Rule 12-I. Motions Practice (a) EFFORTS TO OBTAIN CONSENT

Rule 12-I. Motions Practice

(a) EFFORTS TO OBTAIN CONSENT; CONSENT MOTIONS.

(1) In General. Before filing any motion, except motions filed pursuant to Rule 11, the

moving party must first ascertain whether other affected parties will consent to the relief

sought.

(2) Rule 11 Motions. For motions filed pursuant to Rule 11, the moving party must

make good faith efforts to resolve or dispose of the issues in dispute before the motion

is served pursuant to Rule 11(c)(2).

(3) No Resolution or Consent. The court must consider the motion as a contested

matter if the movant certifies in writing that, in the case of Rule 11 motions, resolution of

the disputed issues is not possible or that despite diligent efforts consent could not be

obtained.

(4) Consent Obtained. 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 the parties (which should 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 must 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.

(b) JUDGE IN CHAMBERS.

(1) 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:

(A) approval of accounts;

(B) warrants and return of warrants;

(D) applications for appointment of special process servers in small claims cases;

(E) applications for name change under Rule 205 or any applicable administrative

order;

(F) petitions to release mechanic's liens;

(G) applications for entry of administrative agencies' final orders as judgments;

(H) petitions to take depositions pursuant to Rule 27(a);

(I) master-meter proceedings under D.C. Code §§ 42-3301 to -3307 (2012 Repl.);

(J) requests for issuance of subpoenas under Rule 28-I(d);

(K) petitions to amend birth certificates pursuant to Rule 205 or any applicable

administrative order; and

(L) petitions to amend death certificates.

(2) 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:

(A) appointment of a special process server;

(B) motions with respect to publication of notice requirements;

(D) motions regarding security for costs;

(E) writs of ne exeat;

(F) applications to set bonds;

(G) applications for temporary restraining orders;

(H) writs of attachment before judgment;

(I) writs of replevin;

(J) libels of information;

(K) motions for protective orders barring access to court documents; and

(L) motions to use pseudonyms in any pleading or paper filed in a case.

attention at a time outside the regular business hours of the court may be presented to

the judge on emergency assignment. The Chief Judge must establish a roster for such

emergency assignments.

(d) FORM OF MOTIONS.

(1) In General. 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 must be made in writing and filed with the clerk.

Every motion must 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

must be indicated in the title of the motion, e.g., "Consent Motion to Extend Time for

Filing Plaintiff's Witness List." The caption must contain the parties’ next court date (e.g.

case mediation, pretrial conference, or trial) if one has been set.

(2) Points and Authorities. Each motion must include or be accompanied by a

statement of the specific points and authorities that support the motion, including, where

appropriate, a concise statement of material facts. The statement of points and

authorities must be a part of the record. The points and authorities must be labeled as

such and placed either on a separate paper or below all other material, including

signatures, on the last page of the motion.

(e) OPPOSING POINTS AND AUTHORITIES. Within 14 days after service of the

motion or at such other time as the court may direct, an opposing party must file and

serve a statement of opposing points and authorities in opposition to the motion. If a

statement of opposing points and authorities is not filed within the prescribed time, the

court may treat the motion as conceded.

(f) PROPOSED ORDER. Each motion and opposition must be accompanied by a

proposed order for the court's signature. The proposed order must list all persons to

whom copies of the judge's order must be sent, including the addresses of those who

cannot be served electronically. The proposed order also must list existing dates from

the scheduling order and must indicate which dates, if any, would be affected by the

motion or opposition.

(g) REPLY. Within 7 calendar days after service of the opposing statement, the moving

party may file and serve a statement of points and authorities in reply to the following

types of motions only:

(1) motions for summary judgment;

(2) motions to dismiss for failure to state a claim;

(3) motions to strike expert testimony; and

(4) motions for judgment on the pleadings.

(h) 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 decides to hold a hearing on the motion,

that judge must 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.

(i) HEARING: FAILURE OF ONE 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. If the opposing

party fails to appear, it may be treated as conceded. The court in its discretion may hear

argument on behalf of the party appearing.

(j) MOTION TO VACATE DEFAULT. A motion to vacate an entry of default or a

judgment by default, or both, must comply with the requirements of Rule 55(c).

(k) MOTION FOR SUMMARY JUDGMENT. A motion for summary judgment must

comply with the requirements of Rule 56.

(l) POST-RULING PROPOSED ORDER. Unless otherwise directed by the court,

counsel prevailing at oral argument must file and serve, within 7 days after the court

rules on any motion, a proposed order reflecting the court's ruling.

(m) [Deleted].

(n) TIME LIMIT FOR MOTIONS. All motions, other than motions specified in Rule 16(d)

and posttrial motions, must be filed by the deadline set forth in the scheduling order

issued pursuant to Rule 16(b). For good cause, the court may extend the period for

filing such motions.

COMMENT TO 2017 AMENDMENTS

Stylistic changes were made to this rule, and the rule was reorganized so related

materials now appear in the same section or subsection. The deadlines were also

amended to conform with the time-calculation changes made to Rule 6 as part of the

2009 amendments to the Federal Rules of Civil Procedure and to allow adequate time

to resolve motions where the time for filing a response has been extended. The

following provisions in section (a) were deleted as unnecessary: 1) the provision

suggesting how the court would rule on a consent motion and 2) the provision stating

how the court would serve an order for a consent motion. Language in subsection (d)(2)

was modified to clarify that the statement of points and authorities may be included as

part of the motion; there is no requirement that it be a separate document.

New section (g) permits the filing of a reply as a matter of right on all of the motions

listed. However, no further filings are permitted without leave of court. Section (k) now

directs parties to Rule 56 for provisions regarding summary judgment motions.

COMMENT TO 2015 AMENDMENTS

Section (m), “matters taken under advisement,” was deleted; the matters previously

addressed by this section are now the subject of an administrative order.

COMMENT

Rule 12-I(a) provides that a moving party must seek consent of other affected

parties prior to the filing of a motion, except with respect to Rule 11 motions for

imposition of sanctions. In these instances, a good faith effort to resolve the disputed

issues is required. Even on dispositive motions a good faith effort to achieve consent

can eliminate some issues or parties.

In respect to motions for imposition of Rule 11 sanctions, the good faith requirement

may be satisfied by giving notice to the other party, whether in person, by telephone or

by letter, of a potential violation before proceeding to prepare and serve a Rule 11

motion.

In respect to motions for orders to compel discovery filed pursuant to Rule 37(a),

complying with the good faith efforts to obtain discovery under Rule 37(a) satisfies the

requirement to obtain consent pursuant to Rule 12-I(a).

Rule 12-I(b) is amended to show which actions may be presented to the Judge in

Chambers and which must be handled by the judge assigned to the case.

The last sentence in Rule 12-I(d) provides that motions which are consented to by

the affected parties should indicate that fact. The purpose of this provision is to allow

the Court to rule on such motions without the necessity of waiting until the end of the

opposition deadline.

Prior language in Rule 12-I(f) and (h) is deleted in its entirety and the letter headings

of the paragraphs of this Rule are redesigned to reflect these deletions. Accordingly,

paragraph (f) now contains the provisions previously found in paragraph (i). A sentence

is added to this paragraph which provides for appropriate notice to the parties when a

decision is made to hold a hearing on a motion. It also allows the judge to specify the

matters to be addressed at the hearing and the amount of time each side shall be given

to present arguments on the motion. The last sentence of paragraph (f) re-quires that

counsel immediately inform the Court by telephone if the motion has been resolved.

New language has been placed in paragraph (h) to provide that all motions must be

accompanied by a copy of the Scheduling Order, if any has been issued in the case.

Rule 12-I(m) is intended to have equal applicability to posttrial motions and such

non-motion matters as findings of fact and conclusions of law following a nonjury trial.

Rule 12-I(n) should be read in conjunction with Rule 26(d), which imposes a time

limit for the completion of discovery.