
The District of Columbia Court of Appeals (“Court of Appeals” or “Court”) is making significant operational changes in response to the COVID-19 pandemic, as reflected in the March 23, 2020, Order entered by Chief Judge Blackburne-Rigsby. The change to Court procedures follows suit with many appellate courts throughout the country. Last week, the United States Supreme Court announced it would postpone oral arguments through its session ending on April 1, 2020. The nation’s highest court has not postponed oral arguments in over 100 years – since the 1918 Spanish flu epidemic.
The Court of Appeals will close the Historic Courthouse Building and cancel all oral arguments scheduled through May 31, 2020. Cancelled cases will be decided without oral argument unless the Court determines that oral argument is otherwise necessary. Parties are permitted to file a motion requesting oral argument. The Court’s Order also expressly encourages the filing of motions for summary affirmance for parties seeking a decision prior to briefing or oral argument. By instituting and encouraging these policies, it appears the Court is attempting to avoid further delay by allowing judges greater latitude to decide cases without briefing or oral argument. We may see a departure from the Court’s existing procedure where many cases are argued prior to the Court’s decision.
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