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Fees - What is the hourly rate for payment from the Guardianship Fund?

Hourly Rate as of October 1, 2023, from the Guardianship Fund: 1) Attorneys serving as a guardian, conservator, special conservator, guardian ad litem or visitors. $110 (Administrative Order 23-01) 2) Participants in the Non-Lawyer Pilot Program serving as a guardian. $80 3) Medical doctors appointed by Superior Court to serve as an examiner and make a capacity assessment. $120 (Administrative Order 23-19) 4) All other licensed health care professionals serving as an examiner. $95 (Administrative Order 23-19) 5) Non-lawyers appointed by the court as a visitor, who conduct a special, independent investigation into specific issues raised by the petition. $100 (Administrative Order 23-19)

Can I serve discovery electronically?

Yes. You may serve discovery documents electronically on counsel through the system. Pursuant to Rule Promulgation Order 07-04, effective September 4, 2007, Certificates Regarding Discovery need not be filed when discovery is served. Instead, a Certificate Regarding Discovery that has occurred in the case must be filed as an attachment with any of the following three filings: (1) a motion regarding discovery; (2) an opposition to a dispositive motion based on the need for discovery; and (3) a motion to extend Scheduling Order dates. SCR Civil 5(d). If Certificates Regarding Discovery are already in the Court record, the Certificate Regarding Discovery may incorporate those certificates by reference and also list any additional discovery, if any, that has occurred.
Discovery is not served on the court unless it is necessary to a motion regarding the same.

Can a single filing apply to more than one case?

Because of the case management system, if cases are not officially consolidated with other cases by court order, any document applying in several cases must be filed in each case.

If a case is consolidated with others by court order, then a document can be filed in the lead case. The comments field on the eFiling screen must be used to specify to what other cases the document applies. It will then be accepted (or rejected) by the clerk in the lead case and a docket entry that it was filed will be made in each of the other cases with which it is consolidated. The entry will also state the case number of the lead case where the document was filed and can be viewed on a public access system.

I cannot afford to pay eFiling fees and court fees, but I want to participate in eFiling. What should I do?

Present a completed Application to Proceed without Prepayment of Costs, Fees, or Security (In Forma Pauperis) and the pleading you wish to eFile to the Legal Branch of the Office of the Register of Wills located at Court Building A, 515 5th Street, NW, 3rd Floor, Washington, DC 20001. If they are acceptable for filing, you will be referred to the office of Judge-In-Chambers, 4th Floor, Moultrie Courthouse, at 500 Indiana Avenue, NW, Washington, DC 20001, for a decision on the merits. If, after a hearing, the court issues an order granting the application, you may eFile documents without payment of the eFiling fee and any court fees in that case and should contact the court’s eFiling vendor at 877-433-4533 to request the Probate promotion code to waive fees. If your application is denied, you may still register with the court’s eFiling vendor to receive court orders and service copies of pleadings filed by the parties by eService.

When a document is filed in paper (either in person or by mail), will the Probate Division keep a hard copy of the document in the case file?

The Office of the Register of Wills will maintain in the case file wills, codicils, bonds, sealed documents and documents requested to be placed under seal. All other documents filed in paper will be returned to the filer—starting on October 25, 2013—after the filing is docketed and imaged into the court’s case management system.

The filer must maintain the original document while the case is pending and until any appeals or appeal time periods are exhausted and must be prepared to show the original document to the parties or the court upon demand.

The decedent’s estate is closed. Can I eFile my pleading to re-open it?

No. To re-open an estate, an unsupervised personal representative may file a Request for Extension of Personal Representative's Appointment or a petition to re-open. A supervised personal representative must file a petition to re-open. If an estate needs to be re-opened, but the personal representative is no longer available to serve, then a petition to re-open and appoint a successor personal representative should be filed. Please see Re-opening a Decedent's Estate in the District of Columbia. All of these pleadings must be filed in paper at the Legal Branch of the Office of the Register of Wills located at Court Building A, 515 5th Street, NW, 3rd Floor, Washington, DC 20001. None of them can be eFiled.

How will exhibits admitted into evidence in the courtroom by a Probate Division judge be maintained?

If an exhibit can be viewed comprehensively in an electronic format, it will be scanned into the court’s case management system and then returned to the presenting party to maintain while the case is pending and until any appeals or appeal time periods are exhausted.

If the exhibit cannot be scanned, such as x-ray film or blueprints, it will be maintained by the court while the case is pending and until any appeals or appeal time periods are exhausted.

I received a court order authorizing the deposit of funds into the Estates Deposit Account. Can I eFile the deposit?

No. The eFiling system can't process this type of transaction. Submit payment in paper either by mail or in person at the Probate Clerk’s Office of the Office of the Register of Wills located at Court Building A, 515 5th Street, NW, 3rd Floor, Washington, DC 20001.