Rule 8: Suspending or Compelling Secretarial Action Before Mandate or Suspending Precedential Effect of Decision of This Court Pending Its Appeal.
(a) Motions Under This Rule.
(1) Suspending Secretarial Action. After an appeal or petition has been filed in this Court but before the Court has decided the matter, a party may file a motion seeking a Court order to suspend action by the Secretary or the Board.
(2) Compelling Secretarial Action. After this Court has issued a decision but before mandate, a party may file a motion seeking a Court order to compel the Secretary to comply with that decision.
(3) Suspending Precedential Effect of a Decision of This Court. After this Court has issued a precedential decision but before mandate, a party may file a motion seeking a Court order to stay the precedential effect of that decision pending its appeal.
(b) Filing of Motion. The moving party shall submit for filing with the Clerk a motion described in paragraph (a) of this section and serve a copy thereof on all other parties by an expedited method (including express mail, overnight delivery, fax, or other electronic transmission, or hand delivery).
(c) Content. The motion shall–
(1) state the reason for the relief requested and the facts relied on, citing relevant parts of the record, as appropriate, or including an appendix containing any documents necessary to understand and support the motion; and
(2) be supported by affidavits or other sworn statements addressing any facts in dispute.
