Court of Appeals Seeks Comment on Proposed Amendments to Rule 31

May 13, 2026

The District of Columbia Court of Appeals announced on May 12 that it is considering amending D.C. App. R. 31(a)(1) to clarify the timing of reply brief filing.

Currently, the rule states that the "appellant may serve and file a reply brief within 21 days after service of the appellee's brief, but a reply brief must be filed at least 7 days before oral argument." The court is considering amending the text as follows: "The appellant may serve and file a reply brief. Barring extraordinary circumstances, a reply brief must be filed at least 14 days before oral argument or the submission of the case without oral argument."

The court anticipates that tying the date of filing to the date of argument or submission would substantially reduce the burdens imposed by the filing of motions for a time extension. Moreover, extending the time limit to 14 days would substantially decrease the burdens imposed on opposing parties and the court by the filing of reply briefs close to the date of oral argument. The court tentatively intends to narrowly interpret the "extraordinary circumstances" exception permitting late filing.

Comments must be submitted by August 12, 2026, either electronically to [email protected] or by mail to Clerk, D.C. Court of Appeals, 430 E Street, N.W., Washington, D.C. 20001.