with appellate defense counsel to permit examination of a copy of the record in the office of The Judge Advocate General and to make a copy of the whole or any part thereof without expense to the Government.

§ 150.16 Assignment of errors; briefs.

(a) General provisions. Within 30 days after notification of the receipt of the record in the office of The Judge Advocate General, appellate counsel for the accused shall file an assignment of errors setting forth separately and particularly each error asserted and intended to be urged (§ 150.24). The assignment of errors may be included in, or filed in lieu of, a brief for the accused (§ 150.25). An original and five clear copies of all assignments of errors and briefs shall be submitted. Briefs and assignments of errors shall be typewritten, double-spaced on 8'' by 121⁄2" (legal cap) white paper, securely fastened at the top. All references to matters contained in the record shall show record page numbers and any exhibit designations. A brief on behalf of the Government shall be of like character as that prescribed for the accused.

(b) Number of briefs. Appellate counsel shall be limited to the filing of one brief for each side unless the court otherwise permits or directs.

(c) Time for filing. Any brief for an accused shall be filed within 30 days after his appellate counsel has been notified of the receipt of the record in the office of The Judge Advocate General. If The Judge Advocate General has directed appellate Government counsel to represent the United States, such counsel may file a brief on behalf of the Government within 30 days after any brief or an assignment of errors has been filed on behalf of an accused. If no brief is filed on behalf of an accused, a brief on behalf of the Government may be filed within 30 days after expiration of the time al

lowed for the filing of a brief on behalf of the accused.

(d) The time for filing briefs relating to issues specified by the court shall be as directed by the court.

(e) A brief of an amicus curiae may be filed only by permission of the court. § 150.17 Oral arguments.

(a) When heard; waiver. Oral arguments shall be heard after briefs have been filed in accordance with § 150.16 of this part. A case may be submitted without oral arguments with permission of the court.

(b) Notice of setting of arguments. The court shall give appellate counsel at least 10 days' notice of the time and place of oral arguments.

(c) Time limits. No more than 30 minutes on each side shall be allowed for oral argument unless the time is extended by leave of court.

(d) Number of counsel; opening and closing. The court in its discretion may limit the number of counsel making an oral argument. The defense has the right to make opening and closing arguments.

(e) Failure to appear. Failure of appellate counsel to appear at the time and place set for oral argument may be regarded as a waiver thereof and the court may proceed to act on the case as submitted without argument, or, in its discretion, may continue the case for argument at a later date, giving due notice thereof.

(f) Presence of accused. The accused does not have a right to be present at the hearing before the court. § 150.18

Decisions of the court.

(a) When hearing En Banc will be ordered. On their own motion, a majority of all the judges present for duty may order that a hearing or rehearing be referred to the court sitting as a whole. Such a hearing or rehearing ordinarily will not be ordered, except (1) when consideration of the full court is necessary to secure or maintain uniformity of its decisions, or (2) when the proceeding involves a question of exceptional importance, or (3) when the sentence, as approved by the convening authority, affects a general or flag officer or extends to death.

(b) Hearing En Banc at suggestion of a party. A party may suggest the appro

priateness of a hearing or rehearing by the court sitting as a whole. The suggestion shall be filed with the court within 5 days after appellate Government counsel files its reply to the assignment of errors. Upon receipt of such suggestion, all the judges present for duty shall be polled, and a majority vote on the suggestion is final.

(c) Notice of decisions. Notice of the decision of the court shall be accomplished as prescribed in the Manual for Courts-Martial, 1969 (Revised edition), paragraph 100, and when rendered shall be immediately served on appellate defense and Government counsel and The Judge Advocate General.

(d) Copies of decisions. A copy of the decision of the court shall be furnished appellate counsel for the accused.

(a) The court may, in its discretion and on its own motion, enter an order in any case not later than 30 days after service of its decision on the accused to reconsider such decision, provided a petition for grant of review or certificate for review has not been filled with the U.S. Court of Military Appeals, or a record of trial for review under Article 67(b) has not been received by that court. Copies of such order will be served on appellate defense counsel and appellate Government counsel. No briefs or arguments shall be received unless the order so directs.

(b) The court may, in its discretion, reconsider its decision in any case upon motion filed by either appellate defense counsel within 10 days from the time an accused is notified of the decision of the court or upon motion of appellate Government counsel within 10 days after receipt of its decision, provided a petition for grant of review or certificate for reviw has not been filed with the U.S. Court of Military Appeals, or a record of trial for review under Article 67(b) has not been received by that court.

(c) A motion for reconsideration shall briefly and directly state the grounds for reconsideration including a statement of facts showing jurisdiction in the court. A reply to the motion for reconsideration will be received by the court only if filed within 5 days of receipt of a copy of the motion. Oral arguments shall not be heard on a motion for reconsideration unless ordered by the court. The original

(a) General provisions. The court shall, as soon as practicable after receipt from The Judge Advocate General of a petition for a new trial in a case pending before the court, notify appellate counsel for the accused of such receipt.

(b) Additional investigation. The court on considering a petition for a new trial may, when it deems appropriate, refer the matter to The Judge Advocate General who shall cause further investigation to be made and to report the results thereof to the court.

(c) Answer. Appellate Government counsel shall file an answer to a petition for new trial within 10 days after being notified of the receipt thereof by the Court.

(d) Briefs. Any brief in support of a petition for new trial shall be filed within 10 days of appellate Government counsel's answer. If appellate Government counsel fails to file an answer, accused may file a brief within 10 days after the expiration of the time allowed for the filing of appellate Government counsel's answer. Appellate Government counsel's brief shall be filed within 10 days of the filing of accused's brief. If accused fails to file a brief, appellate Government

(a) Content. All motions, unless made during the course of a hearing, shall state with particularity the relief sought and the grounds therefor. Motions, pleadings, and other papers desired to be filed with the court may be combined in the same document, with the heading indicating, for example, "Motion To File (Supplemental Assignment of Errors) (Certificate of Correction) (Supplemental Pleading)," or "Assignment of Errors and Motion To File Attached Report of Medical Board".

(b) Opposition. Any opposition to a motion shall be filed within 5 days after receipt by the opposing party of service of the motion.

(c) Leave to file. Any pleading not required by this part shall be accompanied by a motion for leave to file such pleading. (d) Oral argument. Except when ordered by the court, oral argument shall not be permitted on motions. § 150.22

Continuances and interlocutory