Handbook VIII.G: Motions for Summary Disposition

Motions for summary affirmance or summary reversal must be filed within 45 days of the date the case is docketed unless the Court’s scheduling order sets a different date for dispositive motions. Parties are encouraged to file such motions where a sound basis exists for summary disposition.

Motions for summary disposition may be granted in whole or in part. Summary affirmance is appropriate where the merits are so clear as to justify summary action. See Cascade Broadcasting Group, Ltd. v. FCC, 822 F.2d 1172, 1174 (D.C. Cir. 1987) (per curiam); Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). Summary reversal is rarely granted and is appropriate only where the merits are "so clear, plenary briefing, oral argument, and the traditional collegiality of the decisional process would not affect [the Court's] decision." Sills v. Federal Bureau of Prisons, 761 F.2d 792, 793-94 (D.C. Cir. 1985). Parties should avoid requesting summary disposition of issues of first impression for the Court.