D.C. Mun. Regs. tit. 6, r. 6-A2003

Current through Register 71, No. 45, November 7, 2024

Rule 6-A2003 - PERSONAL AND SUBSTITUTE SERVICE OF PROCESS

2003.1

Notwithstanding the notification provisions of this section, a party or his or her attorney (if the party is represented) may choose to effect personal service of process upon a member.

2003.2

A member may appoint the head of the bureau to which the member is assigned to accept service of process on his or her behalf.

2003.3

A person seeking to serve a subpoena or summons and complaint upon a member of the Department in connection with a legal matter arising out of the performance of his or her official duties may inquire at the bureau to which the member is assigned, whether the member has appointed the Bureau Head thereof to accept service on his or her behalf.

2003.4

If a member has appointed the head of the bureau to which he or she is assigned to accept service on his or her behalf, a person seeking to serve the member shall present to the Bureau Head:

(a) The subpoena or summons and complaint; and

(b) Written certification from the party or his or her attorney (if the party is represented) that the subpoena or summons and complaint arise out of a legal matter concerning the member's performance of his or her official duties.

2003.5

The written certification shall include the following:

(a) The name of the case;

(b) The case number;

(c) The name of the member listed on the subpoena or summons and complaint;

(d) A statement that the subpoena or summons and complaint arises out of the member's performance of his or her official duties; and

(e) The signature of the party or his or her attorney (if the party is represented) listed on the subpoena.

2003.6

If a written certification does not accompany a subpoena or summons and complaint, the Bureau Head shall reject the subpoena or summons and complaint.

2003.7

For purposes of identifying the proper member, the subpoena or summons and complaint must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

2003.8

If the member cannot be identified based upon the information provided in the subpoena or summons and complaint, the Bureau Head shall reject the subpoena or summons and complaint.

2003.9

If a subpoena requires a member to appear or otherwise act in an expedited fashion (less than seven (7) calendar days), the attorney or party issuing the subpoena must include within his or her request:

(a) An explanation for the expedited request;

(b) Verification that the issuing attorney or party has contacted the member and the member has agreed to appear for the subpoena; and

(c) The signature of the party or his or her attorney (if the party is represented) issuing the subpoena.

2003.10

If a subpoena requiring a member to appear or act in less than seven (7) calendar days is not accompanied by the requisite explanation and verification from the issuing attorney or party, the Bureau Head shall reject the subpoena.

2003.11

If all prerequisites are met, the Bureau Head shall accept service of the subpoena or summons and complaint on behalf of the member and service on the member shall be deemed complete.

2003.12

If a member has not appointed a Bureau Head to accept service of process on his or her behalf, the member shall make himself or herself available for service of process when physically at his or her unit and shall not attempt to evade service.

2003.13

If a member fails to make himself or herself available for service when physically at his or her unit or otherwise attempts to evade service, he or she may be subject to discipline.

D.C. Mun. Regs. tit. 6, r. 6-A2003

Source: Emergency and Proposed Rulemaking published at 58 DCR 5210, 5214 (June 17, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8772, 8776 (October 14, 2011)

Notice of Final Rulemaking published at 58 DCR 8772 (October 14, 2011) repealed the pre-existing chapter 20 (Service of Process), which was created by final rulemaking on September 7, 2007, at 54 DCR 8816, and created a new chapter 20 (Service of Process).

Authority: The Chief of Police, pursuant to the authority set forth in § 101 of the Metropolitan Police Department Amendment Act of 2006 (the Act), effective March 6, 2007 (D.C. Law 16-223; 53 DCR 10221(December 29, 2006)).