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Frequently Asked Questions (FAQs)

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.

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.)

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. 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.

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. A business that files a claim in the Small Claims Branch must have a lawyer.

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.

Do I need to mark my exhibits?

Yes. Please review the General Order for Civil Cases and individual judges' supplements.

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 look up information about my case?

You may access the electronic record of your court case by visiting the Portal at the following link: https://portal-dc.tylertech.cloud/Portal. Case documents are available for view and download from the Portal. You can also view any future hearing dates.

How do I notify the court of an address change?

You must file a statement (called a "Notice to Court") with the Clerk's Office noting the change in each pending civil case.

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. 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.

How may I evict a tenant who is suspected of selling drugs?

You must use normal landlord and tenant eviction procedures. Let the clerk know that it is a "drug haven" case. This type of case is heard on an expedited basis.

How may I get a money judgment in a Landlord and Tenant case?

A money judgment may be entered: (1) by consent of the parties; (2) on the defendant's confession of liability before the court; (3) by summary judgment in favor of the plaintiff or defendant; (4) at the conclusion of a trial or other hearing, (5) by default if certain requirements are met. See Super. Ct. L&T Rule 14. The court may also enter a money judgment if plaintiff's process server personally served the defendant with the complaint and summons or if defendant has asserted a counterclaim. See Super Ct. L&T Rule 3 and 14. In all cases, a party may be required to comply with certain requirements under the Debt Collection Statute, DC Code 28-3814 in order to obtain a money judgment. Parties seeking a money judgment should contact the Landlord and Tenant Legal Assistance Network or consult with an attorney on the complete requirements to obtain a money judgment in landlord and tenant court.

How may I get monies released from the court registry?

You must file a Disbursement Order Request form with the clerk's office at 5000 Indiana Ave NW, Suite 5000, Washington DC or electronically on eFILEDC. There is no filing fee for this form.

How may I make a late protective order payment (payment made to the court registry) to the court?

Contact the landlord for consent to make a late payment. If the landlord will not agree, file a motion in the Landlord and Tenant Clerk's Office to make a late protective order payment. The cost is $10

How much time do I have to execute or follow through on the money judgment?

If the judgment is unrecorded (that is, not recorded with the DC Recorder of Deeds) you have three years, and if the judgment is recorded, you have twelve years. Ask the clerk in the DC Recorder of Deeds Office about recording the money judgment. The number for the DC Recorder of Deeds (located within the DC Office of Tax and Revenue) is (202) 727-5374. The Recorder's Office is located at 1101 4th St SW, Washington, DC 20024

I cannot afford to pay the court costs and filing fees. Is there a way to waive the fees?

You can file an Application to Proceed without Prepayment of Costs in the Landlord and Tenant Clerk's Office. You will be required to provide information about your income and expenses, and a judge will review the application to see if you qualify.

I have a judgment or a default against my tenant. How do I to evict the tenant?

You must use court process to evict the tenant. To do this, you must wait at least forty-eight hours after entry of a judgment or a default before you return to the Landlord and Tenant Clerk's Office to file a writ of restitution, which orders the eviction of the tenant. If you have a "default," you must turn the "default" into a "judgment" by filing a Servicemembers affidavit with the court certifying that the tenant is not on active duty with the military or other government service. The filing fee for the writ is $213 (clerk's fee is $10, US Marshals Service fee is $195 and the US Marshals Administrative Fee is $8). If you received a judgment (rather than a default), you are not required to file the Servicemembers affidavit.

If I am a tenant, how can I get the landlord to make repairs to my home?

If a landlord fails to make repairs after a tenant notifies the landlord about the need for repairs, the tenant has several options. A tenant may sue their landlord for DC Housing Code violations by filing a complaint and summons with the Civil Actions Branch Clerk's Office, Moultrie Courthouse, Room 5000. Tenants may have other legal options in the District of Columbia Superior Court, such as filing a lawsuit in another branch of the court (such as the Civil Actions Branch or Small Claims) requesting a court order for repairs to be made or seeking damages against the landlord for not making repairs. If the landlord has sued the tenant for unpaid rent in the Landlord and Tenant Court, the tenant may raise these repairs as a defense to the lawsuit by telling the judge about these problems. The tenant could also include repairs in an agreement that settles a Landlord and Tenant lawsuit.

Is there anything I can do to stop my landlord from evicting me after a judgment is entered?

You can ask the court to stop the eviction by filing an Application to Stay Execution of the Writ of Restitution in the Landlord and Tenant Clerk's Office. If the reason the landlord sued you is because you owe rent, you can avoid eviction by paying the landlord all of the rent and court costs that you owe as of the day the you make the payment. (This includes the rent that has come due since the time the landlord filed the lawsuit.) If you bring your account current with the landlord, the landlord cannot evict you unless he or she brings a new lawsuit.

How can I pay my rent until repairs are made?

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.

May I sue the landlord for repairs I made or damage to my personal property?

If you are already involved in a non-payment of rent case in Landlord and Tenant, you can file a counterclaim to collect money from your landlord for part or all of the rent that you paid in the past when the apartment or house was in need of repair. You can also collect money to reimburse you for the costs of repairs that you have personally made to the apartment or house. Other suits for damages for personal injuries or damage to a tenant's personal property must be filed in the Small Claims and Conciliation Branch, 510 4th Street, NW, Building B, Room 120 if the amount is $10,000 or less. Suits for damages more than $10,000 must be filed in the Civil Actions Branch, Room 5000 in the Moultrie Courthouse.

The first time I heard anything about a lawsuit against me was when I received a writ of restitution (eviction notice) in the mail. What can I do?

If you do not believe that you should be evicted, you can come to court immediately and file an Application to Stay Execution of the Writ of Restitution in the Landlord and Tenant Clerk's Office. You may also want to file a motion to ask the court to vacate the judgment so that you can present defenses you have to the case. There is no cost for the application.

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. 73. If you want to appeal an order in a small claims case, you must file an Application for an Allowance of Appeal within three days of the date of the court's decision. If the court's order was mailed , you have eight days to file. (This last section regarding appeal of a small claims decision may belong in its own small claims section, if the CAB, L&T, and Small Claims case types are going to categorized separately.)

What happens at the initial hearing?

All cases are scheduled for an initial hearing at 9:00 a.m. except subrogation cases, which are scheduled for 10:00 a.m. Before entering the courtroom, parties should check the court docket located in the box outside the courtroom to see if their case is scheduled to be heard. Remember, if the proof of service is not filed in the Small Claims Clerk’s Office five business days before the court date, the case will not be on the Court’s calendar or docket for that day. If the case is not on the Court’s docket, the parties should go to the Small Claims Clerk’s Office to find out what happened to the case. If the case is on the Court’s docket, the parties should go sit in the courtroom.At the beginning of each session, the courtroom clerk calls all cases on the calendar to determine if any parties are not there. All parties should answer loudly when their case is called and say if they are a plaintiff, defendant or witness.

What happens if I do not settle my case at the initial scheduling conference?

If your case does not settle, the judge may select a form of alternative dispute resolution (ADR) by which parties may resolve their dispute without going to trial. Learn more about ADR and mediation in general on the DC Court website.

What happens on the court date?

Whether remote or in-person, the judge makes important announcements about what will happen in court and the parties' rights. After these announcements, the courtroom clerk calls roll and parties must answer that they are "present" and state their names. Failure of plaintiff participation may result in a default.

What is a judgment for possession?

A judgment for possession of real property against the defendant gives the plaintiff the right to file a writ of restitution, which is a court document authorizing the eviction of the defendant under the supervision of the United States Marshals Service.

What is a money judgment?

If the landlord sues the tenant for possession because the tenant owes rent, the landlord can also request that the tenant be required to pay the back rent and any other monies due, such as late fees. If the landlord makes this kind of request, he or she is asking for a money judgment.

In civil matters, a money judgment is a final disposition of a lawsuit with a monetary compensation.

What is an initial scheduling conference?

The initial scheduling conference is the first formal hearing before the assigned judge that presents the parties with an opportunity to try and settle their case. Further, if a case does not settle, the case is placed on a track and a number of deadlines are set to complete certain events. Generally held remotely unless otherwise directed by a judge.

What is the current interest rate on judgments?

The interest rate on judgments is six percent (6%) for the calendar quarter beginning July 1, 2024 (DC Code §28-3302(c)). Pursuant to DC Code §28-3302(b), this rate does not apply to judgments against the District of Columbia or its employees acting within the scope of their employment. In such situations, the judgment interest rate is 4%. The new interest rate is for post-judgments only. The pre-judgment interest rate is 6% in the absence of an expressed contract specifying otherwise, pursuant to DC Code §28-3302 (a). Click here to see previous judgment interest rates.

What is the proper procedure to reschedule an event?

You must contact the Quality Review Office (see your notice for appropriate telephone number) and they will advise you of the proper procedure for the specific event or date you wish to reset.

How do I reschedule my hearing?

You may contact the Clerk's Office to determine your next steps in rescheduling your hearing.

What should I do if I cannot meet a payment plan that I agreed to?

You can contact the landlord and ask for an extension of time. If you are not able to work something out with the landlord, you can ask the court to give you more time. However, in most cases a judge will not change the dates that payments are due in a written payment plan, even if you have a very good reason for why you cannot pay on time.

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.

What types of cases are filed in the Civil Clerk's Office and what are the filing fees?

"Civil law suits where the monetary amount exceeds $10,000 and cases where parties are requesting equitable relief (e.g., temporary restraining order or injunctive relief) are filed in the Civil Clerk's Office, Room 5000, in the Moultrie Courthouse.

The filing fee for a new complaint is $120.
Temporary Restraining Order: $160
Petition to Change Name: $60
Petition to Amend Birth Certificate: $60
Merit Personnel Action: $60

All filing fees must be paid by cash, certified check, credit card (America Express, Discover, Visa, or MasterCard) or money order, made payable to: Clerk, D.C. Superior Court." (Only members of the D.C. Bar may pay filing fees by personal check. Bar members should include their bar number on the personal check). These fees are subject to change.

What will happen if the landlord does not agree on the dates when I can pay the rent, when repairs will be made, or other items?

If you cannot reach an agreement with your landlord, you can ask a court-trained mediator to help you work out an agreement. You also have the right to take your case in front of the judge. The judge cannot force the landlord to accept payment dates or other terms that the landlord does not agree to. But, if you have defenses to the landlord's claims, you can ask the court for a trial. However, if you do not have any defenses, the judge may enter a judgment against you. If you are not sure whether you have defenses, you should talk to an attorney in the Landlord and Tenant Legal Assistance Network, Rising for Justice, or another attorney to make sure that you are making the best decision for your case. If you need more time to talk to a lawyer, you can ask the judge for a continuance.

What should I bring to my hearing?

What should I bring to my hearing? You should bring any and all information pertaining to your case and your hearing notice, inlcuding but not limited to, case number, personal identification (if not remote) and any evidence that is appropriate for the hearing. Examples of evidence that relate to your case may include: your lease, rent receipts, other receipts, ledgers, photos, emails, complaints, notices to vacate, notices to vacate or correct, notice to quit, nonpayment of rent notice, or anything else that will explain your side of the case.

Who can sue in Landlord and Tenant Court?

Only landlords or others who want to evict a tenant or another occupant from their property can sue in Landlord and Tenant Court. A person or company seeking to evict a tenant or other occupant can file a Complaint for Possession in the Landlord and Tenant Clerk's Office. If a landlord only wants to sue for rent or other damages (but not possession of the property), the landlord must bring suit in Small Claims or the Civil Actions Branch. Tenants who wish to sue their landlords must bring suit in Small Claims or the Civil Actions Branch. Tenants with certain kinds of claims against their landlords can also file petitions and request a hearing in the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs (202-442-4610).

Who must attend the scheduling conference?

All counsel and unrepresented parties must attend the initial scheduling conference.

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. The legal or statutory interest rate is available in the Small Claims Clerk’s Office (Court Building B, Room 120) and on the internet at http://www.dccourts.gov/dccourts/superior/civil/index.jsp. Judgments against the District of Columbia or its employees or officers can not include an interest rate of more than 4% per year. If the action is based on a contract, the judgment interest rate is the rate stated in the contract, from the date it was due and payable, until paid.

What can I do if my tenant misses a protective order payment?

You can file a motion with the court asking the court to enter sanctions against the tenant. The cost for the motion is $10.

What happens at the initial hearing?

All cases are scheduled for an initial hearing at 9:00 a.m. except subrogation cases, which are scheduled for 10:00 a.m. Before entering the courtroom, parties should check the court docket located in the box outside the courtroom to see if their case is scheduled to be heard. Remember, if the proof of service is not filed in the Small Claims Clerk’s Office five business days before the court date, the case will not be on the Court’s calendar or docket for that day. If the case is not on the Court’s docket, the parties should go to the Small Claims Clerk’s Office to find out what happened to the case. If the case is on the Court’s docket, the parties should go sit in the courtroom.At the beginning of each session, the courtroom clerk calls all cases on the calendar to determine if any parties are not there. All parties should answer loudly when their case is called and say if they are a plaintiff, defendant or witness.

How do I log into my remote hearing?

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 #.

Why do I have to redact personal identifying information?

The Superior Court adopted a privacy rule, Super. Ct. R. 5.2, requiring that the filer redact or remove from the public record the following information: taxpayer-identification number, driver’s license or non-driver’s license identification card number, and birth date; the name of an individual known to be a minor; and a financial-account number.

How do I collect my money judgment?

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.