About DC Superior Court
The District of Columbia Superior Court is the trial court for general jurisdiction in the District of Columbia. The Superior Court has jurisdiction to hear civil and criminal cases within the District of Columbia’s geographic boundaries, so long as federal law does not require litigation in federal court. The Superior Court is divided into its Civil, Criminal, Family, Probate, Landlord and Tenant, and Tax Divisions. Although the Civil and Criminal Divisions are the Superior Court’s two largest divisions , the Family Division is the court’s largest division in terms of cases filed.
The Superior Court hears cases involving civil matters with a range of damages sought, such as pedestrian accidents, slip and fall injuries, medical malpractice, product liability and automobile accident cases.
All civil actions filed in the Superior Court are subject to its Civil Procedure Rules. The Court’s Civil Procedure Rules are intended to provide guidelines for parties to follow to ensure that parties have an opportunity to fully present their claims in a manner that is fair to all parties and consistent with expeditious resolution.
Civil Procedure Rules Overview
The rules of civil procedure are a set of regulations that delineate how civil matters are handled in court. Familiarly known in the District of Columbia simply as "Civil Procedure" the Civil Procedure Rules set out how a civil action must be instituted, how pleadings and motions are to be made, heard and decided, and how discovery is conducted among other topics. Some sections also have their own inherent rules such as the Domestic Relations and Probate subdivisions.
Civil Procedure is a prerequisite for the Bar Exam. All lawyer candidates must pass a Civil Procedure course in order to sit for the exam. Thus it is clear that the rules of Civil Procedure are fundamental to effective litigation from inception through the conclusion of the case.
For litigants who do not have the benefit of the expertise of a lawyer, the rules are also essential to knowing how and when to bring a lawsuit and what to do once it is brought. The rules are far-reaching and can be local, state and/or federal in origin.
To research the civil rules, go to the Plain Language Legal Action Center of the Council for Court Excellence which provides a link to and defines the DC Rules of Civil Procedure.
Important DC Superior Court Civil Procedure Rules
The key rules in the DC Superior Court’s civil procedure framework touch on virtually every aspect of the litigation process. The following sections highlight some of the most significant aspects of these rules:
- 39 Rules of Civil Procedure (Superior Court Rules): While the Rules of Civil Procedure are numerous, many of them are fairly self-explanatory. For example, under Rule 9, a complaint must contain "a plain statement of the facts that show that the pleader is entitled to relief." Rules 10 – 23 provide guidance for parties on different types of pleading requirements. Rules 24 – 28 cover service of process, motions and pleadings, and dispositive motions.
- Rule 31 (Intervention of Right): This rule governs a third party’s ability to intervene in a case as a matter of right, which is in contrast to permissive intervention as a party. Courts permit intervention under Rule 31 when the intervenor has a direct interest in the outcome of the litigation.
- Rule 33 (Interrogatories to Parties): Parties can serve one another with up to 25 interrogatories (whether submitted in paper form or via a computer program) related to any matter that can be "inquired into under Rule 26(b)."
- Rule 34 (Production of Documents and Entry Upon Land): Under this rule, any request to produce documents relating to the litigation must be both "reasonable" in scope and specificity and of sufficient necessity to justify the burden of compliance.
- Rule 36 (Requests for Admission of Facts): Parties can request that opposing parties admit to the truth of any matters they can "genuinely admit" based on information in their possession. Requests for admission are an efficient way to limit the issues of a case, thereby focusing the trial.
- Rule 40 (Discovery): A party which propounds interrogatories to another party "may not propound additional interrogatories without leave of court unless the party to whom the interrogatories are directed agrees to answer such additional interrogatories." In addition, Rule 40 includes specific requirements for requests for production of documents.
- Rule 45 (Subpoenas): This rule provides definitions and standards related to issuance of a subpoena in the District of Columbia.
- Rule 47 (Depositions Pending Appeal): This rule sets guidelines for when it may be appropriate for parties to use a deposition taken prior to a trial appeal.
- Rule 54 (Time Periods): This rule governs objections to judicial decisions and appeal deadlines in DC Superior Court cases.
How to File a Civil Case – Procedures
To commence a civil action in DC Superior Court, one must first file a complaint. The complaint must contain certain minimum information, including: (1) a pleading caption; (2) a short, plain statement of the claim, showing that the pleader is entitled to relief; and (3) a demand for judgment or other relief sought, the relief sought being in respect to such of the original parties to the action as are affected by it. A complaint must be cleared through the Civil Docketing division of the Clerk’s Office, Division XI, prior to filing. This division checks for filing requirements, including the required number of copies, filing fees, certificates of service, and summonses. A complaint is filed by paying the filing fee and presenting the complaint and appropriate filings to the Clerk’s Office, Civil Division, Civil Docketing, at Room 1500. (Filing fees are waived for parties granted in forma pauperis status.
If the defendant is believed to reside or do business outside of the District of Columbia, plaintiff must request an order authorizing the issuance of a foreign-summons in accordance with Civil Rule 4(e).
After filing the complaint, the summons and the complaint (or the notice of commencement of action and the complaint pursuant to Civil Rule 3(f)) must be served on the defendant within thirty days. After service, the summons must be filed with the court. A copy of the summons must be served on each defendant, with service of the summons being made by the returned original or a copy thereof, and by leaving within the view and access of the defendant, under circumstances reasonable calculated to bring the summons to the defendant’s attention.
The summons shall be served either personally or at the defendant’s usual place of abode or place of business or employment, upon the defendant himself or herself, or left with an agent duly authorized by appointment or by law to receive service of process. Generally, service outside the jurisdiction of DC is made by a superior court judge or magistrate judge, who has the authority to order that service be made in another jurisdiction of the United States either by a foreign corporation authorized to make service of process or by any other method permitted by the law of the foreign jurisdiction. If the action involves a foreign corporation, service may alternatively be made upon the Secretary of State of the United States in the manner provided by 28 U.S.C. § 1608(b).
Discovery in DC Superior Court
Under the field of judicial economy in the District of Columbia, all parties to civil actions in the DC Superior Court enjoy the benefits of both liberal and narrow scope of discovery. The scope of discovery in most civil actions is governed by DC SCR – Civil 26(b)(1) which states discovery is "regarded as a vital prelude to trial" and that "the use of discovery devices [is] appropriate no less than trial preparation." The purpose of allowing for broad discovery is "to enable each party to obtain the fullest possible knowledge of the issues and facts prior to trial." G. Heileman Brewing Co. v. Joseph Schlitz Brewing Co., 878 F.2d 711, 711 (DC Cir. 1989).
Generally, the scope of information discoverable under DC SCR Civil 26(b)(1) includes evidence regarding "any non-privileged matter that is relevant to any party’s claim or defense—including the identity and location of persons who know of any discoverable matter." DC SCR – Civil 26(b)(1). In contrast to broad discovery, DC SCR – Civil 26(b)(2) allows for "more discerning limits to discovery when necessary in a particular case to protect the rights of persons not parties to the action." An example of limited discovery is limited disclosures to experts pursuant to DC SCR – Civil 26(b)(4).
There are two types of discovery tools in DC Superior Court: depositions and written discovery requests. A deposition allows a party to take the testimony of another individual under oath. Depositions may be taken of any person upon reasonable notice to the other parties and the deponent. However, DC SCR – Civil 30(b)(6) provides a unique provision for the taking of depositions of an organization and designating an "officer, director, or managing agent, . . . and to testify on behalf of the organization." DC SCR – Civil 30(b)(6)(1). Information gained through a deposition may be used to support or oppose summary judgment. DC SCR – Civil 56(c) , (e).
Written discovery requests are just that, other methods of obtaining information other than depositions, in writing. DC SCR – Civil 26(c)(1) provides the ability to obtain interrogatories, requests for admission, requests for production of documents, or requests for entry onto land from any other party. Written discovery requests also have their limitations. Discovery requests may not be overly verbose and unduly burdensome under DC SCR – Civil 26(g)(1), and should be directed to an organization under the means of control prong of DC SCR – Civil 26(b)(2). An example of an overly burdensome discovery request is requesting documents which contain information available to the public. People Of The State Of New York v. Dreyfus, 80 F.R.D. 385 (S.D.N.Y. 1978). A party requesting such information cannot shift the burden to the responding party simply because it does not have access to the information if the same information is available to the public. See Id. at 390.
Once given the discovery tools available, the DC Superior Court also requires the parties to make disclosures under DC SCR Civil 26(a) to identify individuals likely to have information that may be used to support a party’s claims and defenses. "Parties must disclose those individuals" and documents under their control in regards to their claims of defenses before the parties’ initial disclosures. DC SCR – Civil 26(a)(1), (3)(A). This is meant to mandate full disclosure of information to the parties within a designated amount of time.
Overall, while the district enjoys a broad scope of discovery and requires broad disclosure, the District does have certain limited provisions for parties to structure their requests and disclosures in a manner that "protects parties and witnesses from torture at the hands of attorneys." See Lunch v. OVI Holdings, LLC, et al., 313 F.R.D. 31 (DC Cir. 2015).
Motions and Hearings
Motion practice in the D.C. Superior Court is governed by SCR Civil 7. Most of the time, motions are filed, oppositions and replies are filed, and a hearing is held. The judge is left with a robust record to make findings and ultimately decide the motion.
However, the rules allow for a shortened schedule as well as arguments to be made on the papers. If the parties agree to it, the judge may decide the motion on submissions without a hearing.
If the parties are not able to agree to the shortened schedule, or judge’s calendar does not permit it, the court will set a hearing date. At least 7 days prior to the hearing, the parties must submit a Joint Prehearing Statement along with their arguments.
The argument will be heard in open court.
A second form of motion practice is through motions that require a decision by the court without an oral hearing. Motion practice is available in the following areas:
In these instances, the court will make a decision on the motion based on the written submissions.
Trial in DC Superior Court
When you enter the DC Superior Court for trial of your civil matter, there are a number of things to expect, as well as potential pitfalls to avoid. These procedures and expectations can be used by litigants in pro se litigation, or by counsel to ensure that their clients’ cases are presented and protected properly. Among the most important aspects of DC Superior Court civil trial procedure are those that apply to trial preparation, courtroom decorum, and post-trial motions.
While a party’s trial preparation is the subject of an earlier section (Preparing for Trial), one of the main components of any party’s trial preparation process is the trial memorandum. This writing requirement is set forth in SCR Civil 101 (d) which states in relevant part that "[a]t least ten days prior to trial, counsel shall file with the court and serve upon all parties a trial brief.. The trial brief shall contain the following information: (1) a detailed factual statement; (2) a description of the parties’ positions; (3) a statement of all relevant legal issues and authorities; and (4) an estimate of trial time." This requirement is not an empty one. Failure to file a trial memorandum as required under SCR Civil 101 (d), or failure to comply with the requirement to have a trial memorandum provide an estimate of trial time can lead to a number of negative consequences for an unprepared party. First, the court has the inherent authority under SCR Civil 101 (d) to strike the trial memoranda of unprepared parties, and to preclude them from putting on evidence. SCR Civil 101 (d) states in relevant part, "Failure to file a trial brief may result in the imposition of sanctions by the court. Sanctions may include the striking of the trial brief and the exclusion from the trial of the proponent of every fact, statement, or legal position not disclosed in the trial brief."
Perhaps even more damaging to a party’s case, however, would be filing an inaccurate or incomplete estimate of trial time in the trial memorandum. Under SCR Civil 101 (g), time estimates are extremely important because the court uses them to manage its available resources and judicial calendar. SCR Civil 101 (g) states that "[a]ll other cases shall be trial ready on the date set by the court and must begin within the first two days of that date. Failure to comply with this rule may result in dismissal of the action, dismissal of the answer or cross complaint, or sanctions." This means that if a party provides an inaccurate trial estimate, and then appears for trial with a longer trial estimate (as usually happens when a party over-estimates its trial time), the court will remove the case from its calendar and instruct the parties to re-notice the case for trial sometime in the future. In some cases, the court may even dismiss the case entirely. In some cases where the time estimate is excessive, the court may preclude a miscalibrated party from putting on evidence or taking testimony. For example, the jury may hear the court admonish the party for its failure to give an accurate time estimate, and may hold it against that party during deliberations. A party who is at trial in the DC Superior Court should thus make it a point to understand the requirements placed on parties trial memoranda.
In addition to limitations on trial memoranda imposed on parties in the DC Superior Court, proper courtroom conduct is also critical to success in litigation. For example, counsel should be aware of and prepared to satisfy the requirement that they enter a notice of appearance prior to presenting any witness or document to the court during trial. In Robinson v. Davis, 950 A.2d 659 (D.C. 2008), the DC Court of Appeals upheld a trial court entry of default judgment against a plaintiff who appeared in a trial without prior entry of a notice of appearance. In that case, the trial court set the case down for trial on a specific date for 9:00 a.m. The plaintiff showed up at 9:30 a.m., but by the time she was called to trial, the defense presented the court with a notice of intent to default the plaintiff for her tardiness. The trial court entered default judgment against the plaintiff, and the DC Court of Appeals affirmed. Id. at 660.
Litigants in civil matters must also be aware of the limited reach of post-trial motions before the DC Superior Court. The court allows for a very limited set of motions before it, finding jurisdiction only under SCR Civil 59 and 60, and Writs of Certiorari. Unlike with civil matters in the District of Maryland, where a party may appeal to the Court of Appeals of Maryland, or in federal court where the losing party may appeal to the United States Court of Appeals for the DC Circuit, there is no right to appeal a civil matter in the DC Superior Court to the DC Court of Appeals. SCR Civil 59 is the rule that governs a motion for a new trial. This rule states under SCR Civil 59 (b) that a party seeking a new trial in the DC Superior Court must file its motion within thirty (30) days of entry of judgment. SCR Civil 60 governs the court’s authority to vacate or modify judgment. SCR Civil 60 (b) is the general rule that states that a party seeking to vacate or modify a judgment must file its motion within ten (10) days of entry of judgment. There are exception to these general rules. For instance, a motion for new trial is not subject to the thirty (30) day limitation period if a motion for new trial is filed within the ten (10) day period. Similarly, the time limit on SCR Civil 60 (b) may be extended if a motion for new trial is filed within the ten (10) day limit.
By knowing the limitations that apply to trial memoranda, trial appearance requirements, and the scope of the court’s authority to consider post-trial motions, litigants will be in a better position to succeed in their civil matters before the DC Superior Court.
Special Issues in DC Civil Procedure
There are several special considerations to keep in mind when practicing in the DC Superior Court.
First, all documents (with very few exceptions) in the DC Superior Court are filed electronically. Any attorney’s office can set up an account to file documents electronically over the internet. While electronic filing is a benefit to attorneys, they must also keep in mind their obligation to notify pro se parties about electronic filing. Per the Rules, "A party who is not represented by an attorney may either authorize an attorney of record to file documents on the party’s behalf or may file documents by converting them to PDF format and electronically filing them through the eFiling Portal. A pro se party may also file by submitting paper documents for filing to the Clerk of Court , who will then convert them to PDF format and scan and upload them into the eFiling Portal." The Superior Court Rules also provide for "paper filing only" and "limited electronic filing."
Second, there are some minor but important local rules that vary from other state superior courts. For example, sometimes the statutory interest on a judgment in DC is not recoverable (up to $10,000 is used if the judgment was rendered between July 1, 2017 to October 1, 2017). Relief is also available against third parties who are not parties to the contract, but who want a share of the benefit given to the debtor by the creditor.
In conclusion, I am happy to assist with any questions regarding DC Superior Court Civil Procedure on an hourly basis.