SUPERIOR COURT DC.GOV
FEDERAL DISTRICT COURT DC .GOV
(b) Personal representation; In civil proceedings, any individual taxpayer may appear pro se; no
corporation shall appear as a petitioner except through a member in good standing of the District
of Columbia Bar; and any partnership, joint venture, association, trust, estate, or receiver may
appear by an authorized representative. (Amended, Sept. 3, 1975; Jan. 1, 1978; Nov. 27, 1989;
Feb. 28, 1996, eff. May 1, 1996.)
COMMENT
With respect to motions for summary judgment that are analogous to motions filed under
SCR Civ 12-I (k), the time limit for filing and responding to such motions is governed by Tax Rule 9. With
respect to service of motions for substitution of parties or of any other motion, Tax Rule 5 controls the
service of such motions. Section (b) was revised to be consistent with the practice in the Civil Division to make clear that corporations shall be represented by counsel. (Amended, Jan.1, 1978; Feb. 28, 1996, eff.
May 1, 1996.)
SCR-CIVIL 56(Summary judgment) is applicable to tax proceedings. Wyner v. District of
Columbia, App. D.C., 411 A. 2d 59 (1980). Time of filing. - The time requirements of Superior Court Tax
Rule 9(a) are not jurisdictional; therefore, the trial court, in its discretion can determine whether to
entertain an untimely motion to dismiss. Friendship Hosp. for Animals, Inc. vs. District of Columbia, App.
D.C., 698 A.2d 1003 (1997). Cited in Calvin-Humphrey v. District of Columbia, App. D.C., 340 A.2d 795
(1975); YWCA v. District of Columbia, App. D.C., 731 A2d 849 (1999While the Court may accept documents during hearings or trials, such filings are discouraged and should
not be regarded as a normal or usual practice. (Added, Feb.28, 1996, eff. May 1, 1996).
AMENDMENT TO TAX DIVISION RULE 5
Rule 5. Service.
(a) Method. The petitioner shall serve a copy of a pleading (except the initial petition), motion,
notice, or other document upon the respondent by mailing, electronic means, or delivery of such
copy to counsel appearing for the District of Columbia, counsel for any other party, and any other
party, and any other person as ordered by the Court.
The respondent shall serve a copy of a pleading, motion, notice or other document upon the
petitioner or any other party by mailing, electronic means, or delivery of such copy to the petitioner,
any other party, or the attorney of record for petitioner or other party as provided in
subsections(b)and (c)of this Rule.
Service by electronic means is complete on transmission; service by other consented means is
complete when the person making service delivers the copy to the agency designated to make
delivery. Service by electronic means is not effective if the party making service learns that the
attempted service did not reach the person to be served.
(b) Attorney of record. Service upon any attorney of record shall be deemed service upon the party,
but, where there is more than one attorney for a party, service shall be made only upon the party’s
attorney whose appearance was first entered of record, unless the first attorney of record, by writing
served and filed, designates another attorney to receive service, in which event service shall be so
made.
(b) No attorney of record. If a petitioner has no attorney of record, service shall be made upon the
petitioner.
