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Appeals Matters
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How do I...
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seek review of an Agency’s order or decision?
- The District of Columbia Court of Appeals hears appeals of contested cases (within the meaning of D.C. Code § 2-509) from orders and decisions of the Mayor, the District of Columbia Council, any agency of the District of Columbia (including the Board of Zoning Adjustment of the District of Columbia and the Zoning Commission of the District of Columbia), and the District of Columbia Redevelopment Land Agency (D.C. Code § 11-722). It also hears appeals from orders and decisions of the Public Service Commission of the District of Columbia (D.C. Code § 11-722), the District of Columbia Commission on Human Rights (D.C. Code § 2-1403.14), and the Director of the Department of Employment Services granting or denying claims for disability compensation by D.C. government employees (D.C. Code § 1-623.28(b)). Many agency appeals are first taken to the Office of Administrative Appeals and then the decision of the Office of Administrative Appeals, in most instances, is appealed to the Court of Appeals.
- D.C. Ct. App. R. 15 states that "unless an applicable statute provides a different time frame, the petition for review [of an agency order or decision] must be filed within 30 days after notice is given, in conformance with the rules or regulations of the agency, of the order or decision sought to be reviewed."
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seek review of a Superior Court order or decision?
- File a notice of appeal in the Superior Court within 30 days pursuant to Court of Appeals Rules 3 and 4. Identify the order being appealed and the party appealing. [Link to DCCA forms page]
After a Superior Court judge grants a motion to certify an issue, file an application for permission to appeal within 10 days with the Clerk of the Court of Appeals pursuant to Court of Appeals Rule 5.
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seek review of a DCSC Magistrate Judge’s order?
Civil Division
Civil Rule 73 provides that orders or judgments of Magistrate Judges in the Civil Division may be requested by filing a motion in the Civil Clerk’s Office. The motion shall be filed and served within 10 days after the entry of the order or judgment. Note that you can seek review of an order or judgment in whole or in part.Criminal Division
You may file an appeal of a Magistrate Judge’s decision within 10 days after a final order or judgment has been entered by filing a "Motion for Review of Magistrate Judge Order". The motion should include the order, judgment or part thereof, that is being appealed. The motion should also include a written summary of the evidence that was originally presented. The "Motion for Review of Magistrate Judge Order" must be filed in the Criminal Division’s Criminal Information Office, Room 4001, located at 500 Indiana Ave., NW. Once the motion is received, it will be forwarded to an Associate Judge for review and ruling. The assigned judge who will rule on the appeal may do so with or without a hearing and may affirm, reverse, modify, or remand, in whole or in part, the Magistrate Judge’s order or judgment. If a ruling reverses, modifies or remands, in whole or in part, a Magistrate Judge’s original order or judgment, the assigned Associate Judge may enter an appropriate order or judgment.Domestic Violence Unit
Civil Protection Orders - The Domestic Violence Statute and rules are silent. The practice is to file a Motion for Review of Magistrate Judge’s Order within 10 days of the final decision issued by the Magistrate Judge. The motion will be reviewed by the Presiding Judge of the Domestic Violence Unit.- Child Support and Paternity - Per Family Court Rule D, a Magistrate Judge’s decision in a child support case can be reviewed by filing a Motion for Review of Magistrate Judge’s Order within 30 days of the entry of the order or judgment. In the Domestic Violence Unit the motion will be reviewed by the Presiding Judge of the Unit.
- Domestic Violence Misdemeanor Cases (DVM cases) - Pursuant to Superior Court Rule of Criminal Procedure Rule 117 (g) (1), "Upon Motion … a review of the Magistrate Judge's order or judgment, in whole or in part, shall be made by a judge designated by the Chief Judge upon motion of a party, which motion shall be filed and served within 10 days after service of the order or judgment upon the party, or, if the Magistrate Judge order or judgment was stated on the record, within 10 days thereafter." In the Domestic Violence Unit the judge designated to review these motions is the Presiding Judge of the Unit.
Family Court
Pursuant to Family Court SCR (D), a Motion for Review of Magistrate Judge’s Order is to be completed and filed, along with a copy of the order being appealed, with the Family Court’s Central Intake Center within 10 days from the date the Order is issued. In Paternity & Support matters, a motion must be filed within 30 days from the date the Order is issued. Motions are available, upon request, from the Central Intake Center which is located on the John Marshall Level (JM-540). Administrative Order 10-04 provides a timeline for the handling of such reviews.
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find forms to use in my appeal?
- Visit the D.C. Court of Appeals forms page.