District of Columbia Motion for Summary Judgment
The District of Columbia sets no notice period before a hearing because no hearing is required at all: the opposing party's response is due 14 calendar days after service of the motion, any reply is due 7 calendar days after service of the response, and, unless the court orders otherwise, the motion itself must be filed no later than 30 days after the close of all discovery, under Superior Court Rules of Civil Procedure 12-I and 56.
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Introduction
In the District of Columbia, Superior Court Rule of Civil Procedure 56 sets no notice period before a hearing, because the rule does not require a hearing at all: a party may request oral argument by endorsing 'Oral Hearing Requested' on its motion or opposition, above its signature, but the court in its discretion may decide the motion on the papers without one, and if a hearing is held the only requirement is appropriate notice, with no minimum number of days specified (SCR-Civil 12-I(h)). Rule 56 itself is silent on the response deadline, so the general motions rule controls: the opposing party must file and serve an opposition within 14 calendar days after service of the motion, and if no opposition is filed within that time the court may treat the motion as conceded (SCR-Civil 12-I(e)). The moving party may then file a reply within 7 calendar days after service of the opposition (SCR-Civil 12-I(g)). The motion must be filed by the deadline set in the case's scheduling order, which the court may extend for good cause, and unless the court orders otherwise a party may file it at any time until 30 days after the close of all discovery; there is no rule-based earliest filing date (SCR-Civil 56(b)(1); Rule 12-I(n)). The standard is textually identical to Federal Rule of Civil Procedure 56: the court must grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (SCR-Civil 56(a)(1)). Rule Promulgation Order 22-06, effective April 11, 2022, amended Rule 56 to add a consumer-debt-collection provision and to delete the prior reference to a separate memorandum of points and authorities, so the motion itself must now state its points and authorities rather than attaching a separate document (SCR-Civil 56(a)(2); Rule 12-I comment to 2022 amendments). The moving party must file a statement of the material facts it contends are not genuinely disputed, with each fact in its own separate numbered paragraph, along with supporting affidavits, declarations, depositions, admissions, interrogatory answers, or other record evidence, and a proposed order (SCR-Civil 56(b)(2)(A), (c)(1), (c)(4); Rule 12-I(f)). The opposing party who was served with the motion must respond with its own statement of material facts it contends are genuinely disputed, numbered to correspond to the movant's statement (SCR-Civil 56(b)(2)(B)). A party may move for summary judgment on an entire claim or defense, or only part of one, with no separate adjudication procedure required for partial relief (SCR-Civil 56(a)(1)). If the plaintiff is a debt collector suing to collect a consumer debt, it cannot obtain summary judgment until it has provided all documentation and information that D.C. Code section 28-3814 requires (SCR-Civil 56(a)(2)). An unopposed motion is not automatically granted: missing the 14-day deadline lets the court treat the motion as conceded, which risks the same practical outcome, but that is a discretionary step rather than an automatic entry of judgment. Summary judgment is technical and is often lost on procedure, such as an incomplete statement of material facts, rather than the merits, and attorney review is available before filing or responding, whether you are the mover or the party who was served. A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers District of Columbia Superior Court practice only; summary judgment in federal court, including the U.S. District Court for the District of Columbia, follows Federal Rule of Civil Procedure 56 and is outside its scope.
Key Things to Know
- 1
The District of Columbia sets no notice period before a hearing because Rule 56 does not require a hearing at all; the opposing party's response is due 14 calendar days after service of the motion, any reply is due 7 calendar days after service of the response, and, unless the court orders otherwise, the motion itself must be filed no later than 30 days after the close of all discovery (SCR-Civil 12-I(e), (g); 56(b)(1)).
- 2
If you were served with a District of Columbia summary judgment motion, your 14-calendar-day opposition clock runs from the date of service, not from any hearing notice, and your opposition must include your own statement of material facts you contend are genuinely disputed, numbered to correspond to the movant's statement (SCR-Civil 12-I(e); 56(b)(2)(B)).
- 3
An unopposed District of Columbia summary judgment motion is not automatically granted. Missing the 14-day deadline lets the court treat the motion as conceded, which can lead to the same practical result, but that is a discretionary step, not an automatic grant of judgment (SCR-Civil 12-I(e)).
- 4
Rule Promulgation Order 22-06, effective April 11, 2022, amended Rule 56 to add a consumer-debt-collection provision and to delete the prior reference to a separate memorandum of points and authorities. The motion itself must now state its points and authorities rather than attaching a separate document (SCR-Civil 56(a)(2), (b)(2)(A); Rule 12-I comment to 2022 amendments).
- 5
The moving party must file a statement of the material facts it contends are not genuinely disputed, with each fact in its own separate numbered paragraph, along with supporting affidavits, declarations, depositions, admissions, or other record evidence, and a proposed order for the court (SCR-Civil 56(b)(2)(A), (c)(1), (c)(4); Rule 12-I(f)).
- 6
If the plaintiff is a debt collector suing to collect a consumer debt, it cannot obtain summary judgment until it has provided all documentation and information D.C. Code section 28-3814 requires. A party may otherwise move for summary judgment on an entire claim or defense, or only part of one, with no separate adjudication procedure needed for partial relief (SCR-Civil 56(a)(1), (a)(2)).
- 7
A motion to dismiss and a motion to set aside a default are different procedures, covered on DocDraft's separate pages for those topics. This page covers District of Columbia Superior Court practice only; a federal case, including one in the U.S. District Court for the District of Columbia, follows Federal Rule of Civil Procedure 56 and is outside its scope. Summary judgment is technical, and attorney review is available before filing or responding.
Key decisions before you file
Before you file a Motion for Summary Judgment in Washington Dc, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Washington Dc Requirements for Motion for Summary Judgment
14-Calendar-Day Opposition Deadline
The opposing party must file and serve an opposition within 14 calendar days after service of the motion for summary judgment; if no opposition is filed within that time, the court may treat the motion as conceded (SCR-Civil 12-I(e)).
7-Calendar-Day Reply Deadline
The moving party may file an optional reply within 7 calendar days after service of the opposition (SCR-Civil 12-I(g)).
30-Day Filing Cutoff After Close of Discovery
Unless the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery, subject to any earlier deadline in the case's scheduling order (SCR-Civil 56(b)(1)).
No Notice Period Before a Hearing; No Hearing Required
Rule 56 sets no notice-before-hearing period because no hearing is required. A party may request oral argument by endorsing 'Oral Hearing Requested' on its motion or opposition, but the court may decide the motion on the papers (SCR-Civil 12-I(h)).
Movant's Statement of Material Facts in Numbered Paragraphs
The moving party must file a statement of the material facts it contends are not genuinely disputed, with each fact stated in its own separate numbered paragraph (SCR-Civil 56(b)(2)(A)).
Opposing Party's Responsive Statement of Material Facts
The opposing party must file its own statement of the material facts it contends are genuinely disputed, numbered to correspond to the movant's statement (SCR-Civil 56(b)(2)(B)).
Proposed Order Required With the Motion
A proposed order for the court's signature must be submitted with the motion, listing each scheduling-order date affected by the relief requested (SCR-Civil 12-I(f)).
Points and Authorities Folded Into the Motion Since 2022
Since Rule Promulgation Order 22-06, effective April 11, 2022, deleted the reference to a separate memorandum of points and authorities, the motion itself must state its points and authorities rather than attaching a separate document (SCR-Civil 56(b)(2)(A); Rule 12-I comment to 2022 amendments).
Consumer-Debt-Collection Documentation Precondition
If the plaintiff is a debt collector suing to collect a consumer debt as defined in D.C. Code section 28-3814, it cannot obtain summary judgment until it has provided all documentation and information that section requires (SCR-Civil 56(a)(2)).