Orders and Notices

Order of Revised Rules

BEFORE: Wagner, Chief Judge; Terry, Steadman, Schwelb, Farrell, Ruiz, Reid, Glickman, and Washington, Associate Judges.

ORDER (Filed December 2, 2003)

On consideration of the Notice of Proposed Rulemaking soliciting comments on or before September 12, 2003, on a substantial revision to the rules of practice before the District of Columbia Court of Appeals, and the comments submitted thereon, it is, this 2nd day of December, 2003,

ORDERED pursuant to Section 111 of the District of Columbia Court Reform and Criminal Procedure Act of 1970, Public Law 91-358, D.C. Code § 11-743 (2001 Ed.), that the rules as promulgated this date (hereinafter referred to as the "revised rules") shall govern proceedings in this court as follows:

1. The revised rules are effective January 2, 2004. All notices of appeal, petitions for review, and petitions for extraordinary writs, as described in Title IV of the revised rules, filed on or after that date, and all proceedings resulting from such filings, shall be governed by the revised rules.
2. Rules 1-12 of the rules currently in effect (the current rules) shall continue to govern proceedings and filings in this court with respect to cases filed prior to January 2, 2004.
3. Other than revised Rules 1 through 12, the revised rules will govern proceedings and filings in this court on or after January 2, 2004, with respect to cases filed prior to January 2, 2004, except that parties filing briefs in cases that were pending prior to January 2, 2004, are not required to comply with the "appendix" requirement imposed by revised Rule 30.
4. Revised Rule 4 (d) (inmate mailbox rule) shall govern all filings by incarcerated persons, even though the proceeding in this court was initiated by the incarcerated person before January 2, 2004.
5. Further, if, in the opinion of the court, the application of any provision of the revised rules in a particular matter pending prior to January 2, 2004, would not be feasible or would work an injustice, then the current rules shall apply.