D.C. Super. Ct. Tax R. 11

Management

(a) APPLICABILITY. Unless otherwise ordered by the judge to whom the case is assigned,

the provisions of this rule apply to all Tax actions.

(b) INITIAL SCHEDULING AND SETTLEMENT CONFERENCE.

(1) In General. In every case assigned to a specific calendar or a specific judge, the

court must hold an initial scheduling and settlement conference as soon as practicable

after the complaint is filed.

(2) Praecipe in Lieu of Appearance. Except in cases to which Civil Rule 40-III applies, no

attorney need appear in person for the scheduling conference if a praecipe conforming to

the format of Civil Action Form 113 (Praecipe Requesting Scheduling Order) signed by all

attorneys is filed no later than 7 calendar days prior to the scheduling conference date.

(A) Praecipe Requirements. The praecipe must certify that:

(i) the case is at issue;

(ii) all parties are represented by counsel;

(iii) there are no pending motions; and

(iv) all counsel have discussed the provisions of Rule 11(b)(4)(B) and (C) and do not

foresee any issue requiring court intervention.

(B) Filing the Praecipe; Courtesy Copy. The praecipe must be accompanied by an

addressed envelope or mailing label for each attorney and a courtesy copy must be

delivered to the assigned judge's chambers. Neither addressed envelopes nor mailing

labels need be provided for documents filed under the court's electronic filing program.

(3) Scheduling Order; In General. At the conference, the judge will ascertain the status of

the case, explore the possibilities for early resolution through settlement or alternative

dispute resolution techniques, and determine a reasonable time frame for bringing the

case to conclusion. After consulting with the attorneys for the parties and with any

unrepresented parties, the judge will enter a scheduling conference order which will set

dates for future events in the case.

(4) Contents of the Order. The scheduling order may:

(A) modify the extent of discovery;

(B) provide for discovery or preservation of electronically stored information;

(C) include any agreements the parties reach for asserting claims of privilege or of

protection as trial-preparation material after information is produced, including agreements

on the effects of disclosure reached under Civil Rule 26(b)(5)(C);

(D) direct that before moving for an order relating to discovery, the movant must

request a conference with the court;

(E) set dates for pretrial conferences and for trial; and

(F) include other appropriate matters.

(5) Scheduling Order; Deadlines. Where applicable, the order will specify dates for the

following events:

(A) Discovery Requests; Depositions.

(i) No interrogatories, requests for admission, requests for production or inspection,

or motions for physical or mental examinations may be served less than 30 days before

the date set for the end of discovery.

(ii) Party depositions ad testificandum and nonparty depositions duces tecum or ad

testificandum must be noticed not less than 5 days before the date scheduled for the

deposition and no deposition may be noticed to take place after the date set for the

conclusion of discovery.

(B) Exchange Lists of Fact Witnesses. On or before this date, each party must file and

serve a listing, by name and address, of all fact witnesses known to that party, including

experts who participated in, and will testify about, pertinent events. No witness may be

called at trial, except for rebuttal or impeachment purposes, unless he or she was named

on the list filed by one of the parties on or before this date or the calling party can establish

that it did not learn of the witness until after this date.

(C) Proponent's Civil Rule 26(a)(2)(B) Report. By this date, a report required by Civil

Rule 26(a)(2)(B) must be filed and served by any proponent of an issue who will offer an

expert opinion on such an issue.

(D) Opponent's Civil Rule 26(a)(2)(B) Report. By this date, a report required by Civil

Rule 26(a)(2)(B) must be filed and served by any opponent who will offer an expert opinion

on such an issue.

(E) Close of Discovery. After this date, no deposition or other discovery may be had,

nor motion relating to discovery filed, except by leave of court on a showing of good cause.

(F) Filing Motions. All motions must be filed by this date, except as provided in Rule

11(b)(5)(E) and (d). The order will also specify a date by which dispositive motions will be

decided.

(G) Alternative Dispute Resolution. If not already held, the order will set out a time

period in which mediation or other alternative dispute resolution proceedings will be held.

(H) Final Pretrial and Settlement Conference. The order will specify a time period in

which the final pretrial and settlement conference will be held.

(I) Optional Deadlines. The scheduling conference order may also set dates for the

joinder of other parties and amendment of pleadings, the completion of certain discovery,

the filing of particular motions and legal memoranda, and any other matters appropriate in

the circumstances of the case.

(6) Obligations of Parties. All counsel and all parties must take the necessary steps to

complete discovery and prepare for trial within the time limits established by the scheduling

order.

(7) Modification.

(A) By Leave of Court. The scheduling order may not be modified except by leave of

court on a showing of good cause. A party seeking a modification of the scheduling order

must provide the court with a copy of the existing scheduling order and a detailed

discovery plan, which lists the specific methods of discovery to be conducted, the persons

or materials to be examined, and the date or dates within which all further discovery must

be completed.

(B) By Stipulation. Stipulations between counsel will not be effective to change any

deadlines in the order without court approval, provided, however, that any date in the

scheduling order except for the date of court proceedings (e.g., status hearings, ex parte

proofs, ADR sessions, pretrials and trials) may be extended once for up to 14 days on the

filing and delivery to the assigned judge of a praecipe showing that all parties who have

appeared in the action consent to the extension. Any motion to further modify a date so

extended must recite that the date in question was previously extended by consent and

must specify the length of that extension.

(c) MEETING 5 WEEKS PRIOR TO PRETRIAL CONFERENCE.

(1) Attendance. Not less than 5 weeks prior to the pretrial conference, at least one of the

attorneys who will conduct the trial for each of the parties, and any unrepresented parties,

must meet in person. If such persons are unable to agree on a date, time, and place for

the meeting, the parties must notify the judge by phone in advance that they will meet at

9:00 a.m. in the judge’s courtroom or such other place to be designated by the judge on

the day which is 5 weeks prior to the date of the pretrial conference.

(2) Matters for Consideration. The participants in the meeting must spend sufficient time

together to discuss the case thoroughly and must make a good faith effort to reach

agreement on the following matters:

(A) formulating and simplifying the issues, and eliminating frivolous claims or defenses;

(B) amending the pleadings if necessary or desirable;

(C) obtaining admissions and stipulations about facts and documents to avoid

unnecessary proof, and ruling in advance on the admissibility of evidence;

(D) avoiding unnecessary proof and cumulative evidence;

(E) identifying witnesses and documents;

(F) referring matters to a magistrate judge or master;

(G) settling the case or using alternative dispute resolution procedures to resolve the

dispute;

(H) determining the form and content of the pretrial order;

(I) disposing of pending motions;

(J) adopting special procedures for managing potentially difficult or protracted actions

that may involve complex issues, multiple parties, difficult legal questions, or unusual proof

problems; and

(K) facilitating in other ways the just, speedy, and inexpensive disposition of the action.

(3) Exhibits.

(A) Documentary Exhibits. At this meeting, each party must provide to all other parties

copies of all documentary exhibits which that party may offer at trial; affixed to each exhibit

must be a numbered exhibit sticker and the exhibits must be identified, by exhibit number,

on an index provided with the exhibits.

(B) Non-Documentary Exhibits. Each party also must make all non-documentary

exhibits available for examination by other parties at or before this meeting.

(d) 4 WEEKS PRIOR TO PRETRIAL CONFERENCE. Four weeks prior to the pretrial

conference, each party must file with the court, serve on all other parties, and deliver to the

assigned judge in accordance with the provisions of Civil Rule 5(d) any motion in limine,

motion to bifurcate, or other motion respecting the conduct of the trial, which a party

wishes to have the court consider.

(e) ONE WEEK PRIOR TO PRETRIAL CONFERENCE.

(1) Joint Pretrial Statement. One week prior to the pretrial conference, the parties must

file with the court and deliver to the assigned judge in accordance with the provisions of

Civil Rule 5(d) a joint pretrial statement, which must include a certification of the date and

place of the meeting held pursuant to Rule 11(c) and must be in a form prescribed by the

court.

(2) Objections to Exhibits. Objections, if any, by a party to the exhibits submitted by any

other party also must be made at this time as part of the joint pretrial statement. A party

raising an objection to an exhibit of another party must attach to the statement of objection

a copy of the exhibit to which the objection is made. The court will not consider any

objection or alternative language that is filed beyond the time frames prescribed by this

rule unless the party making the objection or suggestion can establish that the objection or

suggestion could not, for reasons beyond that party's control, be timely filed.

(3) Unlisted Witnesses or Exhibits. Except for plaintiff's rebuttal case or for impeachment

purposes, no party may offer at trial the testimony of any witness not listed in the pretrial

statement of the parties, nor any exhibit not served as required by this rule, without leave

of court.

(f) PRETRIAL CONFERENCE.

(1) Attendance. The lead counsel who will conduct the trial for each of the represented

parties, and, unless excused by the judge for good cause, all parties must attend the

pretrial conference.

(2) Exhibits. All counsel and unrepresented parties must bring to the conference their

trial exhibits, copies of which were served on other parties pursuant to Rule 11(c)(3). If any

party proposes to offer more than 15 exhibits at trial, that party's exhibits must be arranged

as follows: the original exhibits, with numbered exhibit stickers affixed, must be placed in a

looseleaf, three-ring notebook with tabbed divider pages. At the front of the notebook there

must be an Exhibit Summary Form (copies of which are available in the clerk's office)

describing each exhibit by number.

(3) Conference Details. The conference will generally be held by the judge who will

preside at trial. The judge will discuss with those attending the conference the pretrial

filings of the parties as may be pertinent and will set a trial date for the case.

(g) PRETRIAL ORDER.

(1) Content of the Order. After the pretrial conference, the court must issue an order

reciting the action taken. Insofar as possible, the court will resolve all pending disputes in

the pretrial order. With respect to some matters, it may be necessary to reserve ruling until

the time of trial or to require additional briefing by the parties prior to trial. Exhibits, the

authenticity of which is not genuinely in dispute, will be deemed authentic and the offering

party will not be required to authenticate these exhibits at trial. The pretrial order may set

limits with respect to the time for opening statement, examination of witnesses, and closing

argument and may also limit the number of lay and expert witnesses who can be called by

each party. The pretrial order controls the course of the action unless the court modifies it.

(2) Modification. The pretrial order may be modified at the discretion of the court for good

cause and must be modified if necessary to prevent manifest injustice.

(h) COMMENCEMENT OF TRIAL. On any date for which the case has been set for trial,

the parties and their counsel must be prepared to commence the trial on that date or on

any of the 2 succeeding court days in the event that their case must trail another trial on

the judge's calendar.

(i) OTHER SCHEDULING OR STATUS CONFERENCES. In addition to the initial

scheduling and settlement conference and the pretrial and settlement conference, the

court may in its discretion order the attorneys for the parties and any unrepresented parties

to appear before it for other conferences for such purposes as:

(1) expediting the disposition of the action;

(2) establishing continuing control so that the case will not be protracted because of lack

of management;

(3) discouraging wasteful pretrial activities;

(4) improving the quality of the trial through more thorough preparation;

(5) facilitating the settlement of the case; and

(6) addressing any other matters appropriate in the circumstances of the case.

(j) AUTHORITY OF COUNSEL; ATTENDANCE OF PARTIES, PRINCIPALS, AND

PERSONS WITH SETTLEMENT AUTHORITY. At least one of the attorneys for each party

participating in any conference before trial, or in the meeting described in Rule 11(c), must

have authority to enter into stipulations, to make admissions regarding all matters that the

participants may reasonably anticipate may be discussed, and to participate fully in all

settlement discussions. Unless excused by the judge for good cause, all parties and any

person not a party whose authority may be needed to settle the case must attend any

pretrial conference conducted pursuant to Rule 11(f) and any alternative dispute resolution

session ordered by the court.

(k) CONTINUANCES.

(1) By Court Order. No trial or conference provided for in this rule may be continued

except by order of the judge on a showing of specific and sufficient reasons why the

applicant cannot attend or proceed with the trial or conference as scheduled or, for a

conference, will not be able by the scheduled date to report to the court the information

required by this rule. An application to continue the trial must include a certificate or

affidavit by the party or party’s attorney indicating that all other parties were given

reasonable notice of the applicant’s intent to make the application.

(2) Timing of Application. Except for applications based on circumstances arising later,

application for a continuance must be made to the judge not less than 30 days before the

trial or conference sought to be continued.

(3) When Effective. Until an order granting a continuance is docketed, the case will

remain set for the trial or conference on the original date.

(l) SANCTIONS.

(1) In General. On motion or on its own, the court may issue any just orders, including

those authorized by Civil Rule 37(b)(2)(A)(ii)-(vii), if a party or a party's attorney:

(A) fails to appear at a scheduling or pretrial conference;

(B) is substantially unprepared to participate—or does not participate in good faith—in

the conference; or

(C) fails to obey a scheduling or other pretrial order.

(2) Imposing Fees and Costs. Instead of or in addition to any other sanction, the court

must order the party, its attorney, or both, to pay the reasonable expenses—including

attorney’s fees—incurred because of any noncompliance with this rule unless the

noncompliance was substantially justified or other circumstances make an award of

expenses unjust.