---
kind: "section"
citation: "39 C.F.R. § 955.26"
title: "39"
number: "955.26"
heading: "(Rule 26) Failure to prosecute."
url: "https://uscodex.org/cfr/39/955.26"
---

# §955.26. (Rule 26) Failure to prosecute.

- (a) The Board may issue an order to show cause why an appeal should not be dismissed or granted, as appropriate, for failure to prosecute when a party:
  - (1) Fails to file a document required by this part;
  - (2) Fails to respond to notices or correspondence from the Board;
  - (3) Fails to comply with the Board's orders; or
  - (4) Otherwise indicates it will not continue to participate in an appeal.
- (b) If the offending party fails to show cause, the Board may grant, deny, or dismiss the appeal for failure to prosecute or take any other reasonable action under the circumstances.

## Notes

### Authority

Authority: 39 U.S.C. 204, 401; 41 U.S.C. 7101-7109.

### Source

Source: 90 FR 25895, June 18, 2025, unless otherwise noted.