reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 3 - Process and Parties › Subchapter II - Service of Process; Legal Representatives › § 13–337. Personal service outside District in lieu of publication

§ 13–337. Personal service outside District in lieu of publication.
(a) In actions specified by section 13-336, personal service of process may be made on a nonresident defendant out of the District, and the service has the same effect, and no other, as an order of publication duly executed.
(b) The service may be made by any person not a party to or otherwise interested in the subject-matter in controversy. The return shall be made under oath in the District of Columbia, unless the person making the service is a sheriff, deputy sheriff, marshal, or deputy marshal, authorized to serve process where service is made. The return must show the time and place of service and that the defendant so served is a nonresident of the District of Columbia.
(c) The cost and expense of such service of process out of the District shall be borne by the party at whose instance it is made and may not be taxed as part of the costs in the case; but where the service of process is made by an authorized officer of the law specified by this section, the actual and usual cost of the service of process shall be taxed as a part of the costs in the case.
(Dec. 23, 1963, 77 Stat. 514, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 13-337.
1973 Ed., § 13-337.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 3 - Process and Parties › Subchapter II - Service of Process; Legal Representatives › § 13–338. Prerequisites for order of publication

§ 13–338. Prerequisites for order of publication.
An order for the substitution of publication for personal service may not be made until:
(1) A summons for the defendant has been issued and returned "not to be found"; and
(2) The plaintiff proves by affidavit to the satisfaction of the court:
(A) The nonresidence of the defendant or his or her absence for at least 6 months; or
(B) Diligent efforts to find the defendant or that the defendant seeks to avoid service of process by concealment.
(Dec. 23, 1963, 77 Stat. 514, Pub. L. 88-241, § 1; May 10, 2019, D.C. Law 22-313, § 12, 66 DCR 1627.)
Prior Codifications
1981 Ed., § 13-338.
1973 Ed., § 13-338.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 3 - Process and Parties › Subchapter II - Service of Process; Legal Representatives › § 13–339. Form of order of publication

§ 13–339. Form of order of publication.
An order of publication shall be in the following or an equivalent form:
United States District Court for the District of Columbia.
AB, plaintiff,
versus          In ____. No. ____
CD, defendant.
The object of this action is to (state it briefly).
On motion of the plaintiff, it is this ____ day of ____, A.D. ____, ordered that the defendant cause his appearance to be entered herein on or before the fortieth day, exclusive of Sundays and legal holidays, occurring after the day of the first publication of this order; otherwise the cause will be proceeded with as in cause of default.
________ Judge.
(Dec. 23, 1963, 77 Stat. 515, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 13-339.
1973 Ed., § 13-339.
Section References
This section is referenced in § 13-340.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 3 - Process and Parties › Subchapter II - Service of Process; Legal Representatives › § 13–340. Manner of publication; mailing of copy; default; appointment and compensation of guardian and attorney

§ 13–340. Manner of publication; mailing of copy; default; appointment and compensation of guardian and attorney.
(a) An order of publication shall be published at least once a week for three successive weeks, or oftener, or for such further time as the court orders. In child custody proceedings, as defined in [§ 16-4601.01(4)], or actions for divorce in which service by publication is authorized under this chapter, and satisfactory evidence is presented to the court that the plaintiff is unable to pay the cost of publishing an advertisement pursuant to D.C. Offical Code sec. 13-340, without substantial hardship to himself or herself, or to his or her family, the court may direct that such publication may be made by posting the order of publication defined in D.C. Official Code sec. 13-339, for a period of twenty-one calendar days, in the Clerk’s Office of the Family Division of the Superior Court of the District of Columbia.
(b) An order, judgment or decree may not be entered against an absent or nonresident defendant upon proof of notice by publication, unless the plaintiff, his agent, or attorney files in the action an affidavit showing that at least twenty days before applying for the order, judgment or decree he mailed, postpaid, a copy of the advertisement or the order of the publication posted pursuant to subsection (a) of this section, directed to the party therein ordered to appear, at his last known place of residence, or that after diligent effort he has been unable to ascertain the last place of residence of the party.
(c) On failure of the defendant to appear in obedience to the notice within the time stated therein, a judgment or decree by default may be entered.
(d) If the absent or nonresident defendant is an infant, the provisions of the rules of court concerning guardians ad litem and default judgments shall apply, and the court may assign counsel to represent the infant in the manner provided by subsection (a) of section 13-332.
(e) If the absent or nonresident defendant is non compos mentis, the provisions of the rules of court concerning guardians ad litem and default judgments shall apply, and the court shall assign an attorney to represent the defendant, whose compensation shall be paid by the plaintiff, or out of the estate of the defendant, at the discretion of the court.
(Dec. 23, 1963, 77 Stat. 515, Pub. L. 88-241, § 1; Apr. 7, 1977, D.C. Law 1-107, title II, § 201, 23 DCR 8737; Apr. 4, 2017, D.C. Law 21-238, § 501(b), 63 DCR 15312.)
Prior Codifications
1981 Ed., § 13-340.
1973 Ed., § 13-340.
Section References
This section is referenced in § 16-3706.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 3 - Process and Parties › Subchapter II - Service of Process; Legal Representatives › § 13–341. Service by publication on persons unknown to be living or dead and on unknown heirs and devisees

§ 13–341. Service by publication on persons unknown to be living or dead and on unknown heirs and devisees.
(a) When a person would be a proper party to a judicial proceeding if living, and upon allegation under oath and proof satisfactory to the court that it is unknown whether he is living or dead, he may be proceeded against as if he were living, and with like effect, if a representative of or claimant under him does not intervene in the action before final determination thereof, after notice by publication as in the case of nonresident parties.
(b) When a person who would have been a proper party to a judicial proceeding is dead, and it is unknown whether he died testate or left heirs, or his heirs and devisees are unknown, the unknown persons may be described as the heirs or devisees of the person who, if living, would be the proper party. Notice shall be given by publication to them according to that description, and the same proceedings shall be had against them as are had against nonresident defendants, except that:
(1) the notice shall be published at least twice a month for such period, not less than three months without good cause shown, as the court orders, and the notice shall require the parties to appear on or before the day fixed in the notice to appear; and
(2) an order, judgment or decree may not be entered against the parties unless the court is satisfied that due diligence has been used to ascertain the unknown heirs.
(Dec. 23, 1963, 77 Stat. 515, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 13-341.
1973 Ed., § 13-341.
Section References
This section is referenced in § 16-3301.
Cross References
Service of process, limitations, see § 13-331.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter I - General Provisions › § 13–401. Relation to other provisions of law

§ 13–401. Relation to other provisions of law.
Except in cases of irreconcilable conflict, this chapter shall be construed to augment, and not to repeal, any other law of the District of Columbia authorizing another basis of jurisdiction or permitting another procedure for service in civil proceedings in the District of Columbia courts.
(July 29, 1970, 84 Stat. 548, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-401.
1973 Ed., § 13-401.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter I - General Provisions › § 13–402. Uniformity of interpretation

§ 13–402. Uniformity of interpretation.
When the statutory language so permits, this chapter shall be so interpreted and construed as to make it uniform with the laws of those jurisdictions which enact in comparable form the first two articles of the Uniform Interstate and International Procedure Act.
(July 29, 1970, 84 Stat. 548, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-402.
1973 Ed., § 13-402.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter II - Bases of Personal Jurisdiction over Persons Outside the District of Columbia › § 13–421. Definition of person

§ 13–421. Definition of person.
As used in this subchapter, the term “person” includes an individual, his executor, administrator, or other personal representative, or a corporation, partnership, association, or any other legal or commercial entity, whether or not a citizen or domiciliary of the District of Columbia and whether or not organized under the laws of the District of Columbia.
(July 29, 1970, 84 Stat. 549, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-421.
1973 Ed., § 13-421.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter II - Bases of Personal Jurisdiction over Persons Outside the District of Columbia › § 13–422. Personal jurisdiction based upon enduring relationship

§ 13–422. Personal jurisdiction based upon enduring relationship.
A District of Columbia court may exercise personal jurisdiction over a person domiciled in, organized under the laws of, or maintaining his or its principal place of business in, the District of Columbia as to any claim for relief.
(July 29, 1970, 84 Stat. 549, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-422.
1973 Ed., § 13-422.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter II - Bases of Personal Jurisdiction over Persons Outside the District of Columbia › § 13–423. Personal jurisdiction based upon conduct

§ 13–423. Personal jurisdiction based upon conduct.
(a) A District of Columbia court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a claim for relief arising from the person’s —
(1) transacting any business in the District of Columbia;
(2) contracting to supply services in the District of Columbia;
(3) causing tortious injury in the District of Columbia by an act or omission in the District of Columbia;
(4) causing tortious injury in the District of Columbia by an act or omission outside the District of Columbia if he regularly does or solicits business, engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed, or services rendered, in the District of Columbia;
(5) having an interest in, using, or possessing real property in the District of Columbia;
(6) contracting to insure or act as surety for or on any person, property, or risk, contract, obligation, or agreement located, executed, or to be performed within the District of Columbia at the time of contracting, unless the parties otherwise provide in writing; or
(7) marital or parent and child relationship in the District of Columbia if:
(A) the plaintiff resides in the District of Columbia at the time the suit is filed;
(B) such person is personally served with process; and
(C) in the case of a claim arising from a marital relationship:
(i) the District of Columbia was the matrimonial domicile of the parties immediately prior to their separation, or
(ii) the cause of action to pay spousal support arose under the laws of the District of Columbia or under an agreement executed by the parties in the District of Columbia; or
(D) in the case of a claim affecting the parent and child relationship:
(i) the child was conceived in the District of Columbia and such person is the parent or alleged parent of the child;
(ii) the child resides in the District of Columbia as a result of the acts, directives, or approval of such person; or
(iii) such person has resided with the child in the District of Columbia.
(E) Notwithstanding the provisions of subparagraphs (A) through (D), the court may exercise personal jurisdiction if there is any basis consistent with the United States Constitution for the exercise of personal jurisdiction.
(b) When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against him.
(July 29, 1970, 84 Stat. 549, Pub. L. 91-358, title I, § 132(a); Mar. 10, 1983, D.C. Law 4-200, § 4, 30 DCR 125.)
Prior Codifications
1981 Ed., § 13-423.
1973 Ed., § 13-423.
Section References
This section is referenced in § 48-804.02.
Cross References
Tortious injury in the District of Columbia, unfair trade practices, damages, see § 48-804.02.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter II - Bases of Personal Jurisdiction over Persons Outside the District of Columbia › § 13–424. Service outside the District of Columbia

§ 13–424. Service outside the District of Columbia.
When the exercise of personal jurisdiction is authorized by this subchapter, service may be made outside the District of Columbia.
(July 29, 1970, 84 Stat. 549, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-424.
1973 Ed., § 13-424.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter II - Bases of Personal Jurisdiction over Persons Outside the District of Columbia › § 13–425. Inconvenient forum

§ 13–425. Inconvenient forum.
When any District of Columbia court finds that in the interest of substantial justice the action should be heard in another forum, the court may stay or dismiss such civil action in whole or in part on any conditions that may be just.
(July 29, 1970, 84 Stat. 549, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-425.
1973 Ed., § 13-425.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter III - Service Outside the District of Columbia › § 13–431. Manner and proof of service

§ 13–431. Manner and proof of service.
(a) When the law of the District of Columbia authorizes service outside the District of Columbia, the service, when reasonably calculated to give actual notice, may be made —
(1) by personal delivery in the manner prescribed for service within the District of Columbia;
(2) in the manner prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction;
(3) by any form of mail addressed to the person to be served and requiring a signed receipt; or
(4) as directed by the foreign authority in response to a letter rogatory.
(b) Proof of service outside the District of Columbia may be made by affidavit of the individual who made the service or in the manner prescribed by the law of the District of Columbia, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court.
(July 29, 1970, 84 Stat. 549, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-431.
1973 Ed., § 13-431.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter III - Service Outside the District of Columbia › § 13–432. Individuals eligible to make service

§ 13–432. Individuals eligible to make service.
Service outside the District of Columbia may be made by an individual who is permitted to make service of process under the law of the District of Columbia or under the law of the place in which the service is made or who is designated by a District of Columbia court.
(July 29, 1970, 84 Stat. 550, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-432.
1973 Ed., § 13-432.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter III - Service Outside the District of Columbia › § 13–433. Individuals to be served; special cases

§ 13–433. Individuals to be served; special cases.
When the law of the District of Columbia requires that in order to effect service one or more designated individuals be served, service outside the District of Columbia under this article must be made upon such designated individual or individuals.
(July 29, 1970, 84 Stat. 550, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-433.
1973 Ed., § 13-433.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4 - Civil Jurisdiction and Service Outside the District of Columbia › Subchapter III - Service Outside the District of Columbia › § 13–434. Assistance to tribunals and litigants outside the District of Columbia

§ 13–434. Assistance to tribunals and litigants outside the District of Columbia.
(a) A District of Columbia court may order service upon any person who is domiciled or can be found within the District of Columbia of any document issued in connection with a proceeding in a tribunal outside the District of Columbia. The order may be made upon application of any interested person or in response to a letter rogatory issued by a tribunal outside the District of Columbia and shall direct the manner of service.
(b) Service in connection with a proceeding in a tribunal outside the District of Columbia may be made within the District of Columbia without an order of court.
(c) Service under this section does not, of itself, require the recognition or enforcement of an order, judgment, or decree rendered outside the District of Columbia.
(July 29, 1970, 84 Stat. 550, Pub. L. 91-358, title I, § 132(a).)
Prior Codifications
1981 Ed., § 13-434.
1973 Ed., § 13-434.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–441. Short title

§ 13–441. Short title.
This chapter may be cited as the “Uniform Interstate Depositions and Discovery Act”.
(May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)
Editor's Notes
Uniform Law: This section is based upon § 1 of the Uniform Interstate Depositions and Discovery Act.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–442. Definitions

§ 13–442. Definitions.
For the purposes of this chapter, the term:
(1) “Foreign jurisdiction” means a state other than the District of Columbia.
(2) “Foreign subpoena” means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(4) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(5) “Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to:
(A) Attend and give testimony at a deposition;
(B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(C) Permit inspection of premises under the control of the person.
(6) “Superior Court” means the Superior Court of the District of Columbia.
(May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)
Editor's Notes
Uniform Law: This section is based upon § 2 of the Uniform Interstate Depositions and Discovery Act.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–443. Issuance of subpoena

§ 13–443. Issuance of subpoena.
(a) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena and a copy of the sworn statement required under § 13-449(b) [§ 13-449] to the Clerk of the Superior Court. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of the District of Columbia.
(b) Except as provided in subsection (d) of this section, when a party submits a foreign subpoena to the Clerk of the Superior Court, the clerk, in accordance with the Rules of the Superior Court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(c) A subpoena under subsection (b) of this section shall:
(A) Incorporate the terms used in the foreign subpoena; and
(B) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
(d) If a party submits a document to the Clerk of the Superior Court that would be a valid foreign subpoena except that the party seeking enforcement and their counsel refuse to provide the affirmation required by § 13-449, then the Clerk shall not issue the requested subpoena and shall instead issue to the person to whom the document is directed a copy of the document and a notice of violation of § 13-449 on a form developed by the Clerk of the Superior Court.
(May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552; Feb. 23, 2023, D.C. Law 24-257, § 201(b), 69 DCR 14641.)
Editor's Notes
Uniform Law: This section is based upon § 3 of the Uniform Interstate Depositions and Discovery Act.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–444. Service of subpoena

§ 13–444. Service of subpoena.
A subpoena issued by a Clerk of Superior Court under § 13-443 shall be served in compliance with § 11-942 and applicable rules of the Superior Court for the service of subpoenas.
(May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)
Editor's Notes
Uniform Law: This section is based upon § 4 of the Uniform Interstate Depositions and Discovery Act.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–445. Deposition, production, and inspection

§ 13–445. Deposition, production, and inspection.
The rules of the Superior Court applicable to compliance with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises apply to subpoenas issued under § 13-443.
(May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)
Editor's Notes
Uniform Law: This section is based upon § 5 of the Uniform Interstate Depositions and Discovery Act.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–446. Application to Superior Court

§ 13–446. Application to Superior Court.
An application to the Superior Court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 13-443 shall comply with the Rules of the Superior Court and laws of the District and shall be submitted to the Superior Court.
(May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)
Editor's Notes
Uniform Law: This section is based upon § 6 of the Uniform Interstate Depositions and Discovery Act.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–447. Uniformity of application and construction

§ 13–447. Uniformity of application and construction.
In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it[.]
(May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)
Editor's Notes
Uniform Law: This section is based upon § 7 of the Uniform Interstate Depositions and Discovery Act.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–448. Application to pending actions

§ 13–448. Application to pending actions.
This chapter applies to requests for discovery in cases pending on May 22, 2010.
(May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552.)
Editor's Notes
Uniform Law: This section is based upon § 8 of the Uniform Interstate Depositions and Discovery Act.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 4A - Interstate Depositions and Discovery; Uniform Act › § 13–449. Affirmation of noninterference with bodily autonomy

§ 13–449. Affirmation of noninterference with bodily autonomy.
A subpoena issued under the authority of a court of record of a foreign jurisdiction shall not be recognized as a valid foreign subpoena unless it is accompanied by a sworn written statement signed by the party seeking enforcement or their counsel under penalty of perjury that no portion of the subpoena is intended or anticipated to further any investigation or proceeding of a type described in § 2-1441.02(a) [§ 2-1461.01(a)].
(Feb. 23, 2023, D.C. Law 24-257, § 201(c), 69 DCR 14641.)
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 5 - Counterclaims › § 13–501. Counterclaim by way of set-off as an action by defendant

§ 13–501. Counterclaim by way of set-off as an action by defendant.
In a civil action, a defendant who files a counterclaim by way of set-off shall be deemed to have brought an action at the time of filing the counterclaim for the matters mentioned therein.
(Dec. 23, 1963, 77 Stat. 516, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 13-501.
1973 Ed., § 13-501.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 5 - Counterclaims › § 13–502. Effect of assignment

§ 13–502. Effect of assignment.
When cross-demands have existed between persons under such circumstances that if one had brought an action against the other a counterclaim could have been pleaded, neither can be deprived of the benefit thereof by an assignment by the other; but in an action by the assignee of a nonnegotiable debt the defendant may set off by counterclaim any indebtedness to him of the assignor, existing before notice of the assignment, as well as any indebtedness to him of the plaintiff.
(Dec. 23, 1963, 77 Stat. 516, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 13-502.
1973 Ed., § 13-502.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 5 - Counterclaims › § 13–503. Action against principal and sureties

§ 13–503. Action against principal and sureties.
In an action against principal and sureties, an indebtedness of the plaintiff to the principal may be set off by counterclaim as if he were the sole defendant. When the indebtedness so set off exceeds the plaintiff’s demand, the judgment for the excess shall be in favor of the defendant who is sued as principal.
(Dec. 23, 1963, 77 Stat. 516, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 13-503.
1973 Ed., § 13-503.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 5 - Counterclaims › § 13–504. Action by trustee

§ 13–504. Action by trustee.
When the plaintiff in a civil action is trustee for another, or has no actual interest in the contract on which the action is founded, a demand against the plaintiff may not be pleaded by way of counterclaim, but a demand against the person whom he represents or for whose benefit the action is brought may be pleaded.
(Dec. 23, 1963, 77 Stat. 516, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 13-504.
1973 Ed., § 13-504.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 5 - Counterclaims › § 13–505. Action by or against executor or administrator

§ 13–505. Action by or against executor or administrator.
In an action against an executor or administrator, in his representative capacity, the defendant may plead, by way of counterclaim, a demand belonging to the decedent where he would have been entitled to rely upon the demand in an action against him; and in an action brought by an executor or administrator, in his representative capacity, a demand against the decedent, belonging at the time of his death to the defendant, may be pleaded by way of counterclaim, as if the action had been brought by the decedent in his lifetime.
(Dec. 23, 1963, 77 Stat. 516, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 13-505.
1973 Ed., § 13-505.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 7 - Trial. [Repealed] › § 13–701. Special juries in District Court. [Repealed]

§ 13–701. Special juries in District Court. [Repealed]
Repealed.
(Mar. 27, 1968, 82 Stat. 62, Pub. L. 90-274, § 103(a).)
Prior Codifications
1981 Ed., § 13-701.
2023 District of Columbia Code › Title 13 - Procedure Generally. [Enacted title] › Chapter 7 - Trial. [Repealed] › § 13–702. Jury trials in civil cases in Court of General Sessions. [Repealed]

§ 13–702. Jury trials in civil cases in Court of General Sessions. [Repealed]
Repealed.
(July 29, 1970, 84 Stat. 552, Pub. L. 91-358, title I, § 142(5)(A).)
Prior Codifications
1981 Ed., § 13-702.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 1 - Evidence Generally; Depositions › § 14–101. Evidence under oath; affirmation in lieu of oath; perjury

§ 14–101. Evidence under oath; affirmation in lieu of oath; perjury.
(a) All evidence shall be given under oath according to the forms of the common law.
(b) A witness who has conscientious scruples against taking an oath, may, in lieu thereof, solemnly, sincerely, and truly declare and affirm. Where an application, statement, or declaration is required to be supported or verified by an oath, the affirmation is the equivalent of an oath.
(c) Whoever swears, affirms, declares, or gives testimony in any form, where an oath is authorized by law, is lawfully sworn, and is guilty of perjury in a case where he would be guilty of that crime if sworn according to the forms of the common law.
(Dec. 23, 1963, 77 Stat. 517, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 14-101.
1973 Ed., § 14-101.
Editor's Notes
Section 26 of D.C. Law 15-354 provided that Title 14 is designated Title 14 of the District of Columbia Official Code.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 1 - Evidence Generally; Depositions › § 14–102. Impeachment of witnesses

§ 14–102. Impeachment of witnesses.
(a) The credibility of a witness may be attacked by any party, including the party calling the witness.
(b) A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement and the statement is (1) inconsistent with the declarant’s testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (2) consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the witness of recent fabrication or improper influence or motive, or (3) an identification of a person made after perceiving the person. Such prior statements are substantive evidence.
(Dec. 23, 1963, 77 Stat. 518, Pub. L. 88-241, § 1; May 23, 1995, D.C. Law 10-256, § 4, 42 DCR 20; Apr. 18, 1996, D.C. Law 11-110, § 23, 43 DCR 530.)
Prior Codifications
1981 Ed., § 14-102.
1973 Ed., § 14-102.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 1 - Evidence Generally; Depositions › § 14–103. Depositions for use in State and Territorial Courts

§ 14–103. Depositions for use in State and Territorial Courts.
When a commission is issued or notice given to take the testimony of a witness found within the District of Columbia, to be used in an action pending in a court of a State, territory, commonwealth, possession, or place under the jurisdiction of the United States, the testimony may be taken by leave of a judge of the United States District Court in like manner and with like effect as other depositions are taken in United States district courts, or by leave of a judge of the Superior Court of the District of Columbia in the manner prescribed by the rules of that court.
(Dec. 23, 1963, 77 Stat. 518, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 552, Pub. L. 91-358, title I, § 143(1).)
Prior Codifications
1981 Ed., § 14-103.
1973 Ed., § 14-103.
Cross References
Depositions in criminal cases, see § 23-108.
Depositions in Probate Court, see § 16-3110.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 1 - Evidence Generally; Depositions › § 14–104. Testimony of nonresident witnesses for use in Superior Court

§ 14–104. Testimony of nonresident witnesses for use in Superior Court.
If the testimony of nonresident witnesses is required by either party to a civil action or proceeding in the Superior Court of the District of Columbia the Court, upon motion designating the names of the witnesses, may appoint an examiner to take their testimony, to whom it shall issue a commission. The testimony shall be taken as provided in the rules of the Superior Court.
(Dec. 23, 1963, 77 Stat. 518, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 552, Pub. L. 91-358, title I, § 143(2)(A).)
Prior Codifications
1981 Ed., § 14-104.
1973 Ed., § 14-104.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–301. Parties and other interested persons generally

§ 14–301. Parties and other interested persons generally.
Except as otherwise provided by law, a person is not incompetent to testify in a civil action or proceeding by reason of his being a party thereto or interested in the result thereof. If otherwise competent to testify, he is competent to give evidence on his own behalf and competent and compellable to give evidence on behalf of any other party to the action or proceeding.
(Dec. 23, 1963, 77 Stat. 518, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 14-301.
1973 Ed., § 14-301.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–302. Testimony against deceased or incapable person

§ 14–302. Testimony against deceased or incapable person.
(a) In a civil action against:
(1) a person who, from any cause, is legally incapable of testifying, or
(2) the committee, trustee, executor, administrator, heir, legatee, devisee, assignee, or other representative of a deceased person or of a person so incapable of testifying, a judgment or decree may not be rendered in favor of the plaintiff founded on the uncorroborated testimony of the plaintiff or of the agent, servant, or employee of the plaintiff as to any transaction with, or action, declaration or admission of, the deceased or incapable person.
(b) In an action specified by subsection (a) of this section, if the plaintiff or his agent, servant, or employee, testifies as to any transaction with, or action, declaration, or admission of, the deceased or incapable person, an entry, memorandum, or declaration, oral or written, by the deceased or incapable person, made while he was capable and upon his personal knowledge, may not be excluded as hearsay.
(Dec. 23, 1963, 77 Stat. 519, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 14-302.
1973 Ed., § 14-302.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–303. Testimony of deceased or incapable person

§ 14–303. Testimony of deceased or incapable person.
When a party, after having testified at a time while he was competent to do so, dies or becomes incapable of testifying, his testimony may be given in evidence in any trial or hearing in relation to the same subject-matter between the same parties or their legal representatives, as the case may be; and in such a case the opposite party may testify in opposition thereto.
(Dec. 23, 1963, 77 Stat. 519, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 14-303.
1973 Ed., § 14-303.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–304. Death or incapacity of partner or other interested person

§ 14–304. Death or incapacity of partner or other interested person.
Where any of the original parties to a contract or transaction which is the subject of investigation are partners or other joint contractors, or jointly entitled or liable, and some of them have died or become incapable of testifying, any others with whom the contract or transaction was personally made or had, or in whose presence or with whose privity it was made or had, or admissions in relation to the same were made, are not, nor is the adverse party, incompetent to testify because some of the parties or joint contractors, or those jointly entitled or liable, have died or become incapable of testifying.
(Dec. 23, 1963, 77 Stat. 519, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 14-304.
1973 Ed., § 14-304.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–305. Competency of witnesses; impeachment by evidence of conviction of crime

§ 14–305. Competency of witnesses; impeachment by evidence of conviction of crime.
(a) No person is incompetent to testify, in either civil or criminal proceedings, by reason of his having been convicted of a criminal offense.
(b)(1) Except as provided in paragraph (2), for the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a criminal offense shall be admitted if offered, either upon the cross-examination of the witness or by evidence aliunde, but only if the criminal offense (A) was punishable by death or imprisonment in excess of one year under the law under which he was convicted, or (B) involved dishonesty or false statement (regardless of punishment). A party establishing conviction by means of cross-examination shall not be bound by the witness’ answers as to matters relating to the conviction.
(2)(A) Evidence of a conviction of a witness is inadmissible under this section if —
(i) the conviction has been the subject of a pardon, annulment, or other equivalent procedure granted or issued on the basis of innocence, or
(ii) the conviction has been the subject of a certificate of rehabilitation or its equivalent and such witness has not been convicted of a subsequent criminal offense.
(B) In addition, no evidence of any conviction of a witness is admissible under this section if a period of more than ten years has elapsed since the later of (i) the date of the release of the witness from confinement imposed for his most recent conviction of any criminal offense, or (ii) the expiration of the period of his parole, probation, or sentence granted or imposed with respect to his most recent conviction of any criminal offense.
(c) For purposes of this section, to prove conviction of crime, it is not necessary to produce the whole record of the proceedings containing the conviction, but the certificate, under seal, of the clerk of the court wherein the proceedings were had, stating the fact of the conviction and for what cause, shall be sufficient.
(d) The pendency of an appeal from a conviction does not render evidence of that conviction inadmissible under this section. Evidence of the pendency of such an appeal is admissible.
(Dec. 23, 1963, 77 Stat. 519, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 550, Pub. L. 91-358, title I, § 133(a).)
Prior Codifications
1981 Ed., § 14-305.
1973 Ed., § 14-305.
Section References
This section is referenced in § 24-906.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–308. Assessment officials as expert witnesses in condemnation proceedings

§ 14–308. Assessment officials as expert witnesses in condemnation proceedings.
In an action for the condemnation of lands, an official or other employee of the District, charged with the duty of appraising real property for assessment purposes, is not disqualified, by reason of the fact that he is so employed, from testifying as an expert witness to the market value of lands, and as to benefits.
(Dec. 23, 1963, 77 Stat. 520, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 14-308.
1973 Ed., § 14-308.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–309. Clergy

§ 14–309. Clergy.
A priest, clergyman, rabbi, or other duly licensed, ordained, or consecrated minister of a religion authorized to perform a marriage ceremony in the District of Columbia or duly accredited practitioner of Christian Science may not be examined in any civil or criminal proceedings in the Federal courts in the District of Columbia and District of Columbia courts with respect to any —
(1) confession, or communication, made to him, in his professional capacity in the course of discipline enjoined by the church or other religious body to which he belongs, without the consent of the person making the confession or communication; or
(2) communication made to him, in his professional capacity in the course of giving religious or spiritual advice, without the consent of the person seeking the advice; or
(3)(A) communication made to him, in his professional capacity, by either spouse or domestic partner, in connection with an effort to reconcile estranged spouses or domestic partners, without the consent of the spouse or domestic partner making the communication.
(B) for the purposes of this paragraph, the term “domestic partner” shall have the same meaning as provided in § 32-701(3).
(Dec. 23, 1963, 77 Stat. 520, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 143(4); Apr. 4, 2006, D.C. Law 16-79, § 2(c), 53 DCR 1035.)
Prior Codifications
1981 Ed., § 14-309.
1973 Ed., § 14-309.
Effect of Amendments
D.C. Law 16-79 rewrote par. (3) which had read as follows: “(3) communication made to him, in his professional capacity, by either spouse, in connection with an effort to reconcile estranged spouses, without the consent of the spouse making the communication.”
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 5 - Documentary Evidence › § 14–501. Proof of record

§ 14–501. Proof of record.
An exemplification of a record under the hand of the keeper of the record, and the seal of the court or office where the record is made, is good and sufficient evidence to prove a record made or entered in any State, territory, commonwealth or possession of the United States. The certificate of the person purporting to be the keeper of the record, accompanied by the seal, is prima facie evidence of that fact.
(Dec. 23, 1963, 77 Stat. 520; Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 14-501.
1973 Ed., § 14-501.
Cross References
Certificate of incorporation, presumptive evidence of facts stated in certified copies, see § 29-201.36.
Corporate stock books, presumptive evidence of facts, see § 29-201.26.
Department of Insurance and Securities Regulation records, certified copies as evidence, see § 3-3616.
Domestic life insurance company, presumptive evidence of facts contained in stock book, see § 31-4415.
Fraternal benefit association, articles of association as prima facie evidence of existence and due incorporation, see § 31-5709.
Fraternal benefit association, original policies of liability of successor corporation as prima facie evidence upon division of insurance business, see § 31-5725.
Insurance superintendent, effect of authentication of papers, see § 31-4301.
Public Utilities Commission, transcribed copy of proceedings, admissibility as evidence, see § 43-622.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 5 - Documentary Evidence › § 14–502. Records of deeds, instruments, and wills

§ 14–502. Records of deeds, instruments, and wills.
Under the hand of the keeper of a record and the seal of the court or office in which the record was made:
(1) a copy of the record of a deed, or other written instrument not of a testamentary character, where the laws of the State, territory, commonwealth, possession or country where it was recorded require such a record, and that has been recorded agreeably to those laws; and
(2) a copy of a will that the laws require to be admitted to probate and record by judicial decree, and of the decree of the court admitting the will to probate and record —
are good and sufficient prima facie evidence to prove the existence and contents of the deed, will, or other written instrument, and that it was executed as it purports to have been executed.
(Dec. 23, 1963, 77 Stat. 521, Pub. L. 88-241, § 1.)
Prior Codifications
1981 Ed., § 14-502.
1973 Ed., § 14-502.
Cross References
Irregular deeds legalized, see § 42-408.
Surveyor’s records, transcript, see § 1-1311.
2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 5 - Documentary Evidence › § 14–503. Record of will as prima facie evidence of contents and execution

§ 14–503. Record of will as prima facie evidence of contents and execution.
A record of a will or codicil recorded in the office of the Register of Wills of the District of Columbia, that has been admitted to probate by a court in the District of Columbia, or a record of the transcript of the record and probate of a will or codicil elsewhere, or of a certified copy thereof filed in the office of the Register of Wills, is prima facie evidence of the contents and due execution of the will or codicil.
(Dec. 23, 1963, 77 Stat. 521, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 553, Pub. L. 91-358, title I, § 143(5).)
Prior Codifications
1981 Ed., § 14-503.
1973 Ed., § 14-503.