Stay Pending En Banc Review

Foreign Intelligence Surveillance Court Rules of Procedure

Rule: 51

Jurisdiction: US

Bluebook Citation: FISC R. 51

(a) Stay or Modifying Order. In accordance with 50 U.S.C. §§ 1803(a)(2)(B) and 1803(f), the Court en bane may enter a stay or modifying order while en bane proceedings are pending. (b) Statement of Position Regarding Continued Effect of Challenged Order. A petition for rehearing en bane and any response to the petition each must include a statement of the party's position as to whether and to what extent the challenged order should remain in effect if rehearing en bane is granted, pending a decision by the en bane Court on the merits.

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