reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 25 - Change of Name or Gender › § 16–2503. Decree

§ 16–2503. Decree.
(a) Upon a showing that the court deems satisfactory, the court may change the name of the applicant according to the prayer of the application.
(b)(1) Any District resident may seek a declaration by the Superior Court reflecting a change of gender. The Superior Court shall grant the declaration if the individual seeking the declaration provides, to the court, a statement from the individual’s healthcare provider as described in [§ 7-231.22(a)(2)]. If granted, the declaration shall be effective from the date of gender transition as specified in the healthcare provider’s statement.
(2) Any District resident who was born in a state or foreign jurisdiction that requires a court order to amend a birth certificate to reflect a change in gender may request a court order by the Superior Court directing the birth state or foreign jurisdiction to amend the original birth certificate or issue a new birth certificate reflecting a change of gender. The Superior Court shall grant the order if the individual seeking the order provides, to the court, a statement from the individual’s healthcare provider as described in [§ 7-231.22(a)(2)].
(3) Any declaration or order issued pursuant to subsection (b) this section shall constitute conclusive proof of the individual’s gender for all purposes and shall be given the full force and effect of any judgment issued by the Superior Court.
(Dec. 23, 1963, 77 Stat. 595, Pub. L. 88-241, § 1; Nov. 5, 2013, D.C. Law 20-37, § 3(c), 60 DCR 12145; Oct. 30, 2018, D.C. Law 22-164, § 203(e), 65 DCR 9324.)
Prior Codifications
1981 Ed., § 16-2503.
1973 Ed., § 16-2503.
Effect of Amendments
The 2013 amendment by D.C. Law 20-37 deleted “On proof of the notice prescribed by section 16-2502, and” from the beginning; added the subsection (a) designation; and added (b).
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 27 - Negligence Causing Death › § 16–2702. Party plaintiff; statute of limitations

§ 16–2702. Party plaintiff; statute of limitations.
An action pursuant to this chapter shall be brought by and in the name of the personal representative of the deceased person, and within 2 years after the death of the person injured.
(Dec. 23, 1963, 77 Stat. 596, Pub. L. 88-241, § 1; Oct. 22, 2012, D.C. Law 19-177, § 3, 59 DCR 9353.)
Prior Codifications
1981 Ed., § 16-2702.
1973 Ed., § 16-2702.
Effect of Amendments
The 2012 amendment by D.C. Law 19-177 substituted “2 years” for “one year.”
Cross References
Death or injury caused by defective or unsafe improvements to real property, actions, see § 12-310
Emergency Legislation
For temporary (90 day) amendment of section, see § 2 of Wrongful Death Emergency Act of 2012 (D.C. Act 19-338, March 30, 2012, 59 DCR 2567).
For temporary (90 day) amendment of section, see § 2 of the Wrongful Death Congressional Review Emergency Act of 2012 (D.C. Act 19-390, July 9, 2012, 59 DCR 8499).
Temporary Legislation
Section 2 of D.C. Law 19-147 substituted “2 years” for “one year”.
Section 4(b) of D.C. Law 19-147 provided that the act shall expire after 225 days of its having taken effect.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 27 - Negligence Causing Death › § 16–2703. Distribution of damages

§ 16–2703. Distribution of damages.
The damages recovered in an action pursuant to this chapter, except the amount specified by the verdict or judgment covering the reasonable expenses of last illness and burial, may not be appropriated to the payment of the debts or liabilities of the deceased person, but inure to the benefit of his or her family and shall be distributed to the spouse and next of kin according to the allocation made by the verdict or judgment, or in the absence of an allocation, according to the provisions of the statute of distribution in force in the District.
(Dec. 23, 1963, 77 Stat. 596, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-2703.
1973 Ed., § 16-2703.
Cross References
Hospital lien for accident injury services, wrongful death damages, see § 40-201.
Intestate succession, descent and distribution, see § 19-301 et seq.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter I - Generally › § 16–2801. Definitions

§ 16–2801. Definitions.
For the purposes of this chapter, the term:
(1) “Court” means the Superior Court of the District of Columbia.
(2) “Healthcare provider” means an individual or entity licensed or otherwise authorized under District law to provide healthcare service, including a hospital, nursing facility, comprehensive outpatient rehabilitation facility, home health agency, hospice program, renal dialysis facility, ambulatory surgical center, pharmacy, physician or health care practitioner’s office, long-term care facility, behavior health residential treatment facility, health clinic, birth center, clinical laboratory, health center, physician, physician assistant, nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, certified nurse midwife, psychologist, certified social worker, registered dietitian or nutrition professional, physical or occupational therapist, pharmacist, or other individual health care practitioner.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter I - Generally › § 16–2802. Notice of intention to file suit

§ 16–2802. Notice of intention to file suit.
(a) Any person who intends to file an action in the court alleging medical malpractice against a healthcare provider shall notify the intended defendant of his or her action not less than 90 days prior to filing the action. Notice may be given by service on an intended defendant at his or her last known address registered with the appropriate licensing authority. Upon a showing of a good faith effort to give the required notice, the court may excuse the failure to give notice within the time prescribed.
(b) The notice required in subsection (a) of this section shall include sufficient information to put the defendant on notice of the legal basis for the claim and the type and extent of the loss sustained, including information regarding the injuries suffered. Nothing herein shall preclude the person giving notice from adding additional theories of liability based upon information obtained in court-conducted discovery or adding injuries or loss which become known at a later time.
(c) A legal action alleging medical malpractice shall not be commenced in the court unless the requirements of this section have been satisfied.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
Section References
This section is referenced in § 16-2803 and § 16-2804.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter I - Generally › § 16–2803. Extension of statute of limitations

§ 16–2803. Extension of statute of limitations.
If the notice required under § 16-2802 is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the date of the service of the notice.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter I - Generally › § 16–2804. Unknown defendant or unlicensed defendant

§ 16–2804. Unknown defendant or unlicensed defendant.
(a) Section 16-2802 shall not apply to:
(1) Any intended defendant whose name is unknown or who was not licensed at the time of the alleged occurrence or is unlicensed at the time notice is given;
(2) Any claim that is unknown to the person at the time of filing his or her notice; or
(3) Any intended defendant who is identified in the notice by a misnomer.
(b) Nothing indicated herein shall prevent the court from waiving the requirements of § 16-2802 upon a showing of good faith effort to comply or if the interests of justice dictate.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter II - Mediation › § 16–2821. Requirement for mediation

§ 16–2821. Requirement for mediation.
After an action is filed in the court against a healthcare provider alleging medical malpractice, the court shall require the parties to enter into mediation, without discovery or, if all parties agree with only limited discovery that will not interfere with the completion of mediation within 30 days of the Initial Scheduling and Settlement Conference (“ISSC”), prior to any further litigation in an effort to reach a settlement agreement. The mediation schedule shall be included in the scheduling conference order following the ISSC. Unless all parties agree, the stay of discovery shall not be more than 30 days after the ISSC.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter II - Mediation › § 16–2822. Mediator costs

§ 16–2822. Mediator costs.
Unless otherwise agreed by the parties, the costs of mediation, if any, shall be equally shared by the parties.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807; Mar. 25, 2009, D.C. Law 17-353, §§ 158(b), 257, 56 DCR 1117.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in the section designation.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter II - Mediation › § 16–2823. Mediators

§ 16–2823. Mediators.
(a) The court shall assign the parties to court-provided mediation and provide a roster of medical malpractice mediators from which the parties may hire an eligible medical malpractice mediator. In the alternative, all parties can agree to hire another individual outside the roster. To be eligible for inclusion in the roster of medical malpractice mediators, an individual shall be a judge or lawyer with at least 10 years of significant experience in medical malpractice litigation.
(b) If the parties cannot agree on the selection of a mediator, the court shall appoint one.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter II - Mediation › § 16–2824. Attendance at mediation session

§ 16–2824. Attendance at mediation session.
(a) For the purposes of this section, the term “a representative with settlement authority” means an individual with control of the financial settlement resources for the case and the authority to pledge those resources to settle the case on behalf of a party.
(b) All parties shall personally attend mediation sessions.
(c) If a party is not an individual, a representative with settlement authority for the party shall attend the mediation session.
(d) In cases involving an insurance company, a representative of the company with settlement authority shall attend the mediation session.
(e) Attorneys representing each party with primary responsibility for the case shall attend the mediation session.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter II - Mediation › § 16–2825. Mediation statements

§ 16–2825. Mediation statements.
(a) Each party shall submit a confidential mediation statement to the mediator no later than 10 days prior to the initial mediation session. The parties shall not send copies of the mediation statement to the clerk, the assigned judge, or the other parties.
(b) Unless not already stated in the complaint and answer, the mediation statement shall:
(1) Include a brief summary of facts;
(2) Identify the issues of law and fact in dispute and summarize the party’s position on those issues;
(3) Discuss whether there are issues of law or fact the early resolution of which could facilitate early settlement or narrow the scope of the dispute;
(4) Identify the attorney who will represent the party at the mediation session and the person with settlement authority who will attend the mediation session;
(5) Include any documents or materials relevant to the case which may assist the mediator and advance the purposes of the mediation session; and
(6) Present any other matters that may assist the mediator and facilitate the mediation.
(c) Mediation statements are intended solely to facilitate the mediation and shall not be filed with the court.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter II - Mediation › § 16–2826. Mediator’s report

§ 16–2826. Mediator’s report.
A mediator’s report shall be filed with the court no later than 10 days after the mediation has terminated, informing the court regarding:
(1) Attendance;
(2) Whether a settlement was reached; or
(3) If a settlement was not reached, any agreements to narrow the scope of the dispute, limit discovery, facilitate future settlement, hold another mediation session, or otherwise reduce the cost and time of trial preparation.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter II - Mediation › § 16–2827. Confidentiality

§ 16–2827. Confidentiality.
(a) The mediation session shall be confidential. All proceedings at the mediation, including any statement made by any party, attorney, or other participant, shall be privileged and shall not be construed as an admission against interest. Any statement at such proceedings shall not be used in court in connection with the case or any other litigation. A party shall not be bound by anything said or done at the mediation unless a settlement is reached.
(b) A mediator shall not be compelled to provide evidence of a mediation communication in any subsequent trial.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28 - Medical Malpractice › Subchapter III - Evidence › § 16–2841. Inadmissibility of benevolent gestures

§ 16–2841. Inadmissibility of benevolent gestures.
For the purpose of any civil action or administrative proceeding alleging medical malpractice against a healthcare provider, an expression of sympathy or regret made in writing, orally, or by conduct made by or on behalf of the healthcare provider to a victim of the alleged medical malpractice, any member of the victim’s family, or any individual who claims damages by or through that victim, is inadmissible as an admission of liability. Nothing herein shall preclude the court from permitting the introduction of an admission of liability into evidence.
(Mar. 14, 2007, D.C. Law 16-263, § 302, 54 DCR 807.)
Cross References
Distribution of undivided interests in any property of the estate, partition proceedings, see § 20-1105.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 28A - Calculating Economic Damages › § 16–2851. Calculating economic damages

§ 16–2851. Calculating economic damages.
(a) In a civil action for personal injury or wrongful death, any estimations, measures, or calculations of past, present, or future damages for lost earnings or impaired earning capacity shall not be reduced based on actual or perceived race, color, religion, national origin, sex, sexual orientation, or gender identity or expression, as those terms are defined or used in [Unit A of Chapter 14 of Title 2].
(b) This section shall apply to all civil actions for personal injury or wrongful death, except for civil actions resolved by court order, jury verdict, or settlement before February 23, 2023.
(Feb. 23, 2023, D.C. Law 24-235, § 2(b), 69 DCR 14588.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter I - Partition Generally › § 16–2901. Parties; accounting by tenant in common

§ 16–2901. Parties; accounting by tenant in common.
(a) The Superior Court of the District of Columbia may decree a partition of lands, tenements, or hereditaments on the complaint of a tenant in common, claiming by descent or purchase, or of a joint tenant; or when it appears that the property can not be divided without loss or injury to the parties interested, the court may decree a sale thereof and a division of the money arising from the sale among the parties, according to their respective rights.
(b) This section applies to cases where:
(1) all the parties are of full age;
(2) all the parties are infants;
(3) some of the parties are of full age and some are infants;
(4) some or all of the parties are non compos mentis; and
(5) all or any of the parties are non-residents — and a party, whether of full age, infant, or non compos mentis, may file a complaint pursuant to this section, an infant by his guardian or next friend, and a person non compos mentis by his committee.
(c) In a case of partition, when a tenant in common has received the rents and profits of the property to his own use, he may be required to account to his cotenants for their respective shares of the rents and profits. Amounts found to be due on the accounting may be charged against the share of the party owing them in the property, or its proceeds in case of sale.
(d) This section does not affect sections 21-146 and 21-704 [repealed].
(Dec. 23, 1963, 77 Stat. 597, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(k)(1), (2).)
Prior Codifications
1981 Ed., § 16-2901.
1973 Ed., § 16-2901.
Section References
This section is referenced in § 20-1105.
Cross References
Coparcenary estates, abolition, see § 42-517.
Dower rights, see § 19-102 et seq.
Service by publication, nonresidents, absent defendants, and unknown heirs or devisees, see § 13-336.
References in Text
Section 21-704, referred to in subsection (d), was repealed by § 3 of D.C. Law 6-204, effective February 28, 1987.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter II - Assignment of Dower; Parties to Partition Proceeding; Sale of Property Discharged from Dower or Spouse’s Intestate Share. [Repealed] › § 16–2921. Appointment of commissioners; cases of partition. [Repealed]

§ 16–2921. Appointment of commissioners; cases of partition. [Repealed]
Repealed.
(Dec. 23, 1963, 77 Stat. 597, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(k)(1); Mar. 24, 1998, D.C. Law 12-81,§ 10(mm), 45 DCR 745; Apr. 27, 2001, D.C. Law 13-292, § 803(c)(3), 48 DCR 2087.)
Prior Codifications
1981 Ed., § 16-2921.
1973 Ed., § 16-2921.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter II - Assignment of Dower; Parties to Partition Proceeding; Sale of Property Discharged from Dower or Spouse’s Intestate Share. [Repealed] › § 16–2922. Widow or widower of tenant in common. [Repealed]

§ 16–2922. Widow or widower of tenant in common. [Repealed]
Repealed.
(Dec. 23, 1963, 77 Stat. 597, Pub. L. 88-241, § 1; Apr. 27, 2001, D.C. Law 13-292, § 803(c)(3), 48 DCR 2087.)
Prior Codifications
1981 Ed., § 16-2922.
1973 Ed., § 16-2922.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter II - Assignment of Dower; Parties to Partition Proceeding; Sale of Property Discharged from Dower or Spouse’s Intestate Share. [Repealed] › § 16–2923. Wife or husband as party to partition proceeding. [Repealed]

§ 16–2923. Wife or husband as party to partition proceeding. [Repealed]
Repealed.
(Dec. 23, 1963, 77 Stat. 598, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(k)(3); Apr. 27, 2001, D.C. Law 13-292, § 803(c)(3), 48 DCR 2087.)
Prior Codifications
1981 Ed., § 16-2923.
1973 Ed., § 16-2923.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter II - Assignment of Dower; Parties to Partition Proceeding; Sale of Property Discharged from Dower or Spouse’s Intestate Share. [Repealed] › § 16–2924. Sale of land encumbered by dower; lack of widow’s or widower’s consent; written consent; portion of proceeds. [Repealed]

§ 16–2924. Sale of land encumbered by dower; lack of widow’s or widower’s consent; written consent; portion of proceeds. [Repealed]
Repealed.
(Dec. 23, 1963, 77 Stat. 598, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(k)(3); Apr. 27, 2001, D.C. Law 13-292, § 803(c)(3), 48 DCR 2087.)
Prior Codifications
1981 Ed., § 16-2924.
1973 Ed., § 16-2924.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter II - Assignment of Dower; Parties to Partition Proceeding; Sale of Property Discharged from Dower or Spouse’s Intestate Share. [Repealed] › § 16–2925. Sale of indivisible property; discharge from dower or intestate share. [Repealed]

§ 16–2925. Sale of indivisible property; discharge from dower or intestate share. [Repealed]
Repealed.
(Dec. 23, 1963, 77 Stat. 598, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(k)(3); Apr. 27, 2001, D.C. Law 13-292, § 803(c)(3), 48 DCR 2087.)
Prior Codifications
1981 Ed., § 16-2925.
1973 Ed., § 16-2925.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2931. Definitions

§ 16–2931. Definitions.
For the purposes of this subchapter, the term:
(1) "Determination of value" means a court order:
(A) Determining the fair market value of real property pursuant to § 16-2934 or § 16-2938; or
(B) Adopting the valuation of real property agreed to by all cotenants.
(2) "Partition by sale" means a court-ordered sale of the entire real property, whether by auction, sealed bids, or open-market sale conducted pursuant to § 16-2938.
(3) "Partition in kind" means the division of real property into physically distinct and separately titled parcels.
(4) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2932. Applicability

§ 16–2932. Applicability.
(a) Real property shall be partitioned under this subchapter unless all the cotenants agree otherwise in a record.
(b) This subchapter shall apply to partition actions filed on or after [February 23, 2023].
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2933. Commencement; service; notice by posting

§ 16–2933. Commencement; service; notice by posting.
(a)(1) A cotenant in a tenancy in common may initiate an action under this subchapter by filing a complaint and shall name all cotenants as defendants.
(2) In addition to any persons required to be named as defendants pursuant to paragraph (1) of this subsection, the plaintiff may name as defendants all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the real property described in the complaint adverse to the plaintiff's title, or any cloud on the plaintiff's title to the real property.
(3) The court on its own motion or on motion of any party may issue an order to require joinder of any additional parties that are necessary or proper.
(b) This subchapter shall not be construed to limit or affect the method by which service of a complaint in a partition action may be made.
(c)(1) If the court orders notice by publication, the plaintiff, not later than 10 days after the court's determination, shall post and maintain, while the action is pending, a conspicuous sign on the real property that is the subject of the action.
(2) The sign shall state that the action has commenced and identify the name and address of the court and the street address of the real property, or other common designation, if any.
(3) The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2934. Determination of value

§ 16–2934. Determination of value.
(a) Except as otherwise provided in subsections (b) through (d) of this section, the court shall determine the fair market value of the real property by ordering an appraisal pursuant to subsection (e) of this section.
(b) The court may accept a previously completed appraisal filed with the court as evidence of value; provided, that:
(1) The appraisal is dated not earlier than 6 months before the filing of the action;
(2) The appraisal was completed by a disinterested real estate appraiser licensed in the District; and
(3) No party objects to the appraised value.
(c) If all cotenants have agreed to the value of the real property or to another method of valuation, the court shall adopt that value or the value produced by the method of valuation.
(d) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the real property and send notice to the parties of the value.
(e)(1) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in the District to determine the fair market value of the property assuming sole ownership of the fee simple estate.
(2) On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(f) If an appraisal is conducted pursuant to subsection (e) of this section, not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating:
(1) The appraised fair market value of the real property;
(2) That the appraisal is available at the court clerk's office; and
(3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
(g)(1) If an appraisal is filed with the court pursuant to subsection (e) of this section, the court shall conduct a hearing to determine the fair market value of the real property not sooner than 31 days after a copy of the notice of the appraisal is sent to each party pursuant to subsection (f) of this section, whether or not an objection to the appraisal is filed as described in subsection (f)(3) of this section.
(2) In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
(h) After a hearing conducted pursuant to subsection (g) of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the real property and send notice to the parties of the value.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2936. Partition procedures

§ 16–2936. Partition procedures.
(a)(1) If no cotenant requested partition by sale, or, if after completion of the procedures described in § 16-2935, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in § 16-2937, finds that partition in kind will result in great prejudice to the cotenants as a group.
(2) In considering whether to order partition in kind, the court shall approve a request by 2 or more parties to have their individual interests aggregated.
(b) If the court does not order partition in kind pursuant to subsection (a) of this section, the court shall order partition by sale pursuant to § 16-2938, or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c) If the court orders partition in kind pursuant to subsection (a) of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to § 16-2935(g), a part of the real property representing the combined interests of these cotenants as determined by the court, and this part of the real property shall remain undivided.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2937. Considerations for partition in kind

§ 16–2937. Considerations for partition in kind.
(a) In determining pursuant to § 16-2936(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following factors:
(1) Whether the real property practicably can be divided among the cotenants;
(2) Whether partition in kind would apportion the real property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the real property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3) Evidence of the collective duration of ownership or possession of the real property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4) A cotenant's sentimental attachment to the real property, including any attachment arising because the real property has ancestral or other unique or special value to the cotenant;
(5) The lawful use being made of the real property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the real property;
(6) The degree to which the cotenants have contributed their pro rata share of the real property taxes, insurance, and other expenses associated with maintaining ownership of the real property or have contributed to the physical improvement, maintenance, or upkeep of the real property; and
(7) Any other relevant factor.
(b) The court shall not consider any one factor in subsection (a) of this section to be dispositive without weighing the totality of all relevant factors.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2938. Open-market sale, sealed bids, or auction

§ 16–2938. Open-market sale, sealed bids, or auction.
(a) If the court orders a sale of real property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(b)(1) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in the District to offer the property for sale, the court shall appoint the broker and establish a reasonable commission.
(2) If the parties do not agree on a real estate broker, the court shall appoint a disinterested real estate broker licensed in the District to offer the real property for sale and shall establish a reasonable commission.
(3) The real estate broker shall offer the real property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(c) If the real estate broker appointed pursuant to subsection (b) of this section obtains, within a reasonable time, an offer to purchase the real property for at least the determination of value:
(1) The broker shall comply with the reporting requirements in § 16-2939; and
(2) The sale may be completed in accordance with any applicable District law.
(d) If the broker appointed pursuant to subsection (b) of this section does not obtain, within a reasonable time, an offer to purchase the real property for at least the determination of value, the court, after a hearing, may:
(1) Approve the highest outstanding offer, if any;
(2) Redetermine the value of the real property and order that the real property continue to be offered for an additional time; or
(3) Order that the real property be sold by sealed bids or at an auction.
(e)(1) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale.
(2) If the court orders an auction, the auction shall be conducted in a commercially reasonable manner that is fair to all concerned.
(f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser shall be entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2939. Report of open-market sale

§ 16–2939. Report of open-market sale.
(a) A broker appointed pursuant to § 16-2938(b) to offer real property for open-market sale shall file a report with the court no later than 7 days after receiving an offer to purchase the real property for at least the value determined pursuant to § 16-2934 or § 16-2938.
(b) The report required by subsection (a) of this section shall contain the following information:
(1) A description of the real property to be sold to the buyer;
(2) The name of the buyer;
(3) The proposed purchase price;
(4) The terms and conditions of the proposed sale, including the terms of any owner financing;
(5) The amount to be paid to lienholders;
(6) A statement of contractual or other arrangements or conditions of the real estate broker's commission; and
(7) Other material facts relevant to the sale.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2940. Procedures following partition of real property

§ 16–2940. Procedures following partition of real property.
(a)(1) If the court orders the partition of real property that is less than the full interest of a record or tax lot, the court shall order the Surveyor of the District of Columbia to create corresponding subdivisions or the Office of Tax and Revenue to create corresponding division of lots.
(2) Prior to the creation of such subdivisions, the owners of the lots to be subdivided shall pay all applicable taxes, fees, and costs related to the partition and subdivision pursuant to and under conditions required under § 47-832.
(3) Subdivisions shall become effective in the records of the Office of Tax and Revenue under § 47-832.
(4) The owners of the subdivided lots shall, within 30 days from the issuance of new lot numbers, record deeds reflecting their interests in the subdivided lots with the Recorder of Deeds.
(b) If a tenant in common buys out the interest of one or more tenants in common in real property, the tenant buying out the interests in common shall timely record a deed reflecting the square and lot and the resulting interest of such tenant in common, and shall pay applicable taxes, fees, and costs on the deed; except, that, if the tenant buying out the interests fails to make payment on all applicable taxes, fees, and costs on the deed, the transferor of the interests shall be jointly and severally liable with the transferee for payment of the taxes, fees, and costs.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 29 - Partition › Subchapter III - Partition of Real Property › § 16–2941. Relation to Electronic Signatures in Global and National Commerce Act

§ 16–2941. Relation to Electronic Signatures in Global and National Commerce Act.
This subchapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 464; 15 U.S.C. § 7001
et seq.)
("Act"), but shall not be construed to modify, limit, or supersede section 101(c) of the Act, or authorize electronic delivery of any of the notices described in section 103(b) of the Act.
(Feb. 23, 2023, D.C. Law 24-239, § 2(b), 69 DCR 14590.)
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3101. Definition

§ 16–3101. Definition.
As used in this chapter, the term “Probate Court” means the Superior Court of the District of Columbia.
(Dec. 23, 1963, 77 Stat. 598, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(l)(1).)
Prior Codifications
1981 Ed., § 16-3101.
1973 Ed., § 16-3101.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3102. Settlement of accounts as prima facie evidence only

§ 16–3102. Settlement of accounts as prima facie evidence only.
Except as provided by section 16-3111 , in actions:
(1) for an accounting, by legatees or next to kin against personal representatives, or wards against their guardians; or
(2) to subject the real estate of decedents to the payment of their debts, by creditors against personal representatives, or against heirs or devisees —
a prior settlement of accounts in the Probate Court is only prima facie evidence as to the correctness of the accounts.
(Dec. 23, 1963, 77 Stat. 598, Pub. L. 88-241, § 1; Sept. 6, 1980, D.C. Law 3-85, § 5(a), 27 DCR 2900; Apr. 30, 1988, D.C. Law 7-104, § 4(t), 35 DCR 147.)
Prior Codifications
1981 Ed., § 16-3102.
1973 Ed., § 16-3102.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3103. Summons; failure to appear or give evidence

§ 16–3103. Summons; failure to appear or give evidence.
A summons issued by the Probate Court to a person concerned in the affairs of a deceased person, or to a witness or other person whose appearance in the court is deemed necessary or proper, is returnable at the discretion of the court. When it is necessary or proper on the return of the “summoned”, and failure of the person to appear, to enforce his appearance, or when a witness before the court refuses to give evidence, the court may exercise its contempt power, or it may have his estate, or a part thereof attached and sequestered as provided by section 16-3104 .
(Dec. 23, 1963, 77 Stat. 599, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(l)(2).)
Prior Codifications
1981 Ed., § 16-3103.
1973 Ed., § 16-3103.
Section References
This section is referenced in § 16-3107.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3104. Sequestration where person fails to appear

§ 16–3104. Sequestration where person fails to appear.
(a) If two summonses issued to a person by the Probate Court are regularly returned non est by the United States marshal and it is necessary to proceed further to compel the person’s attendance, the court may order and issue an attachment against his real and personal property. On return of the attachment, to which a schedule of the attached property, if any, shall be annexed, the court, by order, or commission under seal, may authorize a person or persons to take into his or their care and custody the property returned in the schedule, or a part thereof, and receive the profits thereof, to be accounted for, until the person summoned appears and obeys the order of the court, or until further order. If the marshal or other officer does not deliver the property accordingly, he is liable to be proceeded against as provided by this subsection.
(b) The persons authorized pursuant to subsection (a) of this section to take into their care and custody the property referred to shall first give bond with such security, and in such penalty, as the court directs. The bond shall be recorded, may be sued on, shall be on a footing with an administration bond, and shall be conditioned for rendering a true account of the estate or property, and of the profits thereof, and to deliver the property according to the order of the court, after deducting such allowance for loss, and such commission, not exceeding 5 per centum of the whole, as the court deems proper.
(c) When the purpose for which property sequestered under this section is answered, the court shall direct that the estate or property, and the profits, after making the deductions authorized by subsection (b) of this section, be restored to the person from whom the care and custody of the property were taken. When the person is dead, the court shall order the property to be delivered to his heirs, devisees or legal representatives, as soon as the purpose of the sequestration is answered, or immediately, on application, and on satisfying the court of the person’s right, if the purpose, after the death of the original person, can not be answered.
(Dec. 23, 1963, 77 Stat. 599, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(l)(3).)
Prior Codifications
1981 Ed., § 16-3104.
1973 Ed., § 16-3104.
Section References
This section is referenced in § 16-3103, § 16-3105, § 16-3106, and § 16-3107.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3105. Plenary proceeding; refusal to answer as required

§ 16–3105. Plenary proceeding; refusal to answer as required.
When either of the parties having a contest in the Probate Court requires, the court may direct a plenary proceeding, by bill or petition, to which there shall be an answer, on oath or affirmation. If the party, refuses to answer on oath or affirmation, as the case may require, to any matter alleged in the bill or petition, and proper for the court to decide upon, the court may exercise its contempt power, or it may have his property attached and sequestered as provided by section 16-3104 .
(Dec. 23, 1963, 77 Stat. 599, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(l)(2).)
Prior Codifications
1981 Ed., § 16-3105.
1973 Ed., § 16-3105.
Section References
This section is referenced in § 16-3106.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3106. Issues to be made up in plenary proceeding; jury; compelling payment of costs

§ 16–3106. Issues to be made up in plenary proceeding; jury; compelling payment of costs.
In a plenary proceeding provided for by section 16-3105 , the Probate Court shall give judgment, or decree upon the bill an answer, or upon bill, answer, depositions, or finding of the jury. In all cases of contest, the court may award costs to the party deemed entitled thereto, and may compel payment by exercising its contempt power, or by attachment and sequestration of the property as provided by section 16-3104 .
(Dec. 23, 1963, 77 Stat. 600, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 561, Pub. L. 91-358, title I, § 145(l)(2); Mar. 24, 1998, D.C. Law 12-81, § 10(nn), 45 DCR 745.)
Prior Codifications
1981 Ed., § 16-3106.
1973 Ed., § 16-3106.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3107. Enforcement of judgments, orders and decrees; application of property sequestrated

§ 16–3107. Enforcement of judgments, orders and decrees; application of property sequestrated.
The Probate Court may enforce its judgments, orders, decrees, and decisions in the manner provided by sections 16-3103 and 16-3104 . When a judgment, order, decree, or decision is for the payment of money, the court may apply the property sequestrated to the purpose for which the judgment, order, decree, or decision is given.
(Dec. 23, 1963, 77 Stat. 600, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 16-3107.
1973 Ed., § 16-3107.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3108. Ordering investment of funds; revocation of letters for noncompliance

§ 16–3108. Ordering investment of funds; revocation of letters for noncompliance.
The Probate Court may order a personal representative, special administrator, or guardian, whom it has appointed, to bring into court or invest in securities, to be approved by the court, any funds received by the personal representative, special administrator, or guardian. If the party does not, within a reasonable time, to be fixed by the court, comply with the order, the court may revoke his letters.
(Dec. 23, 1963, 77 Stat. 600, Pub. L. 88-241, § 1; Sept. 6, 1980, D.C. Law 3-85, § 5(b), 27 DCR 2900.)
Prior Codifications
1981 Ed., § 16-3108.
1973 Ed., § 16-3108.
2023 District of Columbia Code › Title 16 - Particular Actions, Proceedings and Matters. [Enacted title] › Chapter 31 - Probate Court Proceedings › § 16–3109. Compelling performance of duties by personal representatives, special administrators, etc.; revocation of letters

§ 16–3109. Compelling performance of duties by personal representatives, special administrators, etc.; revocation of letters.
The Probate Court may order a personal representative, special administrator, guardian, or testamentary trustee, who appears to be in default in respect to the rendering of an inventory or account or the fulfillment of a duty in the court, to be summoned to appear therein and fulfill his duty in the premises, on pain of revocation of his power to act. On his appearance, the court may make such order as is just. On his failure to appear, after having been duly summoned, the court may revoke his power to act and make such further order and other appointment as justice requires. If the summons to appear is returned by the marshal “not to be found,” an alias summons shall be mailed to the last-known post-office address of the fiduciary or served upon his attorney of record, if he is within the jurisdiction of the court. On the failure of the fiduciary to appear, the court may revoke his power to act and make such further order and other appointment as justice requires.
(Dec. 23, 1963, 77 Stat. 600, Pub. L. 88-241, § 1; Sept. 6, 1980, D.C. Law 3-85, § 5(b), 27 DCR 2900.)
Prior Codifications
1981 Ed., § 16-3109.
1973 Ed., § 16-3109.