District of Columbia Service of Process Rules
District of Columbia
State Serve Rules
Affidavit
Notary
Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve incapacitated individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
Under 16, individual and parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Court order required
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - TM
If a notice is served by posting a copy on the premises, a photograph of the posted notice must be submitted to the court. The photograph must have a readable timestamp that indicates the date and time of when the summons was posted. If the landlord knows the tenant speaks a primary language other than English or Spanish that is covered under § 2-1933, the landlord must provide the notice in that language.
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No (sub serve individual must be 16+)
Mail SLA
3 days
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible (after two attempts)
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
First class mail; to the premises sought to be recovered, addressed in the name of the person known to be in possession of the premises, or, if unknown, addressed in the name of the person occupying the premises, within 3 calendar days of the date of posting.
Mail always?
Yes
Mail SLA
3 days
Proof Specialists
Server/Marshal Required?
Server
**Notary:** Required
**Civil Subpoenas must be personally served.**
**Can serve on Sundays**
**Can serve pursuant to DC rules or rules of state where documents are served**
**INDIVIDUAL**
+ Personal
+ Substituted
- Dwelling/house/Usual place of abode
- Co-resident of suitable age and discretion
+ Agent
- As long as agent states that they are authorized to accept service
**PARTNERSHIPS AND UNINCORPORATED ASSOCIATIONS**
+ Registered agent, clerk on duty in the office of a registered agent, partner or general partner
- Substituted service per above upon the registered agent, officer, or director
- Sub service on any clerk or agent of the corporation who may be found in the county where the action is filed
**Hybrid Serve - (D.C. Code § 42-3206)** **To complete service under D.C. law:**
+ Personal service must be attempted first
+ If the tenant cannot be found and no suitable person is present, posting is permitted
+ A copy of the notice must be mailed to the premises within 3 calendar days of posting
+ Note: Proof handles mailing automatically for this job if posting occurs
**D.C. case law also requires that service be attempted with diligence:**
+ Courts interpret this to mean two personal service attempts
+ Attempts should occur on different days and at different times of day
+ These efforts demonstrate a good-faith attempt to locate the tenant before posting is used
**Legal references:**
*Parker v. Frank Emmet Real Estate, 451 A.2d 62 (D.C. 1982)*
*Frank Emmet Real Estate v. Monroe, 562 A.2d 134 (D.C. 1989)*
**CORPORATIONS/LLC/PARTNERSHIP**
+ Registered agent, clerk on duty in the office of a registered agent, officer, partner, member/manager or director of the corporation
- Substituted service per above upon the registered agent, officer, or director
**MINOR**
+ Must serve minor individually AND if under 16, also:
- Person with whom they reside
**INCAPACITED PERSON**
+ Must serve incapacited person personally AND their committee, if one exists
**POSTING (EVICTIONS)**
+ Allowed
+ Mail copy in addition to posting
