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DC · rules

D.C. Super. Ct. Juv. R. 47-I

Motions Procedure

activein force · 2017-05-10 – presentact-effective-date

(a) Service and filing. A copy of a written motion shall be served upon the opposing party

or that party's counsel, and the motion including a certificate of service shall be filed with

the Clerk.

(b) Points and authorities: entry of motions, etc.; opposing points and authorities. With

each motion there shall be filed a statement of the specific points of law and authorities to

support the motion and a proposed order. Such statement shall be additional to a

statement of grounds in the motion itself, and it shall be entered on the docket. All citations

to cases decided by the United States Court of Appeals for the District of Columbia Circuit

shall include the volume number and page of both U.S. App. D.C. and the Federal

Reporter. A statement of opposing points and authorities and proposed order shall be

similarly filed, noted, and served. The certificate of service for each motion or statement of

opposing points and authorities shall list the names and addresses of all parties upon

whom the paper was served.

(c) Time for filing. All motions, except motions to dismiss for lack of speedy trial or for

social reasons pursuant to SCR-Juv 48(b) or for continuance, or applications for

reconsideration of orders for detention or of conditions of release, shall be filed within 10

days of the status hearing, or the first appearance of counsel, whichever date is later,

unless otherwise provided by the assigned judge to whom the case has been assigned. A

statement of opposing points and authorities in writing shall be filed within 10 days

thereafter, unless otherwise provided by the assigned judge to whom the case has been

assigned but in no case later than two days before the hearing on the motion. If such

opposing statement is not filed within the prescribed time the motion may be treated as

conceded.

(d) Hearing and ruling on motion. If the movant wishes a hearing on the motion, the

movant shall so request in the motion. A motion made before the factfinding hearing shall

be determined before the factfinding hearing unless the assigned judge to whom the case

has been assigned or the judicial officer to whom the motion has been referred orders that

it be deferred for determination at the factfinding hearing, but no such determination shall

be deferred if a party's right to appeal is adversely affected. A motion presented to the

Clerk for filing out of time as established by these rules shall be accompanied by a written

request for leave to file the motion late. The Clerk of the Family Court shall receive the

motion, file the request for late filing, and immediately forward both documents to the

assigned judge to whom the case has been assigned. The judge may then allow time for

the opposing party to oppose the request and may decide the request for leave to late file

with or without a hearing. The judge may deny such request, which denial shall have the

effect of denying the accompanying motion as untimely, or grant the request to late file, in

which case the motion shall be filed by the Clerk and ruled upon as otherwise provided by

these rules. All motions shall be determined by the assigned judge to whom the case has

been assigned except that motions for release on conditions, for reconsideration of orders

for detention or conditions of release, to dismiss for social reasons, or evidentiary motions

which, if heard by the assigned judge might preclude that judge from presiding at the

factfinding hearing, may be certified to another judicial officer in the Family Court in the

discretion of the assigned judge to whom the case has been assigned.

(e) Effect of determination. If a motion is determined adversely to the respondent, the

respondent shall be permitted to plead if a plea had not previously been entered. A plea

previously entered shall stand. If the judicial officer grants a motion based on a defect in

the institution of the proceedings or in the petition, the judicial officer may also order that

the respondent be detained or that the respondent's release on conditions be continued for

a specified time pending the filing of a new petition. Nothing in the Rules shall be deemed

to affect the provisions of any act of Congress relating to periods of limitations.

(f) Matters taken under advisement. When a judicial officer takes any motion or other

matter under advisement, the Clerk shall note on the docket the date on which the matter

was taken under advisement. If within 30 days of such date a decision has not been

rendered by the judicial officer, the Clerk shall send notice of that fact to that judicial officer

and shall repeat such notice every 30 days thereafter until a decision is rendered. If no

decision has been rendered within 60 days of the issuance of the first such notice, the

Clerk thereafter shall so advise that judicial officer and the Chief Judge. The Chief Judge

may take any action he or she deems appropriate in order to cause the matter to be

decided promptly.

Provenance

Source
dccourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
716d4a03773dac6e92c2cbb15ee6f2022c941a49751f66a54a85c10d4ca586e9
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