# D.C. App. R. 5: Rule 5. Appeals by Permission Pursuant to D.C. Code § 11-721(d) > District of Columbia · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R5 ## Section - **Citation:** D.C. App. R. 5 - **Heading:** Rule 5. Appeals by Permission Pursuant to D.C. Code § 11-721(d) - **Jurisdiction:** District of Columbia - **Kind:** Court rules - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** District of Columbia Court Rules / District of Columbia Court of Appeals / Rules of the District of Columbia Court of Appeals / D.C. App. R. 5 ## Text (a) Application for Permission to Appeal. (1) To request permission to appeal from a ruling or order in a civil case not otherwise appealable, a party must file an application for permission to appeal. The application may not exceed 20 pages, excluding any attachments or statements required by this rule, and must be filed with the Clerk of this court with proof of service on all other parties to the action. The application must also conform to the requirements of Rule 27(d)(1) and (5). (2) The application must be filed within 10 days after the entry of the order of the Superior Court, as required by D.C. Code § 11-721(d). (3) The Clerk will not accept the application for filing unless the ruling or order sought to be appealed contains the statement of the trial judge referred to in D.C. Code § 11-721(d). The trial judge may amend the order at any time to include the prescribed statement, and permission to appeal may be sought within 10 days after entry of the amended order. (b) Contents of the Application; Response; Oral Argument. (1) The application must include the following: (A) the facts necessary to an understanding of the controlling question of law determined by the order of the Superior Court; (B) the question itself; (C) the reasons why a substantial basis exists for a difference of opinion on the question and why an immediate appeal may materially advance the termination of the litigation; and (D) a copy of the order from which the appeal is sought and any findings of fact, conclusions of law, and opinion relating thereto. (2) A party may file a response within 7 days after service of the application. (3) The application and response will be submitted without oral argument unless the court orders otherwise. diate appeal may materially advance the termination of the litigation; and (D) a copy of the order from which the appeal is sought and any findings of fact, conclusions of law, and opinion relating thereto. (2) A party may file a response within 7 days after service of the application. (3) The application and response will be submitted without oral argument unless the court orders otherwise. (c) Stay of Proceedings in the Superior Court. An application, filed in this court, for an appeal under this rule will not stay the proceedings in the Superior Court unless the judge of that court who made the ruling or order, or this court or a judge thereof, so orders. (d) Grant of Permission. If permission to appeal is granted, the order granting permission will be treated as the notice of appeal, and the time fixed by Rules 10 through 12 will run from the filing date of the order. A separate notice of appeal will not be required; the provisions of Rule 14 will not apply. ## Nearby sections - [D.C. App. R. 1 Rule 1. Title and Scope of Rules; Definitions](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R1.md) - [D.C. App. R. 2 Rule 2. Seal](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R2.md) - [D.C. App. R. 2.1 Rule 2.1. Suspension of Rules](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R2_1.md) - [D.C. App. R. 3 Rule 3. Appeal as of Right — How taken](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R3.md) - [D.C. App. R. 4 Rule 4. Appeal as of Right — When taken](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R4.md) - [D.C. App. R. 5 Rule 5. Appeals by Permission Pursuant to D.C. Code § 11-721(d)](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R5.md) - [D.C. App. R. 6 Rule 6. Appeals by Application Pursuant to D.C. Code § 11-721(c) and § 17-301](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R6.md) - [D.C. App. R. 7 Rule 7. Bond for Costs on Appeal in a Civil Case](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R7.md) - [D.C. App. R. 8 Rule 8. Stay or Injunction Pending Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R8.md) - [D.C. App. R. 9 Rule 9. Release or Detention in a Criminal Case](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R9.md) - [D.C. App. R. 10 Rule 10. The Record on Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R10.md) - [D.C. App. R. 11 Rule 11. Transmission of the Record](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R11.md) - [D.C. App. R. 12 Rule 12. Docketing the Appeal; Filing the Record; Sealing the Record](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R12.md) - [D.C. App. R. 13 Rule 13. Dismissal of Appeal](https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R13.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DC_DCCA_R5. Check the current official text before relying on it. Not legal advice.