Rule 12-I.Motions Practice

The requirement in section (a) to seek consent to the relief sought in a motion was limited to nondispositive motions, and parties must attempt to narrow any area of disagreement. This requirement does not apply to a motion to dismiss, a motion for summary judgment, a motion for judgment on the pleadings, or any other motion seeking to dispose of a claim or defense.

The option in section (d) to file separate points and authorities was eliminated, and consistent with Rule 7(b)(1)(B), the motion itself must state with particularity the grounds for seeking the order. Motions practice under the amended rule includes motions, oppositions, and replies.

Section (g) was amended to permit replies in support of any motion, not only the four types of motions previously specified in section (g).

Section (b) concerning judge in chambers and section (c) concerning the judge on emergency assignment were deleted. The court will make publicly available information concerning the matters that must be presented to the judge in chambers, and it will continue to maintain a roster of judges to handle matters requiring immediate judicial attention at a time outside regular business hours. It is not necessary to include these provisions in the civil rules, and deleting these provisions from Rule 12-I gives the Chief Judge more flexibility to assign judges and magistrate judges and arrange and divide the business of the court. See D.C. Code §§ 11-906, -908, -1732, and -1732A (2012 Repl. & 2020 Supp.).

Stylistic changes were made to this rule, and the rule was reorganized so related materials now appear in the same section or subsection. The deadlines were also amended to conform with the time-calculation changes made to Rule 6 as part of the 2009 amendments to the Federal Rules of Civil Procedure and to allow adequate time to resolve motions where the time for filing a response has been extended. The following provisions in section (a) were deleted as unnecessary: 1) the provision suggesting how the court would rule on a consent motion and 2) the provision stating how the court would serve an order for a consent motion. Language in subsection (d)(2) was modified to clarify that the statement of points and authorities may be included as part of the motion; there is no requirement that it be a separate document.

New section (g) permits the filing of a reply as a matter of right on all of the motions listed. However, no further filings are permitted without leave of court. Section (k) now directs parties to Rule 56 for provisions regarding summary judgment motions.

Section (m), “matters taken under advisement,” was deleted; the matters previously addressed by this section are now the subject of an administrative order.

Rule 12-I(a) provides that a moving party must seek consent of other affected parties prior to the filing of a motion, except with respect to Rule 11 motions for imposition of sanctions. In these instances, a good faith effort to resolve the disputed issues is required. Even on dispositive motions a good faith effort to achieve consent can eliminate some issues or parties.

In respect to motions for imposition of Rule 11 sanctions, the good faith requirement may be satisfied by giving notice to the other party, whether in person, by telephone or by letter, of a potential violation before proceeding to prepare and serve a Rule 11 motion.

In respect to motions for orders to compel discovery filed pursuant to Rule 37(a), complying with the good faith efforts to obtain discovery under Rule 37(a) satisfies the requirement to obtain consent pursuant to Rule 12-I(a).

Rule 12-I(b) is amended to show which actions may be presented to the Judge in Chambers and which must be handled by the judge assigned to the case.

The last sentence in Rule 12-I(d) provides that motions which are consented to by the affected parties should indicate that fact. The purpose of this provision is to allow the Court to rule on such motions without the necessity of waiting until the end of the opposition deadline. Prior language in Rule 12-I(f) and (h) is deleted in its entirety and the letter headings of the paragraphs of this Rule are redesigned to reflect these deletions. Accordingly, paragraph (f) now contains the provisions previously found in paragraph (i). A sentence is added to this paragraph which provides for appropriate notice to the parties when a decision is made to hold a hearing on a motion. It also allows the judge to specify the matters to be addressed at the hearing and the amount of time each side shall be given to present arguments on the motion. The last sentence of paragraph (f) re-quires that counsel immediately inform the Court by telephone if the motion has been resolved. New language has been placed in paragraph (h) to provide that all motions must be accompanied by a copy of the Scheduling Order, if any has been issued in the case.

Rule 12-I(m) is intended to have equal applicability to posttrial motions and such non-motion matters as findings of fact and conclusions of law following a nonjury trial.

Rule 12-I(n) should be read in conjunction with Rule 26(d), which imposes a time limit for the completion of discovery.