Seals of the Court of Appeals and Superior Court
District of Columbia Courts

"If you are the losing party because the Court issued a default or default judgment, you may file a motion to vacate the default or default judgment. The Court issues a default judgment when you do not show up at your court date. If your wages and/or bank accounts or other properties have been “attached,” (seized or taken because of a court order) and you want to get back your property, you may file a motion to quash the writ of attachment. This motion can be added to the motion to vacate the default judgment. Any party can file a motion for a new trial or a motion to alter or amend the judgment. These motions must be filed ten business days after the judge’s order, which is called an “entry of the judgment.” See SCR-Civ. 59. A hearing on the motion will be scheduled within 21 to 30 days of filing where you will argue in favor of your motion. The losing party can file a motion to stay execution of a judgment (to prevent further action by the winning party to collect the judgment) while a motion for judicial review, motion for a new trial or motion to alter or amend a judgment is waiting to be heard by the judge. These motions should be filed with the Small Claims Clerk; there is a $10.00 fee, unless your costs have been waived by the Court. See page 6 for more details about fee waivers. Either party may appeal a judge’s decision. To “appeal a judge’s decision” means to have the judge’s decision looked at by another judge, usually a panel of judges from a higher court. If you wish to appeal a Magistrate Judge’s decision, you must file a motion for judicial review in the Small Claims Clerk’s Office within ten business days from the date that the judgment is entered into the Court’s official docket. The motion for judicial review of the Magistrate Judge’s decision will be reviewed by an Associate Judge. You cannot submit any new evidence when filing a motion for judicial review. Clerk’s Office and pay a $10.00 fee, unless your costs have been waived by the Court. See page 6 for more details about fee waivers."

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