reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3110. Order admitting will to probate as conclusive evidence

§ 16–3110. Order admitting will to probate as conclusive evidence.
With respect to the trial of issues in the Probate Court, including the taking and use of testimony of non-resident witnesses, the Federal Rules of Civil Procedure, unless otherwise provided by law, are applicable thereto. A final order or decree admitting a will to probate, unless and until it is reversed, is conclusive evidence of the validity of the will in a collateral proceeding in which the will is brought into question, and a transcript of the record of the will, and of the decree admitting it to probate, is sufficient proof thereof.
(Dec. 23, 1963, 77 Stat. 601, Pub. L. 88-241, § 1; Sept. 6, 1980, D.C. Law 3-85, § 5(c), 27 DCR 2900.)
Prior Codifications
1981 Ed., § 16-3110.
1973 Ed., § 16-3111.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3111. Arbitration; exceptions

§ 16–3111. Arbitration; exceptions.
The Probate Court may, with the consent in writing of both parties, arbitrate between a complainant and a personal representative, or between a personal representative and a person against whom the estate represented by him has a claim, or, with like consent, may refer the matter in dispute to an arbitrator. If reserved by the parties in their submission, exception as to matters of law may be filed to the award of the arbitrator, and the court may confirm or overrule the award. The award when confirmed is conclusive between the parties.
(Dec. 23, 1963, 77 Stat. 601, Pub. L. 88-241, § 1; Sept. 6, 1980, D.C. Law 3-85, § 5(c), (d), 27 DCR 2900.)
Prior Codifications
1981 Ed., § 16-3111.
1973 Ed., § 16-3112.
Section References
This section is referenced in § 16-3102.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3112. Costs and execution

§ 16–3112. Costs and execution.
The Probate Court may render judgment for costs against the unsuccessful party in any proceeding conducted in the court, and issue execution thereof.
(Dec. 23, 1963, 77 Stat. 601, Pub. L. 88-241, § 1; Sept. 6, 1980, D.C. Law 3-85, § 5(c), 27 DCR 2900.)
Prior Codifications
1981 Ed., § 16-3112.
1973 Ed., § 16-3113.
Cross References
Fees and costs in civil proceedings, see § 15-701 et seq.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 33 - Quieting Title Obtained by Adverse Possession › § 16–3301. Complaint; allegations; parties; service; decree

§ 16–3301. Complaint; allegations; parties; service; decree.
(a) When title to real property in the District of Columbia has become vested in a person by adverse possession, the holder thereof may file a complaint in the Superior Court of the District of Columbia to have the title perfected. In the complaint, it is sufficient to allege that the plaintiff holds the title to the property, and that it has vested in him, or in himself and in those under whom he claims, by adverse possession. In the action, it is not necessary to make any person a party defendant except those persons who appear to have a claim or title adverse to that of the plaintiff. Upon the trial of the cause, proof of the facts showing title in the plaintiff by adverse possession entitles him to decree of the court declaring his title by adverse possession, and a copy of the decree may be entered of record in the office of the Recorder of Deeds for the District.
(b) In an action pursuant to this section, if process is returned not to be found, notice by publication may be substituted as in the case of nonresident defendants. Subject to subsection (c) of this section, if it is unknown whether one who, if living, would be an adverse party, is living or dead, or, in the case of a decedent, whether he died testate or left heirs, or his heirs or devisees are unknown, the cause may be proceeded with pursuant to section 13-341.
(c) The rights of infants or others under legal disability shall be saved for a period of two years after the removal of their disabilities, but the entire period during which they shall be preserved may not exceed twenty-two years from the time they accrued, either in the plaintiff or in the persons under whom he claims.
(Dec. 23, 1963, 77 Stat. 601, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(m); Mar. 24, 1998, D.C. Law 12-81, § 10(oo), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-3301.
1973 Ed., § 16-3301.
Cross References
Defense of adverse possession, see § 16-1113.
Limitation of actions, see § 12-301.
Service by publication, nonresidents, absent defendants, and unknown heirs or devisees, see § 13-336.
Superior court jurisdiction, see § 11-921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter I - Actions Against Officers of the United States › § 16–3501. Persons against whom issued; civil action

§ 16–3501. Persons against whom issued; civil action.
A quo warranto may be issued from the United States District Court for the District of Columbia in the name of the United States against a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the United States or a public office of the United States, civil or military. The proceedings shall be deemed a civil action.
(Dec. 23, 1963, 77 Stat. 602, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 562, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3501.
1973 Ed., § 16-3501.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter I - Actions Against Officers of the United States › § 16–3502. Parties who may institute; ex rel. proceedings

§ 16–3502. Parties who may institute; ex rel. proceedings.
The Attorney General of the United States or the United States attorney may institute a proceeding pursuant to this subchapter on his own motion or on the relation of a third person. The writ may not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified setting forth the grounds of the application, or until the relator files a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court prescribes, conditioned on the payment by him of all costs incurred in the prosecution of the writ if costs are not recovered from and paid by the defendant.
(Dec. 23, 1963, 77 Stat. 602, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 562, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3502.
1973 Ed., § 16-3502.
Section References
This section is referenced in § 16-3503.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter I - Actions Against Officers of the United States › § 16–3503. Refusal of Attorney General or United States attorney to act; procedure

§ 16–3503. Refusal of Attorney General or United States attorney to act; procedure.
If the Attorney General or United States attorney refuses to institute a quo warranto proceeding on the request of a person interested, the interested person may apply to the court by certified petition for leave to have the writ issued. When, in the opinion of the court, the reasons set forth in the petition are sufficient in law, the writ shall be allowed to be issued by any attorney, in the name of the United States, on the relation of the interested person on his compliance with the condition prescribed by section 16-3502 as to security for costs.
(Dec. 23, 1963, 77 Stat. 602, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 562, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3503.
1973 Ed., § 16-3503.
Cross References
Superior Court of the District of Columbia, jurisdiction, see § 11-921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter II - Actions Against Officers or Corporations of the District of Columbia › § 16–3521. Persons against whom issued; civil action

§ 16–3521. Persons against whom issued; civil action.
A quo warranto may be issued from the Superior Court of the District of Columbia in the name of the District of Columbia against —
(1) a person who within the District of Columbia usurps, intrudes into, or unlawfully holds or exercises, a franchise conferred by the District of Columbia, a public office of the District of Columbia, civil or military, or an office in a domestic corporation; or
(2) one or more persons who act as a corporation within the District of Columbia without being duly authorized, or exercise within the District of Columbia corporate rights, privileges, or franchises not granted them by law in force in the District of Columbia.
The proceedings shall be deemed a civil action.
(July 29, 1970, 84 Stat. 562, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3521.
1973 Ed., § 16-3521.
Section References
This section is referenced in § 1-605.01 and § 1-606.01.
Cross References
Superior court jurisdiction, see § 11-921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter II - Actions Against Officers or Corporations of the District of Columbia › § 16–3522. Parties who may institute; ex rel. proceedings

§ 16–3522. Parties who may institute; ex rel. proceedings.
The United States attorney or the Corporation Counsel may institute a proceeding pursuant to this subchapter on his own motion, or on the relation of a third person. The writ may not be issued on the relation of a third person except by leave of the court, to be applied for by the relator, by a petition duly verified, setting forth the grounds of the application, or until the relator files a bond with sufficient surety, to be approved by the clerk of the court, in such penalty as the court prescribes, conditioned on the payment by him of all costs incurred in the prosecution of the writ if costs are not recovered from and paid by the defendant.
(July 29, 1970, 84 Stat. 562, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3522.
1973 Ed., § 16-3522.
Section References
This section is referenced in § 16-3523.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter II - Actions Against Officers or Corporations of the District of Columbia › § 16–3523. Refusal of United States attorney or Attorney General of the District of Columbia to act; procedures

§ 16–3523. Refusal of United States attorney or Attorney General of the District of Columbia to act; procedures.
If the United States attorney or Corporation Counsel refuses to institute a quo warranto proceeding on the request of a person interested, the interested person may apply to the court by certified petition for leave to have the writ issued. When, in the opinion of the court, the reasons set forth in the petition are sufficient in law, the writ shall be allowed to be issued by any attorney, in the name of the District of Columbia, on the relation of the interested person, on his compliance with the conditions prescribed by section 16-3522 as to security for costs.
(July 29, 1970, 84 Stat. 563, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3523.
1973 Ed., § 16-3523.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter III - Procedures and Judgments › § 16–3541. Allegations in petition of relator claiming office

§ 16–3541. Allegations in petition of relator claiming office.
When a quo warranto proceeding is against a person for usurping an office, on the relation of a person claiming the same office, the relator shall set forth in his petition the facts upon which he claims to be entitled to the office.
(Dec. 23, 1963, 77 Stat. 602, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 563, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3541.
1973 Ed., § 16-3541.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter III - Procedures and Judgments › § 16–3542. Notice to defendant

§ 16–3542. Notice to defendant.
On the issuing of a writ of quo warranto the court may fix a time within which the defendant may appear and answer the writ. When the defendant cannot be found in the District of Columbia, the court may direct notice to be given to him by publication as in other cases of proceedings against nonresident defendants, and upon proof of publication, if the defendant does not appear, judgment may be rendered as if he had been personally served.
(Dec. 23, 1963, 77 Stat. 602, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 563, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3542.
1973 Ed., § 16-3542.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter III - Procedures and Judgments › § 16–3543. Proceedings on default

§ 16–3543. Proceedings on default.
If the defendant does not appear as required by a writ of quo warranto, after being served, the court may proceed to hear proof in support of the writ and render judgment accordingly.
(Dec. 23, 1963, 77 Stat. 603, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 563, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3543.
1973 Ed., § 16-3543.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter III - Procedures and Judgments › § 16–3544. Pleading; jury trial

§ 16–3544. Pleading; jury trial.
In a quo warranto proceeding, the defendant may demur, plead specially, or plead “not guilty” as the general issue, and the United States or the District of Columbia, as the case may be, may reply as in other actions of a civil character. Issues of fact shall be tried by a jury if either party requests it. Otherwise they shall be determined by the court.
(Dec. 23, 1963, 77 Stat. 603, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 563, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3544.
1973 Ed., § 16-3544.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter III - Procedures and Judgments › § 16–3545. Verdict and judgment

§ 16–3545. Verdict and judgment.
Where a defendant in a quo warranto proceeding is found by the jury to have usurped, intruded into, or unlawfully held or exercised an office or franchise, the verdict shall be that he is guilty of the act or acts in question, and judgment shall be rendered that he be ousted and excluded therefrom and that the relator recover his costs.
(Dec. 23, 1963, 77 Stat. 603, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 563, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3545.
1973 Ed., § 16-3545.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter III - Procedures and Judgments › § 16–3546. Usurping corporate franchise; judgment

§ 16–3546. Usurping corporate franchise; judgment.
Where a quo warranto proceeding is against persons acting as a corporation without being legally incorporated, the judgment against the defendants shall be that they be perpetually restrained and enjoined from the commission or continuance of the acts complained of.
(Dec. 23, 1963, 77 Stat. 603, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 563, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3546.
1973 Ed., § 16-3546.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter III - Procedures and Judgments › § 16–3547. Proceedings against corporate directors and trustees; judgment and order; enforcement

§ 16–3547. Proceedings against corporate directors and trustees; judgment and order; enforcement.
Where a quo warranto proceeding is against a director or trustee of a corporation and the court finds that at his election either illegal votes were received or legal votes rejected, or both, sufficient to change the result if the error is corrected, the court may render judgment that the defendant be ousted, and that the relator, if entitled to be declared elected, be admitted to the office, and the court may issue an order to the proper parties, being officers or members of the corporation, to admit him to the office. The judgment may require the defendant to deliver to the relator all books, papers, and other things in his custody or control pertaining to the office, and obedience to judgment may be enforced by attachment.
(Dec. 23, 1963, 77 Stat. 603, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3547.
1973 Ed., § 16-3547.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 35 - Quo Warranto › Subchapter III - Procedures and Judgments › § 16–3548. Recovery of damages from usurper; limitation

§ 16–3548. Recovery of damages from usurper; limitation.
At any time within a year from a judgment in a quo warranto proceeding, the relator may bring an action against the party ousted and recover the damages sustained by the relator by reason of the ousted party’s usurpation of the office to which the relator was entitled.
(Dec. 23, 1963, 77 Stat. 603, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(n).)
Prior Codifications
1981 Ed., § 16-3548.
1973 Ed., § 16-3548.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3701. Demand prior to action; costs

§ 16–3701. Demand prior to action; costs.
In an action of replevin brought to recover personal property to which the plaintiff is entitled, that is alleged to have been wrongfully taken by or to be in the possession of and wrongfully detained by the defendant, it is not necessary to demand possession of the property before bringing the action; but the costs of the action may be awarded as the court orders.
(Dec. 23, 1963, 77 Stat. 604, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3701.
1973 Ed., § 16-3701.
Cross References
Attachment of property in replevin action, see § 16-517.
Superior court jurisdiction, see § 11-921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3702. Form of complaint

§ 16–3702. Form of complaint.
A complaint in replevin shall be in the following or equivalent form:
“The plaintiff sues the defendant for (wrongly taking and detaining) (unjustly detaining) the plaintiff’s goods and chattels, to wit: (describe them) of the value of ____ dollars. And the plaintiff claims that the same be taken from the defendant and delivered to him; or, if they are eloigned, that he may have judgment of their value and all mesne profits and damages, which he estimates at ____ dollars, besides costs.”
(Dec. 23, 1963, 77 Stat. 604, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3702.
1973 Ed., § 16-3702.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3703. Affidavit; contents

§ 16–3703. Affidavit; contents.
At the time of filing a complaint in replevin, the plaintiff, his agent, or attorney shall file an affidavit stating that —
(1) according to affiant’s information and belief, the plaintiff is entitled to recover possession of chattels proposed to be replevied, being the same described in the complaint;
(2) the defendant has seized and detained or detains the chattels; and
(3) the chattels were not subject to the seizure or detention and were not taken upon a writ of replevin between the parties.
(Dec. 23, 1963, 77 Stat. 604, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3703.
1973 Ed., § 16-3703.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3704. Undertaking to abide judgment of the court

§ 16–3704. Undertaking to abide judgment of the court.
At the time of filing a complaint in replevin, the plaintiff shall enter into an undertaking by himself or his agent with surety, approved by the clerk, to abide by and perform the judgment of the court.
(Dec. 23, 1963, 77 Stat. 604, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3704.
1973 Ed., § 16-3704.
Cross References
Bonds and undertakings, see § 28-2501 et seq.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3705. Failure of officer to obtain possession; procedure

§ 16–3705. Failure of officer to obtain possession; procedure.
When the officer’s return of a writ of replevin issued pursuant to this subchapter is that he has served the defendant with copies of the complaint, affidavit, and summons, but that he could not obtain possession of the goods and chattels sued for, the plaintiff may prosecute the action for the value of the property and damages for detention, or he may renew the writ in order to obtain possession of the goods and chattels themselves.
(Dec. 23, 1963, 77 Stat. 604, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3705.
1973 Ed., § 16-3705.
Cross References
Attachment of property in replevin action, see § 16-517.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3706. Publication against defendant

§ 16–3706. Publication against defendant.
When the officer’s return of a writ of replevin is that he has taken possession of the goods and chattels sued for, but indicates that personal service on the defendant could not be made, the court, subject to the provisions of section 13-340 as to mailing notice, may order that the defendant appear to the action by a fixed day. The plaintiff shall cause notice of the order to be given by publication in a newspaper published in the District at least three times, the first publication to be at least twenty days before the day fixed for the defendant’s appearance.
(Dec. 23, 1963, 77 Stat. 605, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3706.
1973 Ed., § 16-3706.
Section References
This section is referenced in § 16-3707.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3707. Default

§ 16–3707. Default.
If, after notice as provided by section 16-3706 , the defendant fails to appear, the court may proceed as in case of default after personal service.
(Dec. 23, 1963, 77 Stat. 605, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3707.
1973 Ed., § 16-3707.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3708. Motion for return of property; procedure; objection to sufficiency of security

§ 16–3708. Motion for return of property; procedure; objection to sufficiency of security.
(a) On the taking possession of the goods and chattels by the marshal by virtue of a writ of replevin, the defendant may, on one day’s notice to the plaintiff or his attorney, move for a return of the property to his possession. Thereupon, the court may inquire into the circumstances and manner of the defendant’s obtaining possession of the property, and, if it seems just, may order the property to be returned to the possession of the defendant, to abide the final judgment in the action. The court may require the defendant to enter into an undertaking with surety or sureties, similar to that required of the plaintiff upon the commencement of the action. In such case, the court shall render judgment against the surety or sureties, as well as against the defendant.
(b) When it appears that the possession of the property was forcibly or fraudulently obtained by the defendant, or that the possession, being first in the plaintiff, was procured or retained by the defendant without authority from the plaintiff, the court may refuse to order the return of the property to the possession of the defendant. The defendant may also, on similar notice, object to the sufficiency of the security in the undertaking of the plaintiff, and the court may require additional security, in default of which the property shall be returned to the defendant, but the action may proceed as if the property had not been taken.
(Dec. 23, 1963, 77 Stat. 605, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3708.
1973 Ed., § 16-3708.
Section References
This section is referenced in § 16-3709.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3709. Notice to officer of intention to move for return; duty of officer; time of motion

§ 16–3709. Notice to officer of intention to move for return; duty of officer; time of motion.
If the defendant in an action of replevin notifies the officer taking possession of the property, in writing, of his intention to make either of the motions specified by section 16-3708 , the officer shall retain possession of the property until the motion is disposed of, if the motion is filed and notice given, as provided by section 16-3708 , to the plaintiff or his attorney, within two days thereafter.
(Dec. 23, 1963, 77 Stat. 605, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3709.
1973 Ed., § 16-3709.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3710. Determination and measure of plaintiff’s damages

§ 16–3710. Determination and measure of plaintiff’s damages.
Whether, in an action of replevin, the defendant answers and the issue thereon joined is found against him, or judgment is rendered against him on proper motion under rules of court, or he makes default after personal service or publication, the plaintiff’s damages shall be ascertained by the jury trying the issue, where one is joined, or by a jury of inquest, where jury trial had been waived or there is no issue of fact, and the damages shall be the full value of the goods, if eloigned by the defendant, including, in every case, the loss sustained by the plaintiff by reason of the detention, and the judgment shall be rendered for the plaintiff accordingly.
(Dec. 23, 1963, 77 Stat. 605, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3710.
1973 Ed., § 16-3710.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3711. Judgment for defendant and determination of damages

§ 16–3711. Judgment for defendant and determination of damages.
When, in an action of replevin, the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute his suit, or judgment is rendered against the plaintiff on proper motion under rules of court, the judgment shall be that the goods, if delivered to the plaintiff, be returned to the defendant with damages for their detention, or, on failure, that the defendant recover against the plaintiff and his surety the damages sustained by him. The damages shall be assessed by the jury trying the issue; or, where jury trial had been waived, or judgment is rendered against the plaintiff prior to trial on proper motion under rules of court, or he dismisses or fails to prosecute his suit, by a jury of inquest.
(Dec. 23, 1963, 77 Stat. 606, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3711.
1973 Ed., § 16-3711.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3712. Verdict where goods are eloigned

§ 16–3712. Verdict where goods are eloigned.
If the defendant in an action of replevin has eloigned the things sued for, the court may instruct the jury, if they find for the plaintiff, to assess such damages as may compel the defendant to return the things.
(Dec. 23, 1963, 77 Stat. 606, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3712.
1973 Ed., § 16-3712.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3713. Judgment where goods are eloigned

§ 16–3713. Judgment where goods are eloigned.
The judgment in a case where the defendant has eloigned the goods sued for, shall be that the plaintiff recover against the defendant the value of the goods as found and the damages so assessed, to be discharged by the return of the things, within ten days after the judgment, with damages for detention, which the jury shall also assess.
(Dec. 23, 1963, 77 Stat. 606, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3713.
1973 Ed., § 16-3713.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3731. Jurisdiction; form of complaint

§ 16–3731. Jurisdiction; form of complaint
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3732. Affidavit; contents

§ 16–3732. Affidavit; contents
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3733. Undertaking to abide judgment of the court

§ 16–3733. Undertaking to abide judgment of the court
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3734. Failure of officer to obtain possession

§ 16–3734. Failure of officer to obtain possession
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3735. Publication against defendant

§ 16–3735. Publication against defendant
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3736. Default

§ 16–3736. Default
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3737. Retention of property by marshal; sufficiency of undertaking, quashing writ, and return of property

§ 16–3737. Retention of property by marshal; sufficiency of undertaking, quashing writ, and return of property
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3738. Motion for return of property; procedure; objection to sufficiency of security

§ 16–3738. Motion for return of property; procedure; objection to sufficiency of security
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3739. Determination and measure of plaintiff’s damages

§ 16–3739. Determination and measure of plaintiff’s damages
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 37 - Replevin › § 16–3740. Judgment for defendant and determination of damages

§ 16–3740. Judgment for defendant and determination of damages
Repealed.
(July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(o)(1).)
Prior Codifications
1981 Ed., §§ 16-3731 to 16-3740.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3901. Practice; applicability of other laws and rules of court

§ 16–3901. Practice; applicability of other laws and rules of court.
All provisions of law relating to the Superior Court of the District of Columbia and the rules of the court apply to the Small Claims and Conciliation Branch of the court as far as they may be applicable and are not in conflict with this chapter or Chapter 13 of Title 11. In case of conflict, this chapter and chapter 13 of Title 11 control.
(Dec. 23, 1963, 77 Stat. 608, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(p)(2).)
Prior Codifications
1981 Ed., § 16-3901.
1973 Ed., § 16-3901.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3903. Fees and costs; waiver

§ 16–3903. Fees and costs; waiver.
Fees for processing actions in the Small Claims Branch shall be set as the court prescribes. The judge sitting in the Branch may waive the prepayment of costs or the payment of costs accruing during the action upon the sworn statement of the plaintiff or upon other satisfactory evidence of his inability to pay the costs. When costs are so waived the notation to be made on the records of the Branch shall be “Prepayment of costs waived,” or “Costs waived.” The term “pauper” or “in forma pauperis” may not be employed in the Branch. If a party fails to pay accrued costs, though able to do so, the judge may deny him the right to file a new case in the Branch while the costs remain unpaid, and likewise deny him the right to proceed further in any case pending in the Branch.
(Dec. 23, 1963, 77 Stat. 610, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(p)(4); July 23, 1992, D.C. Law 9-134, § 104, 39 DCR 4066; Sept. 10, 1992, D.C. Law 9-145, § 104, 39 DCR 4895.)
Prior Codifications
1981 Ed., § 16-3903.
1973 Ed., § 16-3903.
Cross References
Fees and costs in civil actions, see § 15-701 et seq.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3904. Set-off or counterclaim; pleading; retention of jurisdiction

§ 16–3904. Set-off or counterclaim; pleading; retention of jurisdiction.
If the defendant in an action pursuant to this chapter, asserts a set-off or counterclaim, the judge may require a formal plea of set-off to be filed, or may waive the requirement. If the plaintiff requires time to prepare his defense against the counterclaim or set-off, the judge may continue the case for that purpose. When the set-off or counterclaim is for more than the jurisdictional limit of the Small Claims and Conciliation Branch, as provided by section 11-1321 , but within the jurisdiction of the Superior Court, the action shall nevertheless remain in the Branch and be tried therein in its entirety.
(Dec. 23, 1963, 77 Stat. 610, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(p)(5).)
Prior Codifications
1981 Ed., § 16-3904.
1973 Ed., § 16-3904.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3905. Jury trial; demand; assignment to regular branch

§ 16–3905. Jury trial; demand; assignment to regular branch.
In a case filed or pending in the Small Claims and Conciliation Branch in which a party entitled to a trial by jury files a demand therefor, the case shall be assigned to and tried in the regular branch of the civil division of the Court under the procedure provided for jury trials.
(Dec. 23, 1963, 77 Stat. 610, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(p)(4).)
Prior Codifications
1981 Ed., § 16-3905.
1973 Ed., § 16-3905.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3906. Pre-trial settlement; trial; procedure; default; dismissal or nonsuit; other disposition

§ 16–3906. Pre-trial settlement; trial; procedure; default; dismissal or nonsuit; other disposition.
(a) On the return day specified by subsection (g) of section 16-3902, or at such later time as the judge sets, the trial shall be had. Immediately prior to the trial of a case pursuant to this chapter, the judge shall make an earnest effort to settle the controversy by conciliation. If he fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits pursuant to subsection (b) of this section.
(b) The parties and witnesses shall be sworn. The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and is not bound by the statutory provisions or rules of practice, procedure, pleading, or evidence, except provisions relating to privileged communications.
(c) If the defendant fails to appear, judgment shall be entered for the plaintiff by default as provided by section 16-3902(f), or under rules of court, or on ex-parte proof. If the plaintiff fails to appear, the action may be dismissed for want of prosecution, or a nonsuit may be ordered, or defendant may proceed to a trial on the merits, or the case may be continued or returned to the files for further proceedings on a later date, as the judge directs. If both parties fail to appear, the judge may return the case to the files, or order the action dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice requires.
(Dec. 23, 1963, 77 Stat. 610, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3906.
1973 Ed., § 16-3906.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3907. Judgment; stay; installment payments; enforcement

§ 16–3907. Judgment; stay; installment payments; enforcement.
When judgment is to be rendered in an action pursuant to this chapter and the party against whom it is to be entered requests it, the judge shall inquire fully into his earnings and financial status and may stay the entry of judgment, and stay execution, except in cases involving wage claims, and order partial payments in such amounts, over such periods, and upon such terms, as seems just in the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Upon a showing that the party has failed to meet an installment payment without just excuse, the stay of execution shall be vacated. When a stay of execution has not been ordered or when a stay of execution has been vacated as provided by this section, the party in whose favor the judgment has been entered may avail himself of all remedies otherwise available in the Superior Court of the District of Columbia for the enforcement of the judgment.
(Dec. 23, 1963, 77 Stat. 611, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 564, Pub. L. 91-358, title I, § 145(p)(6); Mar. 24, 1998, D.C. Law 12-81, § 10(pp), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-3907.
1973 Ed., § 16-3907.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3908. Judgment for wages; oral examination; payment

§ 16–3908. Judgment for wages; oral examination; payment.
When a judgment rendered in an action pursuant to this chapter is founded in whole or in part on a claim for wages or personal services, the judge shall, upon motion of the party obtaining judgment, order the appearance of the party against whom the judgment has been entered, but not more often than once each week for four weeks, for oral examination under oath as to his financial status and his ability to pay the judgment, and the judge shall make such supplementary orders as seems just and proper to effectuate the payment of the judgment upon reasonable terms.
(Dec. 23, 1963, 77 Stat. 611, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3908.
1973 Ed., § 16-3908.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3909. Award of costs

§ 16–3909. Award of costs.
In the action pursuant to this chapter, the award of costs is in the discretion of the judge, who may include therein the reasonable cost of bonds and undertakings, and other reasonable expenses incident to the action, incurred by either party.
(Dec. 23, 1963, 77 Stat. 611, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3909.
1973 Ed., § 16-3909.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 39 - Small Claims and Conciliation Procedure in Superior Court › § 16–3910. Other rights of judgment creditor

§ 16–3910. Other rights of judgment creditor.
Except as otherwise provided by this chapter or the rules of the court, a party obtaining a judgment in the Small Claims and Conciliation Branch is entitled to the same remedies, processes, costs, and benefits as are given or inure to other judgment creditors in the court.
(Dec. 23, 1963, 77 Stat. 611, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 565, Pub. L. 91-358, title I, § 145(p)(7).)
Prior Codifications
1981 Ed., § 16-3910.
1973 Ed., § 16-3910.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4001. Short title

§ 16–4001. Short title.
This chapter may be cited as the “Uniform Collaborative Law Act”.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 1 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4003. Applicability

§ 16–4003. Applicability.
This chapter applies to a collaborative law participation agreement that meets the requirements of § 16-4004 signed on or after the effective date of this chapter [May 9, 2012].
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 3 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4004. Collaborative law participation agreement; requirements

§ 16–4004. Collaborative law participation agreement; requirements.
(a) A collaborative law participation agreement shall:
(1) Be in a record;
(2) Be signed by the parties;
(3) State the parties’ intention to resolve a collaborative matter through a collaborative law process under this chapter;
(4) Describe the nature and scope of the matter;
(5) Identify the collaborative lawyer who represents each party in the process; and
(6) Contain a statement by each collaborative lawyer confirming the lawyer’s representation of a party in the collaborative law process.
(b) The parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this chapter.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Section References
This section is referenced in § 16-4003 and § 16-4020.
Editor's Notes
Uniform Law: This section is based on § 4 of the Uniform Collaborative Law Act.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 40 - Collaborative Law; Uniform Act › § 16–4005. Beginning and concluding collaborative law process

§ 16–4005. Beginning and concluding collaborative law process.
(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(b) The tribunal may not order a party to participate in a collaborative law process over that party’s objection.
(c) A collaborative law process is concluded by:
(1) The resolution of a collaborative matter as evidenced by a signed record;
(2) The resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(3) The termination of the process.
(d) A collaborative law process terminates:
(1) When a party gives notice to other parties in a record that the process is ended; or
(2) When a party:
(A) Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(B) In a pending proceeding related to the matter:
(i) Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(ii) Requests that the proceeding be put on the tribunal’s calendar; or
(iii) Takes similar action requiring notice to be sent to the parties; or
(3) Except as otherwise provided by subsection (g) of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(e) A party’s collaborative lawyer shall give prompt notice to all parties in a record of a discharge or withdrawal.
(f) A party may terminate a collaborative law process with or without cause.
(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (e) of this section is sent to the parties:
(1) The unrepresented party engages a successor collaborative lawyer; and
(2) In a signed record:
(A) The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(B) The agreement is amended to identify the successor collaborative lawyer; and
(C) The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.
(h) A collaborative law process does not conclude if, with the consent of the parties, a party requests the tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
Editor's Notes
Uniform Law: This section is based on § 5 of the Uniform Collaborative Law Act.