§ Rule 81. Applicability in General

Rule 81. Applicability in General

 

(a) To What Proceedings Applicable.

 

(1) [Deleted].

 

(2) These Rules are applicable to proceedings for habeas corpus, and quo warranto, to the extent that the practice in such proceedings is not set forth in applicable statutes or the rules governing proceedings under D.C. Code § 23-110 and has heretofore conformed to the practice in civil actions. The writ of habeas corpus or order to show cause shall be directed to the person having custody of the person detained.

 

(3) In proceedings relating to arbitration, these Rules apply only to the extent that matters of procedure are not provided for in applicable statutes. These Rules apply to proceedings to compel the giving of testimony or production of documents in accordance with a subpoena issued by an officer or agency of the United States or of the District of Columbia under any applicable statute except as otherwise provided by statute or by rules of the applicable court or by order of the court in the proceedings.

 

(4) to (6) [Deleted].

 

(7) [Vacant].

 

(b) Scire Facias and Mandamus.The writs of scire facias and mandamus are abolished. Relief heretofore available by mandamus or scire facias may be obtained by appropriate action or by appropriate motion under the practice prescribed in these Rules.

 

(c)[Deleted].

 

(d)[Vacant].

 

(e) Law Applicable.When the word “state” is used, it includes, if appropriate, the District of Columbia. When the term “statute of the United States” is used, it includes any act of Congress locally applicable to and in force in the District of Columbia. When the law of a state is referred to, the word “law” includes the statutes of that state and the state judicial decisions construing them.

 

(f) References to Officer of the United States.Under any Rule in which reference is made to an officer or agency of the United States, the term “officer” includes a district director of internal revenue, a former district director or collector of internal revenue, or the personal representative of a deceased district director or collector of internal revenue.

 

(g) Substitutions.

 

(1) Whenever the name “Corporation Counsel” appears, the name “Attorney General” shall be substituted therefor; and

 

(2) Whenever the name “hearing commissioner” appears, the name “magistrate judge” shall be substituted therefor.