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TITLE 38 App. > RULES > Rule 5

Rule 5. Stay of Appellate Proceedings

(a) Grounds.
(1) On its own initiative or on a party’s motion, the Court may stay its proceedings when—
(A) a motion has been filed for the Board to reconsider or vacate its decision; or
(B) a pro bono representation program, operating under a grant or contract made under the authority first provided in Public Law No. 102–229, is conducting case evaluation; or
(C) it is otherwise in the interest of judicial efficiency, but not for the purpose of negotiating a settlement or remand (see paragraph (2) of this subsection) or of extending the time for making any filing (see Rule 26 (b)).
(2) A joint motion for a stay or stays of proceedings, not to exceed 60 days in total in a particular case, may be granted to allow the parties to negotiate a settlement or joint remand.
(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. When a stay expires, 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 may move for continuation of the stay except to the extent that the duration sought is prohibited by subsection (a)(2), above. Such motion must satisfy the requirements of Rule 27 (a), but is not governed by Rule 26 (b).
(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.

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