(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.
Rule 39-I.Appearance at Trial
Group VI: Trials · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 39-I tells the court what to do when a case is called for trial and a party — either the one seeking relief or the one defending against it — fails to respond, ranging from dismissal to letting the present party proceed to proof of damages or trial.
Full Text of Rule 39-I
(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.
Comments
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).
Plain-English Summary
Rule 39-I fills a practical gap: what happens when a case reaches the trial calendar and somebody just isn't there. If no party responds at all when the case is called, Rule 39-I(a) gives the court broad discretion — it may dismiss the case, with or without prejudice, or take whatever other action it thinks fits the situation.
The rule then splits based on who is missing. If the party seeking affirmative relief fails to respond, Rule 39-I(b) lets the opposing party have that claim dismissed, again with or without prejudice as the court decides, though the court may instead choose to conduct a trial or other proceeding in a proper case. If instead the party against whom relief is sought fails to respond — in person or through counsel — Rule 39-I(c) lets the adversary proceed directly to trial where appropriate. And if that adversary is already entitled to a finding in its favor on the merits without a trial, it can skip straight to proving damages.
Frequently Asked Questions
What happens if neither side responds when a case is called for trial in D.C. Superior Court?
Rule 39-I(a) gives the court discretion to dismiss the case, with or without prejudice, or to take whatever other action it considers appropriate under the circumstances.
What if I'm the plaintiff and I fail to respond when my case is called for trial?
Rule 39-I(b) allows the defendant to have your claim dismissed, with or without prejudice as the court decides — though in a proper case, the court may instead proceed with a trial or other proceeding rather than dismissing.
What if the defendant fails to respond, in person or through counsel, when the case is called for trial?
Rule 39-I(c) lets the plaintiff proceed directly to trial where appropriate, and if the plaintiff is already entitled to a finding on the merits without a trial, the plaintiff may proceed directly to proving damages.
Does a party's absence at trial always result in dismissal?
Not necessarily. The rule gives the court discretion in each scenario — dismissal is one option, but the court can instead let the present party proceed to trial or, depending on the circumstances, straight to proof of damages.
Is dismissal under Rule 39-I always with prejudice?
No. The rule specifies dismissal may be with or without prejudice, and the choice is left to the court's judgment based on the circumstances of the case.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as: dc failure to appear at trial civildismissal for not responding at trial dc superior courtproceed to proof of damages dc rule 39-icase called for trial no response dc