Washington DC Process Server Service of Process Under Superior Court Civil Rule 4

Rule 4(c)(2) allows any person who is at least 18 years of age and not a party to serve a summons and complaint; those are the only qualifications the rule states. On the Civil Actions Branch’s Form CV-3035, sworn before a notary public or deputy clerk, the server states that he or she is not a party and has no interest in the case. D.C. Code § 13-302 has the United States marshal or a deputy serve Superior Court process, subject to the law and rules for service by other persons. Under Rule 4(c)(3), the court grants a plaintiff’s request for service by a marshal, a deputy marshal or a specially appointed person only when service is made on behalf of the United States or one of its officers or agencies, or when the court orders that such service is required in that action. Under § 13-302.01(b), the Metropolitan Police Department serves civil process in any case where paternity establishment or child support is at issue, and in a non-IV-D case a judicial officer may order it to serve or to accompany a private process server on a finding of danger to the server or that the respondent is evading service.

Rule 4(m)(1)(A) gives the plaintiff 60 days from filing the complaint, or from the return date in an order of publication, to file an acknowledgment of service or proof of service, separately for each defendant who has not responded. Tax-sale foreclosures under D.C. Code § 47-1370 allow 180 days, collection and subrogation cases follow Rule 40-III, and service under Rule 4(f), (h)(2) or (j)(1) follows the deadlines of the relevant statute, treaty or other international law. Before the period runs out, Rule 4(m)(2) lets the plaintiff move to extend it, setting out in detail the efforts made and to be made; except in Rule 40-III cases, the court must extend the time for an appropriate period on a showing of good cause. After an extension, Rule 4(m)(3) requires the order and notice of the new court date to be served and included in the proof. Otherwise, except where service is made under Rule 4(f), (h)(2) or (j)(1) or in Rule 54-II cases, Rule 4(m)(4) results in dismissal of the complaint without prejudice; the clerk enters the dismissal and serves notice on all the parties.

Yes. Rule 4(c)(1) requires the summons to be served with a copy of the complaint, the Initial Order setting the case for an initial scheduling and settlement conference, any addendum to that order, any Rule 4(e)(3) order permitting an alternative method of service, and any other order directed by the court to the parties at the time of filing. The plaintiff is responsible for having them served within the Rule 4(m) time and must furnish the copies to the person who makes service. At a home, a copy of each is left with someone of suitable age and discretion who resides there (Rule 4(e)(2)(B)), and the return must state that these papers were delivered (Rule 4(l)(1)(A)(iv)).

Unless service is acknowledged, proof is by the server’s affidavit (except for a United States marshal or deputy). For delivery under Rule 4(c)(2)–(3), Rule 4(l)(1)(A) requires the return to be made under oath, unless a marshal or deputy served, and to state the caption and case number; the server’s name, residential or business address and that the server is 18 or older; the time and place of service; that the summons, complaint, Initial Order and the other papers given at filing were delivered; and, if they went to someone other than the named party, facts showing that person qualifies under Rule 4(e)–(j). The rule lists contents and names no form. The Civil Actions Branch’s Affidavit of Service by Special Process Server (Form CV-3035/Jun 2011) also asks for specific facts, including a physical description (approximate age, height, weight) of any person served, is sworn before a notary public or deputy clerk, and notes that a separate affidavit is required for each named defendant. Rule 9-I(e) lets a matter the rules require to be sworn be supported instead by a dated, unsworn declaration under penalty of perjury in the form the rule sets out, unless otherwise provided by law.

Rule 4(c)(4) reaches defendants described in Rule 4(e), (f), (h), (i), (j)(1) or (j)(3), except as Rule 4(i) specifies, by registered or certified mail, return receipt requested. The return attaches the signed receipt to an affidavit stating the caption and case number, the name and address of the person who posted the letter, that it contained the summons, complaint, Initial Order and other papers given at filing, and, if the receipt does not purport to be signed by the named party, facts showing the signer qualifies (Rule 4(l)(1)(B)). Rule 4(c)(5) covers only defendants described in Rule 4(e), (f) or (h): first-class mail, postage prepaid, with two copies of a Notice and Acknowledgment conforming substantially to Civil Action Form 1-A and a prepaid return envelope. If the form is not returned within 21 days after mailing, the court must, unless good cause is shown, order the party served to pay the costs of another authorized method and the reasonable expenses, including attorney’s fees, of any motion to collect them. Rule 4 has no subdivision (d): it reads “(d) [Omitted].”

Only after the court determines that, despite diligent effort, a party could not serve by a method in Rule 4(c) or 4(e)(1)–(2); it may then permit an alternative method it determines is reasonably calculated to give actual notice. The rule’s examples are leaving a copy at the individual’s place of employment with a clerk or other person in charge; email, if the serving party shows the person used it for successful communication within the past 6 months and also sends a copy by first-class mail to the last-known business or residential address; and any other manner the court deems just and reasonable. The party must file a motion with an affidavit specifying the diligent efforts, and the court may specify how service by the alternative method must be proved. Separately, to the extent an emergency order of the Chief Judge under D.C. Code § 11-947 authorizes it, Rule 4(c)(7) allows a method reasonably calculated to give actual notice on defendants described in Rule 4(e), (h)(1), (i), (j)(2) and (j)(3).

Publication may replace personal service only in the actions § 13-336(b) lists, among them actions for partition, divorce or annulment, attachment, and foreclosure of mortgages and deeds of trust, and actions whose immediate object is the enforcement or establishment of a lawful right, claim or demand to or against real or personal property within the court’s jurisdiction. Under § 13-336(a) it may be used against a defendant who cannot be found and is shown by affidavit to be a nonresident or absent from the District for at least 6 months, one who cannot be found after diligent efforts or who by concealment seeks to avoid service, or the unknown heirs or devisees of deceased persons. Section 13-338 bars the order until a summons has been issued and returned “not to be found” and the plaintiff proves by affidavit, to the court’s satisfaction, the nonresidence or 6 months’ absence, or the diligent efforts or concealment. The order runs at least once a week for three successive weeks (§ 13-340(a)) in at least one legal newspaper or periodical of daily circulation and any other the court designates (Rule 4-I(a)); under Rule 4(e)(4), the court may permit posting on its website instead when the plaintiff cannot pay for publication without substantial financial hardship. Before an order, judgment or decree is entered on publication against an absent or nonresident defendant, § 13-340(b) requires an affidavit that a copy was mailed, postpaid, to the last known residence at least twenty days before applying, or that diligent effort could not find it. In these actions, § 13-337 allows personal service on a nonresident out of the District, with the same effect as publication, by any person not a party to or otherwise interested in the subject matter; unless that person is a sheriff, deputy sheriff, marshal or deputy marshal authorized to serve where service is made, the return is made under oath in the District, and it must show the time and place of service and that the defendant is a nonresident.

A limited liability company is an “entity” under D.C. Code § 29-101.02(10), and a “filing entity” is one formed by filing a public organic record, which includes an LLC’s certificate of organization (§ 29-101.02(13), (40)). Under § 29-104.02, a domestic filing entity, a domestic limited liability partnership and a registered foreign entity must designate and maintain a registered agent in the District, and § 29-104.12(a) allows service on that agent. If the entity ceases to have one, or the agent cannot with reasonable diligence be served, § 29-104.12(b) allows registered or certified mail, return receipt requested, or similar commercial delivery to the principal office shown in its most recent biennial report; service is effective on the earliest of receipt, the date on a return receipt signed by the entity, or five days after deposit if correctly addressed and paid. If the entity fails to designate or maintain an agent, or the agent cannot with reasonable diligence be found, § 29-104.12(d) makes the Mayor its agent once the person seeking service submits a declaration under penalty of making false statements that no registered agent can be found; duplicate copies go to the Mayor or a designee, and the Mayor forwards one by registered or certified mail to the entity. Section 29-104.12(c) also allows handing the process to an officer, a managing or general agent, or an agent authorized by designation or by law, if the individual served is not a plaintiff, and § 29-104.12(f) allows service by other means under other law.

Rule 45(b)(1) allows any person at least 18 years old and not a party to serve a subpoena, by delivering a copy to the named person and, if the subpoena requires attendance, tendering the fees for one day’s attendance and the mileage allowed by law; no tender is needed when it issues on behalf of the United States or the District of Columbia or their officers or agencies. Under D.C. Code § 15-714, a witness compelled by subpoena to attend any branch of the Superior Court other than the criminal division is paid the same fees and travel allowances as a witness compelled to attend the United States District Court for the District of Columbia, and no travel allowance is paid to a witness residing in the District. Subject to Rule 45(c)(3)(A)(ii), Rule 45(b)(2) allows service within the District, outside it within 25 miles of the place specified for the deposition, hearing, trial, production or inspection, or at a place the court authorizes on motion and for good cause if an applicable statute so provides; D.C. Code § 11-942 likewise reaches 25 miles of the place of the hearing or trial. For a United States national or resident in a foreign country, 28 U.S.C. § 1783 governs (Rule 45(b)(3)). Before a subpoena commanding production or inspection before trial is served, a notice and a copy must be served on each party (Rule 45(a)(4)). The clerk issues a subpoena signed but otherwise in blank to a party who requests it, and an attorney authorized to practice in the District may also issue and sign one (Rule 45(a)(3)). Proof, when necessary, is a statement filed with the clerk showing the date and manner of service and the names of the persons served, certified by the server (Rule 45(b)(4)).

The District’s Uniform Interstate Depositions and Discovery Act is D.C. Code §§ 13-441 to 13-449. A “foreign subpoena” is one issued under authority of a court of record of a foreign jurisdiction, meaning a state other than the District of Columbia (§ 13-442). Rule 28-I(a) lets parties seeking interstate discovery proceed under any provision it lists. Under § 13-443(a) and Rule 28-I(b)(1)(A), the party submits the foreign subpoena, with the sworn statement § 13-449 requires (the written affirmation of Rule 28-I(b)(2)(A)), to the Clerk of the Superior Court; the request is not an appearance in the District’s courts. The clerk must promptly issue a subpoena for service on the person to whom the foreign subpoena is directed (Rule 28-I(b)(1)(B)), incorporating its terms and containing or accompanied by the names, addresses and telephone numbers of all counsel of record and of any party not represented by counsel (Rule 28-I(b)(1)(C)). A foreign subpoena without the affirmation will not be accepted for filing (Rule 28-I(b)(2)(B)); if the party and counsel refuse it, § 13-443(d) has the clerk issue the person a copy of the document and a notice of violation of § 13-449 instead of a subpoena. The subpoena is served under § 11-942 and Rule 45 (Rule 28-I(b)(3); § 13-444), and a motion for a protective order or to enforce, quash or modify it is submitted to the Superior Court (Rule 28-I(b)(5)). Separately, § 13-434 lets a District court order service here of a document for a proceeding outside the District, allows such service without a court order, and provides that it does not of itself require recognition or enforcement of an outside order, judgment or decree.