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Rule 5: Stay of Appellate Proceedings

(a) Grounds. On its own initiative or on a motion by a party or an organization operating under the provisions of Public Law No. 102-229, the Court may stay its proceedings when-


(1) a motion has been filed for the Board to reconsider or vacate its decision, or


(2) an organization operating under the provisions of Public Law No. 102-229 is conducting case evaluation, or


(3) it is otherwise in the interest of judicial efficiency. See also Rule 45(g)(5).


(b) Effect of Stay. Unless and until the Court grants a motion under this Rule, such a motion does not suspend proceedings or interrupt preexisting filing schedules. Unless otherwise ordered, when a stay expires or is lifted, the preexisting filing schedule resumes at the point at which it was stayed.


(c) Continuation of Stay. Prior to the expiration of a stay, a party or an organization operating under the provisions of Public Law No. 102-229 may move for continuation of the stay. Such motion shall satisfy the requirements of Rule 27(a) (Content of Motions), but is not governed by Rule 26(b) (Extension of Time).


(d) Combined Motions Prohibited. A motion to stay the Court's proceedings may not be combined with any other motion. The Clerk will return any motion that violates this subsection.


Practitioner's Note: At the time these Rules were promulgated, the organization operating under the provisions of Public Law No. 102-229 was The Veterans Consortium Pro Bono Program.

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