District Of Columbia § 16-805 - Review by Court.
Full text of District Of Columbia D.C. Code § 16-805 — Review by Court., with citation guidance and answers to common questions.
§ 16-805. Review by Court.
16-805If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or is not entitled to relief, the Court may dismiss or deny the motion.
If the motion is not dismissed or denied after initial review, the Court shall order the prosecutor to file a response to the motion. The prosecutor shall file the response within 60 days of the issuance of the order except where the arrest was not presented to the prosecutor for a charging decision, in which case the prosecutor shall file the response within 90 days of the issuance of the order.
Upon the filing of the prosecutor’s response, the Court shall determine whether a hearing is required.
If the Court determines that a hearing is required, the hearing shall be scheduled within 30 days of the prosecutor’s response. If the Court determines that a hearing is not required, the Court shall dismiss, grant, or deny the motion within 30 days of the prosecutor’s response.
At the hearing, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible.
An order dismissing, granting, or denying the motion shall be in writing and include reasons.
The Court shall not be required to entertain a second or successive motion for similar relief on behalf of the same movant regarding the same offenses, arrests, or convictions unless the previous motion was dismissed or denied without prejudice.
An order dismissing, granting, or denying a motion for sealing is a final order for purposes of appeal.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 16-805
What does D.C. Code § 16-805 cover?
Section 16-805 ("Review by Court.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 16-805?
A common citation format is "D.C. Code § 16-805" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 16-805 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.