DC · rules
D.C. Super. Ct. Civ. R. 39-I
Appearance at Trial
(a) WHEN NO RESPONSE BY ANY PARTY. When an action is called for trial and no
party responds, the court may dismiss the same, with or without prejudice, or take such
other action as may be deemed appropriate.
(b) WHEN NO RESPONSE BY PARTY SEEKING RELIEF. When an action is called for
trial and the party seeking affirmative relief fails to respond, an adversary may have the
claim dismissed, with or without prejudice as the court may decide, or the court may, in
a proper case, conduct a trial or other proceeding.
(c) WHEN NO RESPONSE BY PARTY AGAINST WHOM RELIEF IS SOUGHT. When
an action is called for trial and a party against whom affirmative relief is sought fails to
respond, in person or through counsel, an adversary may where appropriate proceed
directly to trial. When an adversary is entitled to a finding in the adversary's favor on the
merits, without trial, the adversary may proceed directly to proof of damages.
History
COMMENT TO 2017 AMENDMENTS Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure. COMMENT See District of Columbia Transit System v. Young, 293 A.2d 488 (1972).
Provenance
- Source
- dccourts.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
2884194e94e9d655086679425cd3ed4d722c38dc2dc68a8da4cd84eb49d0c12f
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