§ Rule 12-I. Motions Practice
Rule 12-I. Motions Practice
(a)Before filing any motion, except motions filed pursuant to Rule 11, the moving party shall first ascertain whether other affected parties will consent to the relief sought. For motions filed pursuant to Rule 11, good faith efforts to resolve or dispose of the issues in dispute must be made before the motion is served pursuant to Rule 11(c)(1)(A). Only when the movant certifies in writing that despite diligent efforts consent could not be obtained, or in the case of Rule 11 motions, resolution of the disputed issues is not possible, will the Court consider the motion as a contested matter. If consent is obtained, and if the relief does not require court approval, the party seeking the relief may memorialize the other parties' consent in a letter to such parties (which shall not be filed) or in a praecipe filed and served as provided in Rule 5. If the relief sought is consented to but requires court approval, the moving party shall file, serve, and provide to the assigned judge a courtesy copy of a motion which includes the word “Consent” in its title and states that all affected parties have consented to the relief sought. No response to a consent motion is required. The Court will generally enter the proposed order, submitted with a consent motion pursuant to paragraph (e) of this rule, unless the Court determines that the order is not proper form or would unduly protract the litigation or otherwise be inappropriate. Copies of any order entered by the Court with respect to a consent motion will be docketed and mailed to the parties pursuant to Rule 77(d).
(b) Judge in Chambers.
(i) The following matters may at any time be presented for disposition to a Judge in Chambers designated by the Chief Judge, either ex parte or with opposing counsel, as appropriate: Approval of accounts, warrants and return of warrants, approval of subpoenas for administrative proceedings, applications for appointment of special process servers in small claims cases, applications for name change, petitions to release mechanic's liens, applications for entry of administrative agencies' final orders as judgments, petitions to take depositions pursuant to Rule 27(a), master-meter proceedings under D.C.Code § 43-541 et seq. (1981) [§ 43-541 et seq., 2001 Ed.]; and requests for issuance of subpoenas under Rule 28-I(b).
(ii) The following matters, if presented on the day the complaint is filed, must be presented to the Judge in Chambers; thereafter, such matters must be presented to the judge assigned to the case: Appointment of a special process server, motions with respect to publication of notice requirements, judicial approval of settlements involving minors, motions regarding security for costs, writs of ne exeat, applications to set bonds, applications for temporary restraining orders, writs of attachment before judgment, writs of replevin, libels of information, motions for protective orders barring access to court documents and motions to use pseudonyms in any pleading or paper filed in a case.
(c) Judge on Emergency Assignment.Any motion requiring immediate judicial attention at a time outside the regular business hours of the court may be presented to the Judge on Emergency Assignment. The Chief Judge shall establish a roster for such emergency assignments.
(d) Form of Motions.With the exception of motions made in open court during hearing or trial when opposing counsel is present and motions made under emergent conditions, every petition or motion to the Court shall be reduced to writing and filed with the Clerk. Every motion shall state clearly its object and the grounds on which it is based or the reasons for the relief sought. If a motion is consented to by all affected parties, that fact shall be indicated in the title of the motion, e.g., “Consent Motion to Extend Time for Filing Plaintiff's Rule 26(b)(4) Statement.”
(e) Points and Authorities; Failure to File Opposing Points and Authorities.With each motion and opposition there shall be filed and served a proposed order for the Court's signature which shall contain a list of all persons with their current addresses to whom copies of the judge's order shall be sent. Each motion shall be accompanied by the specific points and authorities to support the motion, including, where appropriate a concise statement of material facts. Such statement of points and authorities shall be a part of the record. All citations to cases decided by the United States Court of Appeals for the District of Columbia Circuit shall include the volume number and page of both U.S. App. D.C. and the Federal Reporter. The points and authorities shall be captioned as such and placed either on a separate paper or below all other material, including signatures, on the last page of the motion. A statement of opposing points and authorities shall be filed and served within 10 days or such further time as the Court may grant. If a statement of opposing points and authorities is not filed within the prescribed time, the Court may treat the motion as conceded.
(f) Hearing: When Allowed.A party may specifically request an oral hearing by endorsing at the bottom of the party's motion or opposition, above the party's signature, “Oral Hearing Requested”; but the Court in its discretion may decide the motion without a hearing. If the judge assigned to the case determines to hold a hearing on the motion, that judge shall give to all parties appropriate notice of the hearing and may specify the matters to be addressed at the hearing and the amount of time afforded to each party. If a pending motion is resolved by counsel, the movant must immediately notify the Court by telephone.
(g) Same: Failure of 1 Party to Appear.If, at the time the case is called for hearing on a petition or motion the moving party fails to appear, the petition or motion may be treated as submitted or waived, or may be continued or stricken from the calendar. If the opposing party fails to appear, it may be treated as conceded, or the court in its discretion may hear argument on behalf of the party appearing.
(h) Movant to Provide Pretrial Conference Scheduling Order.At the end of each motion, the movant shall provide a proposed order, as required by Rule 12-I(e), that reflects the existing scheduling order dates as well as the proposed dates that are sought by the motion. If a specific court event has been set (e.g., case evaluation, pretrial conference, or trial), that date shall be shown in the caption of the motion, immediately below the calendar designation, as, for example, “Next Event: Mediation 11/25/91.”
(i)[Vacant].
(j) Motions to Vacate Default; Verified Answer.A motion to vacate an entry of default or a judgment by default, or both, shall comply with the requirements of Rule 55(c).
(k) Motions for Summary Judgment.In addition to the points and authorities required by subparagraph (e) of this Rule, there shall be served and filed with each motion for summary judgment pursuant to Rule 56 a statement of the material facts numbered by paragraphs as to which the moving party contends there is no genuine issue. Each material fact shall be stated in a separate numbered paragraph. Any party opposing such a motion may, within 10 days after service of the motion upon the party, serve and file a concise statement of genuine issues setting forth all material facts numbered by paragraphs as far as possible to correspond to the paragraphs of the movant's statement of facts claimed not to be in issue as to which it is contended there exists a genuine issue necessary to be litigated. The opponent's statement of disputed material facts shall be stated in separate numbered paragraphs that correspond to the extent possible with the numbering of the paragraphs in the movant's statement of facts claimed not to be in issue. In determining any motion for summary judgment, the Court may assume that the facts as claimed by the moving party are admitted to exist without controversy except as and to the extent that such facts are asserted to be actually in good faith controverted in a statement filed in opposition to the motion. Any statement filed pursuant to this section of this Rule shall include therein references to the parts of the record relied on to support such statement and shall be a part of the record.
(l) Order.Notwithstanding that a proposed order was submitted with a motion as provided in 12-I(e), counsel prevailing at oral argument shall, unless otherwise directed by the court, submit, within 5 days after the court shall rule on any motion, a proposed form of order in accordance with the court's ruling, having previously transmitted a copy thereof to opposing counsel.
(m) Matters Taken Under Advisement.If a decision has not been rendered within 45 days of the date on which a motion was filed or a nonjury trial concluded, the Clerk shall send notice of that fact to the assigned judge and shall repeat such notice every 30 days thereafter until a decision is rendered. If no decision has been rendered within 60 days of the issuance of the 1st such notice, the Clerk thereafter shall so advise that judge and the Chief Judge, and the assigned judge shall provide to the Chief Judge within 30 days a written explanation for why the decision has not been rendered. The Chief Judge may take any action the Chief Judge deems appropriate in order to cause the matter to be decided promptly.
(n) Time Limit for Motions.All motions, other than motions specified in Rule 16(d) and post-trial motions, must be filed by the deadline set forth in the scheduling order issued pursuant to Rule 16(b). For good cause shown, the Court may extend the period for filing such motions.