Super. Ct. Civ.R. 40-III

As amended through October 11, 2024

Rule 40-III - Collection and Subrogation Cases

(a) APPLICABILITY. This rule applies to a civil action in which the complaint seeks:

(1) collection of a liquidated debt involving:

(A) a credit card or credit account;

(B) a medical bill; or

(C) a loan or other financial obligation that a commercial entity seeks to collect or enforce; or

(2) recovery as a subrogee-insurer.

(b) PARTICULAR PLEADING REQUIREMENTS.

(1)Original Creditor. If the plaintiff files a complaint identified in Rule 40 -III(a)(1) and is not the original creditor, the complaint must include:

(A) the identity of the original creditor; and

(B) a statement that the plaintiff is the successor in interest.

(2)Credit Card or Account. If the plaintiff files a complaint identified in Rule 40 -III(a)(1)(A), the plaintiff must attach an account statement to the complaint, and the complaint must inform the defendant that an account statement is attached.

(3)Prejudgment Interest.

(A) In General. If the plaintiff's claim includes a claim for prejudgment interest, the complaint must include:

(i) the prejudgment interest rate;

(ii) the date from which the interest has run;

(iii) the total dollar amount of prejudgment interest already accrued as of a date specified by the plaintiff and not more than 30 days prior to the filing of the action; and

(iv) if applicable, a statement that the amount of prejudgment interest is only good through the stated date and that the amount will increase after that date as interest continues to accrue.

(B) Closed or Charged-Off Account. In actions based on accounts described in Rule 40 -III(a)(1) that have been closed or charged off, the term "prejudgment interest" refers only to interest added or charged to the account after the account closing or charge-off.

(4)Consumer Debt. In an action initiated by a debt collector to collect consumer debt as defined in D.C. Code § 28-3814, the plaintiff must include any information required by D.C. Code § 28-3814.

(c) EXTENSION OF TIME FOR SERVICE OF PROCESS. Notwithstanding the provisions of Rule 6(b), the time allowed for service of process of complaints covered by this rule will not be extended unless a motion for extension of time is filed within 180 days after the filing of the complaint. The motion must set forth in detail the efforts which have been made, and will be made in the future, to obtain service. An extended period for service will be granted only if exceptional circumstances, detailed in the motion, demonstrate that additional time is required in order to prevent manifest injustice.

(d) PLAINTIFF'S CONSENT TO MAGISTRATE JUDGE CALENDAR. Upon filing any complaint covered by this rule, plaintiff may file a written consent to have the complaint assigned to a magistrate judge calendar. If such consent is filed, the magistrate judge may rule on any motion, and take any other judicial action (including conducting ex parte proof of damage hearings), as to any defendant who has not answered or otherwise responded to the complaint.

(e) INITIAL SCHEDULING CONFERENCE. As soon as practicable after the filing of any defendant's response to a complaint covered by this rule, the court must notify the parties to appear for an initial scheduling conference. If all appearing parties so consent, the case, including all claims, may be assigned to the magistrate judge calendar. If the parties have consented, the magistrate judge will ascertain the status of the case, rule on any pending motions, explore the possibilities for early resolution through settlement or alternative dispute resolution techniques, and determine a reasonable time frame for bringing the case to conclusion. After consulting with the attorneys for the parties and with any unrepresented parties, the magistrate judge will schedule future events in the case.

(f) WITHDRAWAL OF CONSENT TO MAGISTRATE JUDGE CALENDAR. If a party has consented to the assignment of the case to the magistrate judge calendar, such consent may be withdrawn only for good cause upon leave of the Presiding Judge of the Civil Division or that judge's designee.

(g) COPIES OF PAPERS TO MAGISTRATE JUDGE.

(1)Motions. When a party files, by non-electronic means, a motion or paper relating to a motion (i.e., an opposition to a motion, memorandum of points and authorities, related exhibits, or a proposed order) in a case assigned to the magistrate judge calendar, the party must deliver a copy to the magistrate judge as follows:

(A) if the motion or paper is filed in person at the clerk's office, the party, on the date the original is filed, must hand-deliver a copy addressed to the magistrate judge to the court mail depository; or

(B) if the motion or paper is mailed, the party, on the date the original is mailed, must mail a copy to the magistrate judge.

(2)Other Pleadings and Papers. No other pleading or paper should be delivered to the magistrate judge unless so ordered.

(h) ASSIGNMENT TO A JUDGE'S CALENDAR. In any case covered by Rule 40 -III(a), if the plaintiff does not file a consent as provided in Rule 40 -III(d), the case must be assigned to a judge's individual calendar pursuant to Rule 40 -I. A complaint covered by this rule must also be promptly assigned to a judge's individual calendar in accordance with Rule 40 -I if any party makes a jury demand.

Super. Ct. Civ.R. 40-III

Amended by Order dated January 12, 2022, effective 2/11/2022.

COMMENT TO 2022 AMENDMENTS

This rule has been amended to highlight the new pleading requirements included in emergency, temporary, and permanent legislation amending D.C. Code § 28-3814.

COMMENT TO 2021 AMENDMENTS

Section (a) was amended to more clearly define which cases are covered by this rule. As used in this rule, "charge off' means the act of a creditor that treats an account receivable or other debt as a loss or expense because payment is unlikely.

Former sections (d) and (f) concerning magistrate judges were deleted because Rule 73 addresses consent and withdrawal of consent.

Former section (e) was deleted as unnecessary in light of the 2021 amendments to Rule 16, which clarify that the only provisions of Rule 16 that do not apply to cases to which Rule 40 -III applies are the provisions of Rule 16(b)(2) concerning praecipes in lieu of appearance. Under Rule 16, a magistrate judge handling a collection or subrogation case will ascertain the status of the case at the outset and exercise the discretion granted by Rule 16 to enter a scheduling order appropriate to the specific case.

Former section (g) was deleted because other rules address the provisions of copies of papers to judges.

COMMENT TO 2017 AMENDMENTS

Stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure.