Rule 77.Conducting Business; Clerk’s Authority; Notice of an Order or Judgment

Group X: Superior Court and Clerk · Last amended 2019 · Last verified July 14, 2026

In one sentenceRule 77 declares the Superior Court always open for filings and orders, sets where trials and other proceedings may take place, defines what the clerk can do without a judge's involvement, and requires the clerk to serve notice whenever an order or judgment is entered.

Full Text of Rule 77

Text sizeJump to: (a) (b) (c) (d)

(a) WHEN THE SUPERIOR COURT IS OPEN. The Superior Court is considered always open for filing any paper, issuing and returning process, making a motion, or entering an order.

(b) PLACE FOR TRIAL AND OTHER PROCEEDINGS. Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding may be done or conducted by a judge in chambers, without the attendance of the clerk or other court official, and anywhere inside or outside the District of Columbia. But no hearing—other than one ex parte—may be conducted outside the District of Columbia unless all affected parties consent.

(1) Hours. The clerk's office—with a clerk or deputy on duty to assist the public—must be open during normal business hours as set by the Chief Judge. When practicable, those hours will comport with the hours of operation posted on the Superior Court’s website.

(2) Orders. Subject to the court’s power to suspend, alter or rescind the clerk’s action for good cause, the clerk may:

(A) issue process;

(B) grant applications under Rule 54-II(b);

(D) enter a default judgment under Rule 55(b)(1); and

(E) act on any other matter that does not require the court’s action.

(d) SERVING NOTICE OF AN ORDER OR JUDGMENT.

(1) Service. Immediately after entering an order or judgment, the clerk must serve notice of the entry, as provided in Rule 5(b), on each party who is not in default for failing to appear. The clerk must record the service on the docket. A party also may serve notice of the entry as provided in Rule 5(b).

(2) Time to Appeal Not Affected by Lack of Notice. Lack of notice of the entry does not affect the time for appeal or relieve—or authorize the court to relieve—a party for failing to appeal within the time allowed, except as allowed by the District of Columbia Court of Appeals Rules.

(3) Who Can Perform the Clerk’s Function. Nothing in this rule precludes a judge or magistrate judge or his or her authorized staff member from performing the function of the clerk prescribed in Rule 77(d).

Comments

2019 Amendments:

Subsection (c)(2) was amended to reflect the amendment to Rule 54-II, which now permits the clerk to grant applications when the applicant receives Temporary Assistance for Needy Families, General Assistance for Children, Program on Work, Employment, and Responsibility, or Supplemental Security Income.

2017 Amendments:

This rule is substantially similar to Federal Rule of Civil Procedure 77, as amended in 2007, but maintains the following local distinctions: 1) "Superior Court" has been substituted for "district courts" and "District of Columbia" for "district" where appropriate; 2) the language in subsection (c)(1) has been modified to reflect local practice, including the Chief Judge’s authority to set the hours of the clerk’s office and the practice of posting the hours on the Superior Court’s website; and 3) in section (d), “District of Columbia Court of Appeals Rules” has been substituted for “Federal Rule of Appellate Procedure (4)(a).” Also, the 2014 federal amendment that updated a cross-reference in subsection (c)(1) has not been incorporated because the cross-reference was previously omitted.

New subsection (c)(1) replaces Rule 77-I. The new language in subsection (c)(1) regarding the hours posted on the Superior Court’s website allows some flexibility for the Chief Judge to change the hours of operation in case of emergency or otherwise.

Comment:

[Moved from the comment to Rule 77-II.] Rule 77 identical to Federal Rule of Civil Procedure 77 except for; (1) substitution of "Superior Court" for "district courts" and "District of Columbia" for "district" where appropriate; (2) addition of the phrase "after 12:00 noon" to section (c) to reflect the fact that the Clerk's Office will be open Saturday mornings; (3) deletion of the authorization in section (c) for promulgation of local rules; (4) substitution in section (d) for reference to the Rules for the District of Columbia Court of Appeals in place of reference to the Federal Rules of Appellate Procedure; and (5) modification of the 1st sentence of section (d) to require the Clerk to mail notice of the entry of an order or judgment only when the same was signed or decided out of the presence of the parties or their counsel. This last modification is intended to save the Clerk substantial time by eliminating the needless administrative burden of mailing notice of orders or judgments to parties who are already aware of those orders or judgments by virtue of their presence at the time the same were made.

Plain-English Summary

Rule 77 opens with a simple but important premise: the Superior Court is considered always open for filing papers, issuing process, making motions, and entering orders. A trial on the merits has to happen in open court, in a regular courtroom so far as that is convenient, but other acts and proceedings can be handled by a judge in chambers, without the clerk present, anywhere inside or outside the District. The one firm limit is on hearings held outside the District — other than an ex parte hearing, none may take place outside DC unless every affected party agrees.

The rule also draws the line between what the clerk's office can do on its own and what needs a judge. The clerk's office must keep normal business hours set by the Chief Judge, posted on the court's website when practicable. Within those hours, and subject to the court's power to suspend or undo a clerk's action for good cause, the clerk can issue process, grant certain fee-waiver applications, enter a default, enter a default judgment in the narrow category Rule 55(b)(1) covers, and act on other matters that do not call for a judge's decision.

Once an order or judgment is entered, Rule 77(d) puts the clerk on the hook to serve notice of it right away on every party who has not defaulted by failing to appear, and to record that service on the docket — a party can also serve notice on its own. That said, a missed notice does not stop the appeal clock from running; the rule makes clear that lack of notice does not extend the time to appeal or excuse a late one, except to whatever extent the District of Columbia Court of Appeals' own rules allow. Finally, the rule confirms that a judge, a magistrate judge, or their authorized staff can perform the clerk's notice function themselves, so the obligation does not rest solely on the clerk's office.

Frequently Asked Questions

Is the Superior Court ever considered closed for filing papers or getting an order?

No. Rule 77(a) states that the court is always open for filing any paper, issuing and returning process, making a motion, or entering an order, regardless of the clerk's office hours.

Can a judge hold a hearing outside the District of Columbia?

Only in limited circumstances. Rule 77(b) allows acts other than a trial on the merits to happen anywhere inside or outside the District, but a hearing outside DC — other than an ex parte hearing — requires the consent of every affected party.

What can the clerk decide without asking a judge?

Rule 77(c)(2) lists specific clerk authority: issuing process, granting certain fee-waiver applications, entering a default, entering a default judgment under Rule 55(b)(1), and acting on other matters that do not require the court's own action. The court can still undo any of these for good cause.

Does the clerk have to tell me when a judgment or order is entered in my case?

Yes. Rule 77(d)(1) requires the clerk to serve notice of the entry immediately, on every party who has not defaulted by failing to appear, and to note that service on the docket.

If I never received notice of a judgment, does that extend my time to appeal?

Generally, no. Rule 77(d)(2) states that a lack of notice does not affect the time to appeal or excuse a late appeal, except to whatever extent the District of Columbia Court of Appeals' own rules provide otherwise.

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

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