Sup. Ct. R. D.C. 4
COMMENT TO 2024 AMENDMENTS
Section (a) has been amended to delete the citation to the D.C. Code year consistent with the general restyling of the Superior Court Rules and the Court of Appeals current Citation and Style Guide.
COMMENT TO 2023 AMENDMENTS
New subsection (b)(2) has been added in response to the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022, § 2(b), D.C. Law No. 24-115 (May 18, 2022), D.C. Code § 16-1502(b)(2) (2022). Subsection (b)(3) (former subsection (b)(2)) has been amended consistent with the act's requirement of service of the complaint at least 30 days before the initial hearing. The remaining subsections have been redesignated accordingly.
COMMENT TO 2019 AMENDMENTS
This rule has been amended consistent with the stylistic changes to the civil rules. The rule was amended to require that an affidavit of service be filed at least 6 days before the date set for the initial hearing and to permit the clerk to dismiss the case where the plaintiff has failed to comply with this rule. Parties should refer to D.C. Code § 16-1502 (2012 Repl.) and L&T Form 3 for additional guidance on service and proof of service. As Rule 2 provides, Civil Rule 4(h) addresses service on a corporation, partnership, or association.
The provision relating to costs has been moved to Rule 15.
COMMENT
This rule requires that the plaintiff mail to the defendant a copy of the summons and complaint when service is made by posting pursuant to D.C. Code 2001, § 16-1502. See Greene v. Lindsey, 456 U.S. 444, 102 S. Ct. 1874, 72 L. Ed. 2d 249 (1982). This requirement is not intended to excuse the plaintiff's obligation to make a "diligent and conscientious effort" to secure personal or substitute service before resorting to service by posting. See, e.g., Parker v. Frank Emmet Real Estate, 451 A.2d 62 (D.C. App. 1982).