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TITLE 38 App. > RULES > Rule 8

Rule 8. Suspension of Secretarial Action Pending Disposition of Appeal or Petition

(a) Filing of Motion. After an appeal or petition has been filed, an appellant or petitioner seeking a Court order to suspend action by the Secretary or the Board pending proceedings in the Court must file with the Clerk a motion and serve a copy on all other parties by an expedited method (including express mail, overnight delivery, fax or other printed electronic transmission, or hand delivery).
(b) Content. The motion must—
(1) state the reason for the relief requested and the facts relied on; and
(2) be supported by affidavits or other sworn statements addressing any facts in dispute.
(c) Court Action. The motion normally will be considered by a panel of three or more judges, but in exceptional cases the motion may be acted on by a single judge pending consideration by a panel.

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