Rule 40. Veterans, Seamen, and Military Cases

A veteran suing to establish reemployment rights under 38 U. S. C. §2022 , or under any other provision of law exempting veterans from the payment of fees or court costs, may proceed without prepayment of fees or costs or furnishing security therefor and may file a motion for leave to proceed on papers prepared as required by Rule 33.2 . The motion shall ask leave to proceed as a veteran and be accompanied by an affidavit or declaration setting out the moving party’s veteran status. A copy of the motion shall precede and be attached to each copy of the petition for a writ of certiorari or other substantive document filed by the veteran.

A seaman suing under 28 U. S. C. §1916 may proceed without prepayment of fees or costs or furnishing security therefor and may file a motion for leave to proceed on papers prepared as required by Rule 33.2 . The motion shall ask leave to proceed as a seaman and be accompanied by an affidavit or declaration settling out the moving party’s seaman status. A copy of the motion shall precede and be attached to each copy of the petition for a writ of certiorari or other substantive document filed by the seaman.

An accused person petitioning for a writ of certiorari to review a decision of the United States Court of Appeals for the Armed Forces under 28 U. S. C. §1259 may proceed without prepayment of fees or costs or furnishing security therefor and without filing an affidavit of indigency, but is not entitled to proceed on papers prepared as required by Rule 33.2 , except as authorized by the Court on separate motion under Rule 39 .