Washington DC Motion for Continuance

Introduction

Key Things to Know

1. 1

   DC Superior Court uses the term continuance. Small Claims Rule 7(c) covers small claims, and Landlord and Tenant (L&T) Rule 8 covers eviction trials. Civil Rule 40 is marked omitted; civil motions follow Civil Rule 12-I.

2. 2

   The hearing or trial date stands until the court grants the continuance. Attend unless the court tells you in writing or in open court that it has been moved.

3. 3

   In small claims, the clerk may continue a case once as a matter of course for up to 30 days if the defendant received notice of the trial less than 7 days before the trial date, or if the parties have mutually agreed to a continuance (Small Claims Rule 7(c)).

4. 4

   In small claims, the court may continue a case on good cause. In an eviction case in the Landlord and Tenant Branch, no trial date may be continued except by court order (L&T Rule 8(a)(1)).

5. 5

   In L&T cases, an attorney being engaged in another court, or in another branch or division of DC Superior Court, is not a ground for a continuance, with exceptions in L&T Rule 8(a)(3) for certain federal and appellate courts. If an attorney fails to appear, the court may strike the appearance or enter dismissal or default (L&T Rule 8(a)(2)).

6. 6

   A small claims motion that depends on facts outside the record must be in writing with points and authorities. An affidavit is optional, though the court may require evidence (Small Claims Rule 13(a)). Civil Rule 12-I(f) requires a proposed order with each motion.

7. 7

   In Civil Actions, make a good-faith effort to get the other side's consent before filing (Civil Rule 12-I(a)(1)). If the relief is consented to but needs court approval, put the word consent in the motion's title (Civil Rule 12-I(a)(4)). The opposition is due within 14 days after service unless the court sets another time.

Washington DC Requirements for Motion for Continuance

• Civil Rule 40 Marked Omitted

  DC Superior Court calls the request a continuance. Civil Rule 40 is marked omitted, and civil motions follow Civil Rule 12-I.

• Small Claims Clerk Continuance

  The clerk may continue a small claims case once for up to 30 days if the defendant had less than 7 days' notice of trial or the parties mutually agree (Small Claims Rule 7(c)).

• L&T Court Order Required

  No trial date in the Landlord and Tenant Branch may be continued except by court order (L&T Rule 8(a)(1)).

• Attorney Engagement Not a Ground

  Engagement of an attorney in another court, branch or division is not a ground for continuing an L&T trial, subject to the exceptions in L&T Rule 8(a)(3).

• Written Motion in Small Claims

  A small claims motion depending on facts outside the record must be in writing with points and authorities. An affidavit is optional (Small Claims Rule 13(a)).

• Consent and Proposed Order

  Seek the other side's consent in good faith first, put consent in the title of a consented motion that needs court approval, and attach a proposed order (Civil Rule 12-I(a)(1), (a)(4), (f)).

• Opposition Within 14 Days

  An opposing party must file an opposition within 14 days after service of the motion or at another time the court directs (Civil Rule 12-I(e)).

• Hearing Date Stands

  The hearing or trial date stands until the court grants the continuance and the new date is confirmed.