All parties can bring witnesses (people who have first-hand knowledge of the case) to court to testify under oath at the hearing. If a witness will not agree to appear in court, the Court can issue a subpoena ordering the person to show up in court or give the Court documents that support the case. The subpoena must be served on the witness by a process server. The process server does not have to be approved by the Small Claims Clerk’s Office but must be over the age of 18 and cannot be a party to the case. The subpoena can be served in the District of Columbia or within 25 miles of the Court. All parties should bring to court, documents (contracts, receipts, promissory notes, letters, canceled checks, pictures or other written material) or other proof that relate to the case and all court documents filed in the Small Claims Clerk’s Office. A subpoena can also be issued to order a person to bring documents to court. There is no filing fee to issue a subpoena to a witness or to request documents. The subpoena should be issued well before the hearing date so there is time to serve it. Proof of service of the subpoena should be filed in the Small Claims Clerk’s Office, noting the manner of service, name of the person served and signed by the person who made the service, five business days before the court date. The proof of service is on the back of the subpoena form.
Any party can make a request to have their case heard by a jury either initially when filing your new complaint or via a Motion no later than 14 days after the service of the last document that raised the issue you want a jury to decide. You can file at the Clerk’s Office, electronically or by mail.
As to right to jury trial and jury demand in cases filed in the Civil Actions Branch, a party may demand a jury trial by serving the other parties with a written demand no later than 14 days after the last pleading regarding the issue is served and filing the demand based on Super. Ct. Civ. R. 5 (d). See Super. Ct. Civ.. R. 38. (See Super. Ct. Sm. Cl. R. 6 regarding jury demand in small claims cases.)
The Small Claims Branch is less formal than other branches of the Court. The procedures are simple and costs kept low so that most people do not need a lawyer to represent them in their small claims case. You must be 18 years old to file a case. Someone who is under the age of 18 or an incompetent person can only sue through a "representative or next of friend". An “incompetent person” is someone who a judge believes cannot make legal decisions for him or herself. A “representative or next of friend” is a person acting for the minor child or incompetent person. A business that files a claim in the Small Claims Branch must have a lawyer.
In landlord and tenant cases, defendants are not required to file an answer, plea, or other defense(s) in writing.
In most small claims cases, defendants are not required to file an answer, plea, or other defense(s) in writing. Instead, defendants can just tell the judge why they disagree that they owe some or all of the money the plaintiff is suing for when they are in court.
Yes. Please review the General Order for Civil Cases and individual judges' supplements.
If your landlord has sued you in Landlord and Tenant Court, you can ask the court to allow you to pay your rent into the registry of the court until the case is over. Either party may request a protective order. If the protective order is not entered by consent of both parties, the court will determine the amount of money that should be paid each month, which usually is the amount of the monthly rent. A defendant may request that the court reduce the amount of the protective order based on housing code violations. If a defendant makes this request, the court may continue the case for the parties to present evidence at a hearing called a Bell Hearing.
"Service of process" is how each defendant is given a copy of the statement of claim and supporting documents. You must serve most Small Claims Branch statement of claims upon the defendant(s) within sixty (60) days of filing the original statement of claim. In collection and subrogation cases only, you have 180 days to serve the defendant(s).
The Superior Court does not collect or pay the judgment award to the winning party. The winning party must collect the money judgment that was ordered by the judge. Legal action to collect a money judgment cannot be done until ten business days after the clerk dockets or enters the judgment on its official record. If the losing party does not pay the winning party, the winning party may submit writ of attachment on a judgment. A writ of attachment is a form issued by the Court that allows the winning party to get monies from the losing party's wages and/or bank account and other property owed to the winning party. Only one writ of attachment may be issued against a person's wages at a time. You must may get a writ of attachment in the Small Claims Clerk’s Office.
A party can ask the judge to make a ruling or order something to be done by filing a written motion or making an oral motion in court during the trial or hearing. Usually, one side files a motion, the other side files a written response, and the court holds a hearing, where the parties give brief oral arguments. If a motion is based upon facts that are not clear to the judge from the documents previously filed by the parties, it must be in writing and filed with an affidavit or sworn testimony of the person filing the motion, his agent, or some other competent person. The motion must state the full facts upon which it is based. All motions and related papers must be on 8-1/2 x 11-inch white paper and signed by the filing party with his or her address and telephone number. See SCR-Civ. 10-I. A motion form can be obtained from the Small Claims Clerk’s Office or on the internet at http://www.dccourts.gov/dccourts/superior/civil/forms.jsp. If you do not use the motion form provided by the Small Claims Clerk’s Office, the motion must contain a case caption at the top of the paper and the statement, “THIS MOTION HAS BEEN SET FOR HEARING IN SMALL CLAIMS May 2011 13 COURT ON ____________ [date] AT ____________ [time].” The clerk will insert the date and time of the motion hearing at the bottom of the motion. The Small Claims Clerk’s Office will send notice of motions filed by any party who does not have a lawyer to the opposing party by regular mail. If a party has a lawyer, the lawyer must serve the motion on the opposing party and file an affidavit of service with the Small Claims Clerk’s Office pursuant to SCR-Civ. 5. The filing fee for motions is $10.00, except a motion to reinstate after dismissal under Rule 41-I, which is $25.00, unless the fee is waived by the judge. Parties may pay filing fees by cash, money order, or cashiers check. Lawyers who are members of the DC Bar and approved special process servers may pay filing fees by personal check. If you cannot afford to pay the filing fees, you can file a Motion to Proceed without Prepayment of Costs, Fees, or Security. The judge will decide if you will be allowed to file without paying the filing fees.
Before your hearing, the court will send instructions explaining how you can participate remotely. You can participate in one of three ways: Option 1: Laptop or Desktop Computer. Click on the WebEx direct link provided by the court. This link takes you to the page to join the remote hearing. If you have trouble with the link, you may also go to https://dccourts.webex.com and type the Meeting ID the court sent you. You may also open your internet browser and copy and paste or type the link provided by the court. After you open WebEx, click on "Join Meeting." Option 2: Smartphone, Tablet, or iPad. Download the WebEx App called “Cisco WebEx Meetings.” Enter the meeting number or link provided by the court. Type your name and email address and click “join.” Option 3: Telephone. Call (202) 860-2110 or the toll-free number (844) 992-4726. Wait a moment, then enter the WebEx Meeting ID provided by the court and press #. Then press # again to enter the hearing. Many people may find phone participation less effective than video participation. Get more information about remote hearings at https://www.dccourts.gov/sites/default/files/DC-Superior-Court-RemoteCourt-Participants-WebEx-Instructions.pdf