§ Rule 73. Hearing Commissioners

Rule 73. Hearing Commissioners

(a) Powers; Procedure.When specifically designated to exercise such jurisdiction by the Chief Judge of the Superior Court and when all parties consent thereto, a hearing commissioner may exercise the authority provided by D.C.Code § 11-1732(a) and (j)(5) (1987 Supp.) and may conduct any or all uncontested or contested proceedings, determine nondispositive and dispositive pretrial matters, make findings and enter final judgments and orders in a civil case, except that a hearing commissioner may not preside at a jury trial or exercise the contempt power. The provisions of Rule 62 shall apply to judgments entered by a hearing commissioner. A record of the proceedings shall be made in accordance with Rule 201.

A party who fails both to file an answer, if an answer is required, and to otherwise appear in an action, shall be deemed to have consented that a hearing commissioner conduct all proceedings in the case.

The Court for good cause shown on its own motion or under extraordinary circumstances shown by a party, may vacate a reference of a civil matter to a hearing commissioner under this Rule.

(b) Judicial Review and Appeal.Judicial review of a final order or judgment entered upon direction of a hearing commissioner is available (1) on motion of a party to the Superior Court Judge designated by the Chief Judge to conduct such reviews or (2) on the initiative of the judge so designated. After that review has been completed, appeal may be taken to the District of Columbia Court of Appeals. The standard of review by the Superior Court Judge of a hearing commissioner's final order or judgment shall be the same as applied by the Court of Appeals on appeal of a judgment or order of the Superior Court.

(1) Upon Motion. A review of the hearing commissioner's final order or judgment, in whole or in part, shall be made by a judge designated by the Chief Judge upon motion of a party, which motion shall be filed and served within 10 days after entry of the order or judgment. The motion for review shall designate the order, judgment, or part thereof, for which review is sought, shall specify the grounds for objection to the hearing commissioner's order, judgment, or part thereof, and shall include a written summary of any evidence presented before the hearing commissioner relating to the grounds for objection. Within 10 days after being served with said motion, a party may file and serve a response, which shall describe any evidence or proceedings before the hearing commissioner which conflict with or expand upon the summary filed by the moving party. The judge designated by the Chief Judge shall review those portions of the hearing commissioner's order or judgment to which objection is made. The judge may decide the motion for review with or without a hearing and may affirm, reverse, modify, or remand, in whole or in part, the hearing commissioner's order or judgment.

(2) Review on Initiative of the Court. Not later than 30 days after entry of a hearing commissioner's final order or judgment, the judge designated by the Chief Judge may sua sponte review said order or judgment in whole or in part. After giving the parties due notice and opportunity to make written submissions on the matter, the judge, with or without a hearing, may affirm, reverse, modify, or remand, in whole or in part, the hearing commissioner's order or judgment.

(3) Termination of Time for Filing Motion for Review. The running of the time for filing a motion for review or for a judge to undertake review on the judge's own initiative is terminated as to all parties by the timely filing of any of the following motions with the hearing commissioner by any party, and the full time for review from the judgment entered by the hearing commissioner commences to run anew from entry of any of the following orders: (1) granting or denying a motion under Rule 52(b) to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (2) granting or denying a motion under Rule 59 to alter or amend the judgment; (3) denying a motion for a new trial under Rule 59.

(4) Interlocutory Motion for Review. An interlocutory decision or order by a hearing commissioner which, if made by a judge of this Court, could be appealed under any provision of law, may be reviewed by the judge designated by the Chief Judge by filing a motion for review within 10 days after entry of the decision or order. Review of such interlocutory decisions or orders shall not stay the proceedings before the hearing commissioner unless the hearing commissioner or the reviewing judge shall so order.

(5) Extension of Time to File Motion for Review. Upon a showing of excusable neglect and notice to the parties, the judge designated by the Chief Judge may, before or after the time prescribed by subparagraph (c)(1) or (c)(4) has expired, extend the time for filing a motion for review of a hearing commissioner's order or judgment for a period not to exceed 20 days from the expiration of the time otherwise prescribed by this Rule.

(6) Stay Pending Review. Upon a showing that the hearing commissioner has refused or otherwise failed to stay the judgment pending review under this Rule, the movant may, with reasonable notice to all parties, apply to the judge designated by the Chief Judge for a stay. The stay may be conditioned upon the filing of a bond or other appropriate security.

(7) Dismissal. For failure to comply with this Rule or any other Rule or order, the judge may take such action as is deemed appropriate, including dismissal of the motion for review. The judge also may dismiss the motion for review upon the filing of a stipulation signed by all parties, or upon motion and notice by the movant.

(d) Contempt.A hearing commissioner may order a person to show cause before the Presiding Judge of the Civil Division, or his or her designee, why the person should not be held in civil or criminal contempt for disobedience or resistance to any lawful order, process, or writ issued by the hearing commissioner or for any other act or conduct committed before a hearing commissioner which if committed before a judge would constitute contempt. An order to show cause why the person should not be held in contempt shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the contempt charged and describe it as such.

(e) Other Duties.The authority of a hearing commissioner in the Civil Division shall include the power to refer cases previously assigned to a hearing commissioner's calendar to the Civil Clerk's Office for redistribution pursuant to Rule 40-I(b). A hearing commissioner shall have the power to issue a bench warrant for parties who fail to appear in Court on a commissioner's calendar and may quash such a bench warrant. Hearing commissioners shall also have the power to conduct oral examinations and the power to rule on the following motions in cases assigned to any hearing commissioner's calendar: to continue trial or hearing dates, to extend any period of time prescribed or allowed by these rules or by order of the Court and to enter or withdraw appearances.