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Rule 47 - Motions and Supporting Affidavits

Sup. Ct. R. D.C. 47

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As amended through October 11, 2024
Rule 47 - Motions and Supporting Affidavits
(a) IN GENERAL. A party applying to the court for an order must do so by motion.
(b) FORM AND CONTENT OF A MOTION. A motion-except when made during a trial or hearing-must be in writing, unless the court permits the party to make the motion by other means. A motion must state the grounds on which it is based and the relief or order sought. A motion may be supported by affidavit.
(c) TIMING OF A MOTION. A party must serve a written motion-other than one that the court may hear ex parte-and any hearing notice at least 7 days before the hearing date, unless a rule or court order sets a different period. For good cause, the court may set a different period upon ex parte application.
(d) AFFIDAVIT SUPPORTING A MOTION. The moving party must serve any supporting affidavit with the motion. A responding party must serve any opposing affidavit at least one day before the hearing, unless the court permits later service.

Sup. Ct. R. D.C. 47

Last amended by Order dated March 29, 2017, effective 5/1/2017.

COMMENT TO 2017 AMENDMENTS

Section (c) was amended to address the time for service of motions. It no longer addresses motion deadlines. In conformance with the federal rules, motion deadlines are now addressed in Rule 12(c)(1)-(2).

Section (d) of this rule is new; it addresses service of the affidavit supporting a motion or opposition.

COMMENT TO 2016 AMENDMENTS

This rule has been redrafted to conform to the general restyling of the federal rules in 2002. It differs from the federal rule in several respects.

Paragraphs (b) and (c) substantially incorporate provisions of former Superior Court Rule 47 -I. Paragraph (b) includes the requirement of former Rule 47 -I(b) that a motion state the legal authorities upon which it relies, although it omits the requirement that the authorities appear in a separate statement. It states parallel requirements for oppositions. Paragraph (c) incorporates, with minor stylistic changes, the substance of former Rule 47 -I(c). It sets the time for filing motions and oppositions and allows for motions to be treated as conceded.