Rule 22 - Relief from a Decree or Order(a) CORRECTIONS BASED ON CLERICAL MISTAKES; OVERSIGHTS AND OMISSIONS. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a decree, order, or other part of the record. The court may do so on motion or on its own initiative, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.(b) GROUNDS FOR AMENDING OR ENTERING NEW DECREE OR ORDERING NEW TRIAL. On motion and just terms, the court may enter or amend a decree, or order a new trial for the following reasons: (1) fraud (whether previously called intrinsic or extrinsic) or misrepresentation;(2) newly discovered evidence; or(3) any other reason that justifies relief, consistent with the best interests of the child. (c) TIMING AND EFFECT OF THE MOTION. (1)Timing. A motion under Rule 22(b)(1) or (2) must be filed no later than 30 days after the entry or denial of a decree. A motion under Rule 22(b)(3) must be filed within 7 days after the entry or denial of the decree.(2)Effect on Finality. The motion does not affect the decree's finality or suspend its operation.(d) REVOCATION OF INTERLOCUTORY DECREE. On motion or its own initiative, the court, for good cause, may revoke an interlocutory decree of adoption at any time before it becomes a final decree. Before revoking the interlocutory decree, the court must give notice and an opportunity to be heard to each person and party, who was required to receive the notice of adoption proceeding.(e) JURISDICTIONAL OR PROCEDURAL DEFECT. A motion seeking to invalidate an adoption decree based on a jurisdictional or procedural defect must be filed within one year after the final decree became effective.Adop. R. Sup. Ct. D.C. 22
COMMENT
This rule promotes finality in adoption proceedings. Sections (b) and (c) limit the bases and time frame for a party to file a motion to enter or amend a decree or for a new trial. D.C. Code § 16-310 (2012 Repl.) and, correspondingly, section (e) require a party to file a motion seeking to invalidate a final decree based on a jurisdictional or procedural defect, within one year after the decree becomes effective, but this requirement may give way to due process considerations. See In re M.N.M., 605 A.2d 921 (D.C. 1992) (reversing and remanding to give father an opportunity to challenge adoption where he did not receive pre-adoption notice and, though he asserted his paternity "'early on, and continually,'" he failed to file within the one year required by D.C. Code § 16-310).