Rule 14 Form of court filings; motions practice
Rule Text
(a) Caption: Name of respondent. Every court filing shall contain the following heading: Superior Court of the District of Columbia, Family Court, Mental Health and Mental Retardation Branch, and a designation as to the nature of the court filing. The caption shall include the name of the respondent and shall be in the following format: "In the Matter of [name of respondent]."
(b) Motions. With each motion there shall be filed and served a proposed order for the Court's signature which shall contain a list of all persons with their current addresses to whom copies of the Court's order shall be sent. Each motion shall be accompanied by the specific points and authorities to support the motion, including, where appropriate, a concise statement of material facts. The points and authorities shall be captioned as such and placed either on a separate paper or below all other material, including signatures, on the last page of the motion. A statement of opposing points and authorities, with a proposed order, shall be filed and served within ten days or such further time as the Court may grant. If a statement of opposing points and authorities is not filed within the prescribed time, the Court may treat the motion as conceded.
(c) Adoption by reference; exhibits. Statements in a court filing may be adopted by reference in a different part of the same court filing or in another court filing. A copy of any written instrument which is an exhibit to a court filing is a part thereof for all purposes.
(d) Stationery; title; relief prayed. Other filings shall be on opaque white paper, without back or cover, fastened at the top and stating under the caption the nature of the court filing and the relief, if any, prayed.
(e) Locational information. Every court filing signed by an attorney shall show the name, an office address meeting the requirements of SCR Civ 101 (a), telephone number, email address and Bar number of the attorney. The names, addresses, telephone numbers and email addresses shall be conclusively deemed to be correct and current except as modified by praecipe filed with the Court and served upon the parties pursuant to SCR Civ 5.
(f) Nonconformance with above. A court filing not conforming to the requirements of this Rule shall not be accepted for filing.
(g) Filing electronically. (A) Electronic Filing. As permitted or required by statute, rule or administrative order, pleadings and filings may be filed by electronic means. Filing by electronic means is complete upon transmission, unless the party making the transmission learns that the attempted transmission was undelivered or undeliverable.
(B) Forms of Documents Electronically Filed.
(i) Format of Electronically Filed Documents. All filings submitted electronically shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper filings, and in such other and further format as the Court may require from time to time.
(ii) Representations by Using a Typographical Signature. Every document filed electronically shall be deemed to have been signed by the attorney or declarant and shall bear a facsimile or typographical signature of such person, along with the typed name, address, telephone number, e- mail address and Bar number of a signing attorney. Typographical signatures shall be treated as personal signatures for all purposes under these rules. Typographical signature means the typed or imaged signature of each lawyer or party who is responsible for the filing under SCR MH Rule 15.
(C) Maintenance of Original Document. Unless otherwise ordered by the Court, an original of all documents filed electronically, including original signatures, shall be maintained by the party filing the document during the pendency of the case and through exhaustion of any appeals or appeal times, and shall be made available, upon reasonable notice, for inspection by other counsel or the Court.
(D) Conventional Filing of Documents. Notwithstanding the foregoing, the following types of documents may be filed conventionally and need not be filed electronically, unless expressly required by the Court:
(i) Documents filed under seal. A motion to file documents under seal shall be filed and served electronically. The documents to be filed under seal shall be filed in paper form, unless a different procedure is required by statute, rule, or administrative order. Documents filed under seal should be clearly marked as such by the filer.
(ii) Exhibits and real objects. Exhibits to declarations or other documents that are real objects (e.g. x-ray film or vehicle bumper) or which otherwise may not be comprehensibly viewed in an electronic format shall be filed and served conventionally in paper form.
(iii) Courtesy Copies. Unless specifically requested by the Court, paper courtesy copies of documents filed electronically need not be delivered to the Court.
(E) Electronic Filing and Service of Orders and Other Papers. The Court may issue, file, and serve notices, orders, and other documents electronically, subject to the provisions of these rules, statute or administrative order.
(F) Who Shall File Electronically. By statute, rule or administrative order, all attorneys representing parties may be required to submit filings electronically. By statute, rule or administrative order, any person appearing pro se may file and serve documents electronically and may be served electronically, if they have consented in writing thereto, and if such activities are provided for by the Court's e-filing program.
(G) Failure to process transmission. If the electronic filing is not filed because of a failure to process it through no fault of the sending party, the Court shall enter an order permitting the document to be filed nunc pro tunc to the date it was sent electronically, as long as the document is filed within ten (10) days of the attempted transmission.