D.c Ct. App. 27

As amended through April 11, 2024
Rule 27 - Motions
(a) In General.
(1) Application for Relief. An application for an order or other relief is made by motion unless these rules prescribe another form. A motion must be in writing unless the court permits otherwise.
(2) Who May File. Any party may file a motion, but when represented by counsel, an individual party may not file a motion or pleading except for a motion to discharge or vacate the appointment of counsel. The Clerk will transmit that motion to counsel of record for that party.
(3) Contents of a Motion.
(A) Grounds and relief sought. A motion must state with particularity the grounds for the motion, the relief sought, and the legal argument necessary to support it. A separate brief supporting the motion may not be filed.
(B) Accompanying documents.
(i) A motion may be supported by an affidavit or other document but any affidavit must contain only factual information, not legal arguments.
(ii) A motion seeking substantive relief must include a copy of the trial court's ruling or agency's decision.
(iii) All accompanying documents must be filed separately from the motion.
(C) Documents barred or not required.
(i) A separate brief supporting a motion must not be filed.
(ii) A notice of motion is not required.
(iii) A proposed order is not required.
(4) Response.
(A) Time to file. Any party may file a response to a motion; Rule 27(a)(3) governs its contents. A separate brief responding to the motion must not be filed. The response must be filed within 7 calendar days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 7-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
(B) Request for affirmative relief. A response may include a motion for affirmative relief. The time to respond to the new motion, and to reply to that response, is governed by Rule 27(a)(4)(A) and (a)(5). The title of the response must alert the court to the request for relief.
(5) Reply to Response. Any reply to a response must be filed within 3 days after service of the response. A reply must not present matters that do not relate to the response.
(6) Other Pleadings. No further pleadings may be filed except with the court's permission and for extraordinary cause.
(b) Motion for a Procedural Order.
(1) Defined. A motion for a procedural order is one that does not substantially affect the rights of the parties or the ultimate disposition of the appeal. Such motions include, but are not limited to:
(A) motions for extensions of time;
(B) motions to exceed the page limits of briefs or motions;
(C) motions to supplement the record;
(D) motions to consolidate;
(E) motions for oral argument or to submit without oral argument;
(F) motions for remand of the record; and,
(G) motions to substitute parties.
(2) Time for Filing.
(A) A motion to consolidate must be filed promptly after the moving party becomes aware of grounds for consolidation.
(B) Motions for oral arguments must be filed in accordance with Rule 33(b).
(C) All other procedural motions may be filed at any time.
(3) Disposition Before Response Time. The court may act upon, or the Clerk if authorized may grant, motions for procedural orders at any time without awaiting a response. A party adversely affected by an order of the Clerk so entered may file a motion to reconsider, vacate, or modify that action. The Clerk will submit any such motion to the Chief Judge. A timely opposition filed after a motion is granted in whole or in part does not constitute a request to reconsider, vacate or modify the disposition; a motion requesting that relief must be filed within 10 calendar days after the order is entered on the docket.
(4) Statement of Consent or Opposition; Service. A party filing a motion for a procedural order must, before filing the motion, attempt to secure the consent of each party and attempt to determine if an opposition or response will be filed. The movant must state at the beginning of the motion whether the motion is unopposed, whether an opposition will be filed, or whether it was impossible to contact one or more of the parties. In calendared, emergency, and expedited cases, if the movant states that an opposition will be filed or if the movant is unable to contact any other party, the movant must electronically serve, or for those not required to serve electronically, personally serve the motion on the other parties.
(c) Motions for Summary Affirmance or Reversal. The filing of a motion for summary affirmance or reversal will stay the briefing schedule unless otherwise ordered by the court. If a memorandum of law was previously filed in the Superior Court, it may be attached as an appendix to the motion. Responsive pleadings may be filed pursuant to the provisions of section (a) of this rule. A crossmotion for summary disposition may be filed in lieu of a response to a motion for summary disposition. If counsel deems it appropriate, a statement may be included in the motion or responsive pleading indicating that the motion or responsive pleading may be treated as the brief of the party if the court denies the motion or defers consideration on the merits.
(d) Form of Motions; Page Limits; Citations; Disclosure Statement and Calendared Cases.
(1) Format.
(A) Legibility. The text of a motion, response, or reply must be clearly set forth in black on a white background.
(B) Caption. There must be a caption that includes the case number, the title of the case, and a brief descriptive title indicating the purpose of the motion and identifying the party or parties for whom it is filed.
(C) Page size, line spacing, margins, and font size. The document must be in an 8-1/2 by 11 inch format. The text must be double spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. The font size, including footnotes, must be 12-point or larger, preferably in Times New Roman or Courier New typeface. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there.
(2) Page Limits. A motion or a response to a motion must not exceed 20 pages, exclusive of accompanying documents authorized by Rule 27(a)(3)(B), unless the court permits or directs otherwise. A reply to a response must not exceed 10 pages.
(3) Citations in Motions. The provisions of Rule 28(g), governing citations in briefs, apply to citations in motions and all other documents filed with the court.
(4) Disclosure Statement. A motion must include a disclosure statement if one is required by Rule 26.1.
(5) Calendared Cases. Once a case has been placed on the calendar for disposition by a merits division, any motion, response, or reply must note on the front page, directly under the appeal number and in bold print, that the matter has been calendared, argued, or submitted and the date of the argument or submission.
(e) Oral Argument. A motion will be decided without oral argument unless the court orders otherwise.
(f) Clerk May Refuse to File. If a motion does not conform to the rules or is not legible, the Clerk may refuse to file it.

D.c Ct. App. 27

Amended by Order dated November 30, 2016, effective 11/30/2016.