Superior Court Of The District Of Columbia Civil Division
Superior Court of the District of ColumbiaCivil DivisionHANDBOOK FOR PEOPLEWHO REPRESENT THEMSELVESIN CIVIL CASESMoultrie CourthouseRoom 5000500 Indiana Avenue, N.W.Washington, DC 20001Phone: (202) 879-1133Fax: (202) 879-8335
ACKNOWLEDGEMENTSThis handbook was established in December 2013, by the judges in theCivil Division of the Superior Court of the District of Columbia, with the goal ofdeveloping a document to guide pro se litigants in handling cases before thecourt. The judges involved in the preparation of this document were as follows:Judge Judith BartnoffJudge Laura CorderoJudge Anthony EpsteinJudge Brian HolemanJudge Craig IscoeJudge Anita Josey-HerringJudge Neal KravitzJudge Judith MacalusoJudge Thomas MotleyJudge John MottJudge Michael O’KeefeJudge Robert OkunJudge Michael RankinJudge Maurice RossJudge Frederick WeisbergJudge Melvin WrightSpecial thanks to Judge Epstein who served as chair of this project and toChief Judge Satterfield who coordinated and approved its distribution to thepublic.Judge Melvin R. WrightPresiding Judge, Civil Division
TABLE OF CONTENTSGeneral QuestionsWHY SHOULD I READ THIS HANDBOOK? . 1DO I NEED A LAWYER TO REPRESENT ME? . 1CAN THE COURT APPOINT A LAWYER TO REPRESENT ME? . 1WHAT ARE MY RESPONSIBILITIES IF I REPRESENT MYSELF?. 1WHAT ARE THE DC SUPERIOR COURT RULES OF CIVIL PROCEDURE? . 2HOW SHOULD I BEHAVE IN COURT? . 2WHAT SHOULD I WEAR TO COURT? . 2Getting AnswersWHERE CAN I GO TO GET MORE INFORMATION ABOUT HOW TOHANDLE MY CASE? . 2CAN I CALL OR WRITE THE JUDGE IF I DON’T KNOW WHAT TO DO? . 3HOW DO I GET INFORMATION ABOUT WHAT IS HAPPENING IN MYCASE? . 3Filing DocumentsHOW DO I FILE DOCUMENTS? . 3WHEN CAN I FILE DOCUMENTS AT THE CLERK’S OFFICE? . 3WHAT CAN I DO IF I CANNOT AFFORD THE FEES TO FILEDOCUMENTS?. . 3Starting a CaseHOW DO I SUE SOMEONE? . 4WHEN SHOULD I SUE IN SMALL CLAIMS BRANCH? . 4WHAT IS THE LANDLORD AND TENANT BRANCH? . 4WHAT DO I HAVE TO DO TO FILE A COMPLAINT? . 5WHAT HAPPENS IF I NEED TO FIX SOMETHING IN MY COMPLAINT? . 5WHAT DO I DO TO GET A JURY TRIAL? . 6WHAT IS A SUMMONS? . 6WHAT IS THE CASE INFORMATION FORM?. 6WHAT IS THE CASE NUMBER?. 6ii
HOW DOES MY CASE GET ASSIGNED TO A PARTICULAR JUDGE? . 6WHAT IS AN INITIAL ORDER? . 6HOW MUCH DOES IT COST TO FILE A NEW CASE? . 7Serving the ComplaintHOW DO I SERVE THE COMPLAINT ON THE DEFENDANT? . 7ARE THERE SPECIAL RULES FOR SERVING CERTAIN TYPES OFDEFENDANTS?. 8WHAT DO I DO IF I NEED MORE TIME TO SERVE THE COMPLAINT? . 9WHAT SHOULD I DO AFTER I SERVE THE DEFENDANT(S)?. 9WHAT HAPPENS IF I DO NOT SERVE THE DEFENDANT(S)? . 9Answering the ComplaintWHAT DOES THE DEFENDANT HAVE TO DO AFTER BEING SERVED? . 9WHAT HAPPENS IF THE DEFENDANT FAILS TO ANSWER ON TIME? . 9WHAT DOES THE PLAINTIFF DO IF A DEFENDANT DEFAULTS? . 10MotionsWHAT DO I DO TO FILE A MOTION? . 10HOW DO I SERVE A MOTION? . 11WHAT DO I DO TO OPPOSE A MOTION? . 11WHAT IF I NEED MORE TIME TO FILE OR OPPOSE A MOTION? . 12WHAT IS AN AFFIDAVIT? . 12DiscoveryWHAT IS DISCOVERY? . 13SHOULD I FILE DISCOVERY RESPONSES WITH THE COURT? . 14WHAT HAPPENS IF ONE PARTY THINKS ANOTHER PARTY’SDISCOVERY REQUESTS ARE UNREASONABLE? . 144WHAT IS A PROTECTIVE ORDER? . 14WHAT CAN I DO IF I NEED EVIDENCE FROM SOMEONE WHO IS NOTA PARTY TO THE CASE? . 14WHAT ARE EXPERT WITNESSES?. 14iii
Before the TrialWHEN IS THE FIRST HEARING BEFORE THE JUDGE? . 15WHAT IF I NEED THE JUDGE TO DO SOMETHING ABOUT ANEMERGENCY BEFORE THE TRIAL? . 15CAN A DEFENDANT ASK THE JUDGE TO DISMISS THE CASE AT THEBEGINNING? . 16WHAT CAN A PARTY DO IF THE OTHER SIDE CANNOT WIN AT TRIAL? . 16WHAT IS ALTERNATIVE DISPUTE RESOLUTION OR “ADR”?. 16WHAT IS THE PRETRIAL CONFERENCE? . 17The TrialWHAT HAPPENS AT THE TRIAL? . 18HOW DOES THE JURY GET PICKED? . 18WHAT ARE THE RULES OF EVIDENCE IN DC SUPERIOR COURT?. 18WHAT SHOULD I DO TO PREPARE FOR TRIAL? . 19After the TrialHOW DO I COLLECT MONEY THE LOSING PARTY IS SUPPOSED TOPAY?. 19WHAT CAN I DO IF I LOSE AT TRIAL? . 20iv
GENERAL QUESTIONSWHY SHOULD I READ THIS HANDBOOK?This handbook provides basic information about what happens in civil cases inthe DC Superior Court. It explains some of your basic rights and responsibilities if yourepresent yourself in a civil case – either as a plaintiff or as a defendant.For additional information, please go to the Civil Division’s webpage:www.dccourts.gov/internet/superior/org civil/main.jsf. The Civil Actions Branch live chatfeature is available at www.dccourts.gov/internet/public/aud civil/civilchat.jsf, Mondaythrough Friday from 8:30 a.m. – 4:30 p.m.DO I NEED A LAWYER TO REPRESENT ME?An individual does not have to have a lawyer, but a corporation has to have alawyer represent it in court. Almost everyone is better off with a lawyer. A lawyer canadvise you about what your rights are and how the court system works. A lawyer canhelp you understand the court’s rules and procedures, which are often hard for a nonlawyer to understand and follow.If you cannot afford to hire a lawyer, you may be able to find one willing torepresent you for free in the list at the end of this booklet or if you visit the DC Bar’swebsite, www.lawhelp.org/dc.CAN THE COURT APPOINT A LAWYER TO REPRESENT ME?No. The court cannot appoint lawyers to represent people who cannot afford alawyer in civil cases. Although the court can provide information about finding a lawyer,it is up to you to find a lawyer willing to represent you.WHAT ARE MY RESPONSIBILITIES IF I REPRESENT MYSELF?In general, the same rules apply to parties who do not have lawyers as to partieswho do have lawyers. The court expects self-represented parties to make themselvesfamiliar with the court’s rules, and self-represented parties must comply with the rules ofthis court.Self-represented plaintiffs who do not comply with the court’s rules andprocedures may have their case dismissed or suffer other negative consequences. Selfrepresented defendants who do not comply with the court’s rules and procedures mayhave a judgment entered against them or suffer other negative consequences.Judges cannot give self-represented litigants an unfair advantage, and theycannot favor one side or the other. However, judges may make reasonableaccommodations to help litigants who are not represented by counsel to understand howthe court works and what the rules are. For example, a judge may provide briefinformation about the proceeding and about rules of evidence, or a judge may explainthe basis of his or her ruling without using legal jargon.
WHAT ARE THE DC SUPERIOR COURT RULES OF CIVIL PROCEDURE?The Rules of Civil Procedure are a detailed set of rules governing civil casesfrom start to finish. This handbook only summarizes some parts of the Civil Rules thatare most important or that come up more frequently.A copy of the DC Superior Court’s Rules of Civil Procedure is available online at:www.dccourts.gov/civilrules.HOW SHOULD I BEHAVE IN COURT?In order to make a good impression when you are in front of a judge or jury,follow these simple rules:Arrive on timeAct respectfully to the judge and the other partyWait your turn to speakSpeak to the judgeDo not argue with the other party in front of the judgeDon’t interrupt the judge or another party when they are speaking – you willget your chanceListen to the judge’s questions and do your best to answer themTurn off your cell phoneDon’t eat, drink, or chew gum in the courtroomTry to make arrangements so you don’t have to bring your children into the courtroom.The court has a child care center in Room C-185 on the lower level of the MoultrieCourthouse for children aged 2 to 12. You may call (202) 879-1684.WHAT SHOULD I WEAR TO COURT?There is no formal dress code for court appearances, but you want the judge andjury to see that you take the case seriously and that you respect them. Wear clothesthat you would wear to an important occasion – like a job interview.GETTING ANSWERSWHERE CAN I GO TO GET MORE INFORMATION ABOUT HOW TO HANDLE MYCASE?The Consumer Law Resource Center provides information about debt collection,home improvement, security deposit, used car or car repair, and other consumer-relateddisputes on Wednesday and Thursday mornings from 9:15 until noon. This Center islocated in Room 102 in Court Building B, 510 4th Street, N.W. You can also getinformation about debt collection cases on Friday mornings next door to the Civil ActionsBranch Clerk’s Office on the fifth floor of the Moultrie Courthouse.Public libraries have some information about the law. They can also provideaccess to the Internet, where you can find more information.2
CAN I CALL OR WRITE THE JUDGE IF I DON’T KNOW WHAT TO DO?No. Court rules prohibit anyone, lawyers and non-lawyers, from calling or writinga judge or the judge’s staff for assistance or guidance. Court rules also prohibit courtemployees from giving legal advice to anyone. That rule applies to employees in theCivil Actions Branch Clerk’s Office and to the staff of individual judges. It also applies topeople who work at the information booth on the first floor of the courthouse.If you want the judge to do something, you must file a written motion and providea copy to the other side. The procedures for filing a motion are explained later in thishandbook.The rules also strictly prohibit judges and their staff from discussing a case withonly one side – communications that are sometimes called ex parte communications.HOW DO I GET INFORMATION ABOUT WHAT IS HAPPENING IN MY CASE?You can get information online about what documents and orders have been filedin individual cases. Visit court cases online at: www.dccourts.gov/CCO.You can also come to the Civil Actions Branch Clerk’s Office in Room 5000 at500 Indiana Avenue, N.W.FILING DOCUMENTSHOW DO I FILE DOCUMENTS?“Filing” means that you bring two documents to the Civil Actions Branch Clerk’sOffice: (1) the original document; and (2) a copy marked “Chambers Copy.” The CivilActions Branch Clerk’s Office is located in Room 5000, Moultrie Courthouse at 500Indiana Avenue, N.W.Although lawyers are required to file and serve documents electronically, selfrepresented litigants are not. However, the court encourages self-represented litigantsto file electronically if they can. See instructions for efiling services throughFile&ServeXpress at www.dccourts.gov/efiling.WHEN CAN I FILE DOCUMENTS AT THE CLERK’S OFFICE?You can file documents in Room 5000, Moultrie Courthouse, Monday throughFriday from 8:30 a.m. to 5:00 p.m., from 9:00 a.m. to 12 noon on Saturdays.In addition, you can file them at any time in the deposit box provided for civilfilings on the first floor in the lobby of the Moultrie Courthouse. It is advisable to checkthe following business day to determine if your documents have arrived in the CivilActions Branch Clerk’s Office by calling (202) 879-1133 or (202) 879-1134.WHAT CAN I DO IF I CANNOT AFFORD THE FEES TO FILE DOCUMENTS?The court will allow you to file a complaint, motions, and other documents withoutpaying the fees if you show that you cannot pay the fees without substantial hardship to3
you or your family. To get a waiver of these fees, you must submit an affidavit ordeclaration such as that in Civil Actions Form 106A. See Civil Rule 54-II. You mayqualify for a waiver even if you are at or above the federal poverty guideline. If you showthat you receive Temporary Assistance for Needy Families (TANF), General Assistancefor Children (GAC), Program on Work, Employment and Responsibility (POWER), orSupplemental Security Income (SSI), you can get a waiver without providing additionalinformation. Otherwise, you may have to provide information about your income andyour assets and expenses.If you want to file a complaint without paying the filing fee, report to the CivilActions Branch to complete the form. The form is sent to the Judge in Chambers for adecision. If you want a waiver of fees after you have filed, you have to get the waiverfrom the judge assigned to your caseSTARTING A CASEHOW DO I SUE SOMEONE?You have to prepare a document called a complaint and file it with the court. Theperson who files the case is called the "plaintiff." The person who the plaintiff sues iscalled the "defendant."In the complaint, you have to explain what you think the person you are suing didwrong, and what you want the court to do about it. The complaint must contain a shortand plain statement of the claim showing that you are entitled to money or some actionby the defendant. You do not have to include detailed factual information, but it is notenough for you to say only that the defendant unlawfully harmed you.If you want more than 5,000 from the defendant, you must file your complaint inRoom 5000 of the Moultrie Courthouse. That is also where you file cases seekingequitable relief, meaning that you want the court to order someone to do something(other than pay money) or not to do something.WHEN SHOULD I SUE IN THE SMALL CLAIMS BRANCH?If your claim is for 5,000 or less and you are not asking for anything from thedefendant except money, you must file your case in the Small Claims and ConciliationBranch, located at 510 4th Street, N.W., Court Building B, Room 120. There aredifferent rules and procedures for small claims cases.There is a handbook for small claims cases, which is available aimsHandbook.pdf. If you want additionalinformation about filing fees or other matters in Small Claims, you may call (202) 8791120 or see Civil Rule 202.WHAT IS THE LANDLORD AND TENANT BRANCH?The Landlord and Tenant Branch generally handles cases in which landlords aretrying to evict tenants. Simplified rules apply in these cases, which are put on a fastertrack than other civil cases. If you want more information, you can go to the Landlordand Tenant Clerk’s Office in Room 110 in Court Building B at 510 Fourth Street, N.W. –4
or to the Landlord and Tenant Resource Center in Room 115 between 9 a.m. and noon,Monday through Friday.WHAT DO I HAVE TO DO TO FILE A COMPLAINT?You must file four documents and pay the filing fee, unless you get permissionnot to pay the fee because you cannot afford to do so.The four documents you have to file are:(1)an original complaint that includes your name and address and the nameand address of each defendant;(2)one copy of the original complaint for each defendant;(3)a summons form for each named defendant in the complaint; and(4)a Civil Case Information Sheet.The complaint and subsequent papers must be on white paper, size 8-1/2” x 11.”Here is an example of what the top of the first page should look like:SUPERIOR COURT OF THE DISTRICT OF COLUMBIACivil Division[Name and address of plaintiff(s)],Plaintiff(s),v.[Name and address of defendant(s)],Defendant(s).:::::::COMPLAINTIf you do not have a lawyer, you must sign the complaint and include youraddress and telephone number. Your signature indicates that to the best of yourknowledge, everything in the complaint is true and you are not filing your complaint toharass the other party. If a judge finds that you violated this oath, the judge may imposemonetary or other penalties. See Civil Rule 11.WHAT HAPPENS IF I NEED TO FIX SOMETHING IN MY COMPLAINT?If you realize that you need to include additional information in your complaint,you have the right to change it once without getting permission from the judge, as longas you do it before the defendant serves you with his answer or motion to dismiss.Otherwise, you need to file a motion asking the judge to allow you to amend yourcomplaint. See Civil Rule 15.5
WHAT DO I DO TO GET A JURY TRIAL?You will not get a jury trial unless you ask for it. If you are the plaintiff, youshould include a demand for a jury trial in your complaint. Other parties must file a jurydemand not later than 10 days after the service of the last document filed directed to theissue that the party wants a jury to decide. See Civil Rule 38.WHAT IS A SUMMONS?A summons is the paper that gives formal notice to each defendant telling him orher to appear in court to answer the complaint. The summons tells the defendant thathe or she must submit a written answer to the complaint within a specified time.When you file a complaint, you must complete a summons for each defendant inthe case. The Civil Actions Branch Clerk’s Office provides a blank summons to the filingparty. You must complete the summons, including the name and address of eachdefendant. In addition, you must print your name, address and telephone number in thelower left corner of the summons.WHAT IS THE CASE INFORMATION FORM?The clerk at the window provides a Case Information Form for the filing party tocomplete and file with the complaint. The Case Information Form lists the differentcategories of civil cases – for example, breach of contract, personal injury. You shouldcheck the category that describes the type of case you are filing.WHAT IS THE CASE NUMBER?When the clerk accepts a complaint for filing, the clerk assigns a Civil ActionNumber to the new case and stamps that number on the complaint and the summons.You need to have the case number for any future filings in the case or if you wantto get information about the case.HOW DOES MY CASE GET ASSIGNED TO A PARTICU
WHAT ARE THE DC SUPERIOR COURT RULES OF CIVIL PROCEDURE? The Rules of Civil Procedure are a detailed set of rules governing civil cases from start to finish. This handbook only summarizes some parts of the Civil Rules that are most important or that come up more frequently.
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