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Michigan Administrative Code (Last Updated: November 16, 2016) |
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Department MA. Military & Veteran's Affairs |
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Office of the Director and Adjutant General |
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Chapter Military Appeals Tribunal Procedures |
Section 32.177. Service of copy of petition for review and brief; default; rebuttal; filing of record with tribunal; amicus curiae brief.
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(1) A copy of the petition for review and brief shall be served upon the state judge advocate general and trial counsel within the time
limit prescribed in R 32.176.
(2) Within 28 days after service upon him or her of appellant's brief, the trial counsel shall file with the tribunal 4 typewritten or printed copies of his or her brief and shall serve, within the time prescribed in R 32.176, 1 copy on defense counsel.
(3) In the case of default by the trial counsel for failure to serve a brief in a timely manner, trial counsel shall have no right to oral argument, except upon order of the tribunal, and the tribunal may, after notice and opportunity to respond, make such other order or relief as it may deem appropriate, including awarding the appellant all or part of his or her requested relief.
(4) The appellant shall have 14 days from the date of service of appellee's brief to file and serve on appellee his or her brief in rebuttal, if any.
(5) Within 14 days after the accused's petition for review is filed with the tribunal, the state judge advocate general shall file the original and 3 copies of the record with the tribunal.
(6) An amicus curiae brief may be filed only by permission of the tribunal.
History: 1986 AACS.