Page 360 - Trump Executive Orders 2017-2021

Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10063

Rule 1210. New trial
(a) In general. At any time within three years after the date of entry of judgment, the accused
may petition the Judge Advocate General for a new trial on the ground of newly discovered
evidence or fraud on the court-martial. A petition may not be submitted after the death of the
accused. A petition for a new trial of the facts may not be submitted on the basis of newly
discovered evidence when the petitioner was found guilty of the relevant offense pursuant to a
guilty plea.
(b) Who may petition. A petition for a new trial may be submitted by the accused personally, or by
accused's counsel, regardless whether the accused has been separated from the Service.
(c) Form qfpetition. A petition for a new trial shall be written and shall be signed under oath or
affirmation by the accused, by a person possessing the power of attorney of the accused for that
purpose, or by a person with the authorization of an appropriate court to sign the petition as the
representative of the accused. The petition shall contain the following information, or an
explanation \.vhy such matters are not included:
(1) The name, service number, and current address of the accused;
(2) The date and location ofthe trial;
(3) The type of court-martial and the title or position of the convening authority;
(4) The request for the new trial;
(5) The sentence or a description thereof as reflected in the judgment of the case, with any
later reduction thereof by clemency or othenvise;
(6) A brief description of any finding or sentence believed to be unjust;
(7) A full statement of the newly discovered evidence or fraud on the court-martial which is
relied upon for the remedy sought;
(8) Affidavits pertinent to the matters in paragraph (c)(7) of this rule; and
(9) The at1idavit of each person whom the accused expects to present as a witness in the event
of a new trial. Each such affidavit should set forth briet1y the relevant facts within the personal
knowledge of the witness.
(d) F;tfect (![petition. The submission of a petition for a new trial does not stay the execution of a
sentence.
(e) Who may act on petition. If the accused's case is pending before a Court ofCtiminal Appeals
or the Court of Appeals for the Armed Forces, the Judge Advocate General shall refer the petition
to the appropriate court for action. Otherwise, the Judge Advocate General of the armed force
which reviewed the previous trial shall act on the petition, except that petitions submitted by
persons who, at the time of trial and sentence from which the petitioner seeks relief, were members
of the Coast Guard, and who were members of the Coast Guard at the time the petition is submitted,
shall be acted on in the Department in which the Coast Guard is serving at the time the petition is
so submitted.
(f) Grnundsfor new trial.
(1) In general. A new trial may be granted only on grounds of newly discovered evidence or
fraud on the court-martial.
(2) Nelvly discovered evidence. A new trial shall not be granted on the grounds of newly
discovered evidence unless the petition shows that:
(A) The evidence was discovered after the trial;
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(B) The evidence is not such that it would have been discovered by the petitioner at the
time of trial in the exercise of due diligence; and

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