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Rule 28. Form of Petition for Extraordinary Relief, Writ Appeal Petition, Answer, and Reply

(a) Petition/writ appeal petition. A petition for extraordinary relief or a writ appeal petition for review of a Court of Criminal Appeals decision on application for extraordinary relief will be accompanied by any order or opinion or parts of the record that may be essential to understanding the matters set forth in the petition, and will be substantially in the following form: 10AR28.eps Preamble The (petitioner) (appellant) hereby prays for an order directing the (respondent) (appellee) to: [Briefly state the relief sought.] I History of the Case [See Rule 27 (a)(2)(B)(i)] II Reasons Relief Not Sought Below [See Rule 27 (a)(2)(B)(ii)] III Relief Sought [State with particularity the relief which the petitioner or appellant seeks to have the Court order.] IV Issues Presented [Do not include citations of authority or discussion of principles. Set forth no more than the full question of law involved.] V Statement of Facts [See Rule 27 (a)(2)(B)(v)] VI Reasons Why Writ Should Issue [Where applicable, indicate why the Court of Criminal Appeals erred in its decision] VII Respondents’ Addresses, Telephone, and Facsimile Numbers [See Rule 27 (a)(2)(B)(vii)] XXXXXXXXXXXXXXXXXXXXXXXX Signature of [petitioner] [appellant] [counsel] XXXXXXXXXXXXXXXXXXXXXXXX Address, telephone no., and facsimile no. of [petitioner] [appellant] [counsel] certificate of filing and service I certify that a copy of the foregoing was [delivered] (or) [mailed—specify class] (or) [delivered to—specify the name of the third-party commercial carrier—for delivery and specify within how many days delivery will be effected] to the Court, [delivered] (or) [mailed—specify class] (or) [delivered to—specify the name of the third-party commercial carrier—for delivery and specify within how many days delivery will be effected] (or) to the [trial or appellate military judge whose decision, judgment, or order is the subject of the petition], and [delivered] (or) [mailed—specify class] (or) [delivered to—specify the name of the third-party commercial carrier—for delivery and specify within how many days delivery will be effected] (or) [transmitted by electronic means with the consent of the counsel being served—specify the electronic mail address or facsimile number used] to XXXXXX, (email or facsimile no.) the [respondent] [appellee] on XXXX. (Date) XXXXXXXXXXXXXXXXXXX (Typed name and signature)   XXXXXXXXXXXXXXXXXXX (Address and telephone no.)  
(b) Answer. (1) The respondent’s answer to an order to show cause, if ordered by the Court after consideration of a petition for extraordinary relief, shall be in substantially the same form as that of the petition, except that the answer may incorporate the petitioner’s statement of facts, add supplementary facts, or contest the statement. To the extent that the petitioner’s statement of facts is not contested by the respondent, it shall be taken by the Court as representing an accurate declaration of the basis on which relief is sought. The answer to the order to show cause will be filed no later than 10 days after service on the respondent of the order requiring such answer, unless a different time for filing the answer is specified in the Court’s order.
(2) The appellee’s answer to a writ appeal petition shall be filed no later than 10 days after the filing of the appellant’s writ appeal petition.
(c) Reply. (1) A reply may be filed by the petitioner no later than 5 days after the filing of a respondent’s answer to an order to show cause.
(2) A reply may be filed by an appellant, in the case of a writ appeal petition, no later than 5 days after the filing of an appellee’s answer.
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