Superior Court Amends Civil Procedure Rules 12 and 28-I

April 24, 2025

On April 23 the District of Columbia Superior Court issued Promulgation Order 25-01 amending Rules of Civil Procedure 12 and 28-I.

The court amended section (a) of Rule 12 for consistency with the 2024 amendments to Federal Rule of Civil Procedure 12, which was revised to make clear that a statute specifying another time supersedes the times to serve a responsive pleading set by subsections (a)(2) and (3).

Section (b) of Rule 28-I was amended to implement the District’s Human Rights Sanctuary Amendment Act of 2022, which amended the Uniform Interstate Depositions and Discovery Act to restrict enforcement of foreign subpoenas in interstate investigations and proceedings that interfere with the right of bodily autonomy. New subsection (b)(2) implements the act’s affirmation requirement. Former subsections (b)(2), b(3), and b(4) have been redesignated (b)(3), (b)(4), and (b)(5), respectively. Section (b) has also been amended to conform with the general restyling of the Superior Court rules.

The amendments to Rule 12 take effect immediately; revisions to Rule 28-I take effect 60 days from the order date.