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Small Claims FAQs

Can I bring witnesses to my Small Claims hearing?

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.

Can my case be heard by a jury?

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.

Do I need a lawyer to help me with my small claims case?

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.

Do I need to file an answer?

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.

How can I serve the statement of claim on the defendant(s)?

"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).

How do I file a motion in Small Claims?

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.

What can I do if I lose?

The response there states: If you lost the case, you can appeal to the Court of Appeals. To start the appeal, you must file a Notice of Appeal within 30 days after the docketing date of the judgment order. The form can be found on the court's website. If you lost the case and the judgment was issued by a magistrate judge, you must file a motion for review in the Civil Division - not in the D.C. Court of Appeals. The motion for review must be filed within 14 days after entry of the magistrate judge's decision. See Super. Ct. Civ. R.

What should I do if the case settles before the court date?

If the parties reach an agreement or settlement out of court prior to the court date, the plaintiff must file a Notice to Court (an official form used to request the clerk or court to perform an act) asking the Court to dismiss the complaint and mark the case as settled. If the defendant has filed a counterclaim or other action, the defendant must also file a Notice to Court to dismiss his or her claim and mark the case as settled. The parties may also file their settlement agreement with the Court. Notice to Court forms are available at the Clerk's office or on the DC Courts website.

Will my court costs and interest be included in my judgment?

The judge decides if one party must pay the costs of the lawsuit for the other party. Your judgment can include fees paid to the Marshal and the Court. Your judgment will not include fees paid to the special process server to serve the defendant. See SCR-SC 15(a). Certain judgments include payment of interest on the amount owed. See DC Code § 15-109. The judgment interest rate is the legal or statutory rate of interest, unless the claim is based on a contract that states another rate.