Pleadings - DC Procedure

Question 1

What are the aggressive pleadings in DC?

Answer 1

Civil warrant (printed form with blanks to be filled in with names of P and D and claim asserted)

Motion for judgment.

Unlawful detainer actions use a supplemental affidavit to obtain a summons requiring D to appear.

Question 2

What must pleading contain?

Answer 2

1. Statement approved by Committee on DCs explaining how D may object to venue;
2. A statement advising D that he is not required to appear, but that if he does not, judgment may be granted to P
3. Statement/attachment approved by Committee on DCs explaining how a trial date may be set if case is contested

Question 3

When does tolling of SOL occur for motions for judgment vs. civil warrants?

Answer 3

When motion for judgment is used, SOL ceases to run upon filing of the pleading

When civil warrant used, statute ceases to run upon filing and payment of processing fee to clerk or magistrate.

Question 4

Other pleadings and claims in DC

Answer 4

Usually only the aggressive pleading above, D appears or doesn’t.

Judge can require P to file written bill of particulars on D’s motion to court. May do same to D on defenses raised.

D may before trial assert a counterclaim in writing for damages or money in equity on any claim whether or not it arises out of any transaction mentioned in aggressive pleading. Same goes for cross-claim on matters arising out of aggressive pleading.

Within 10 days of service of an aggressive pleading/counterclaim/cross-claim or before trial date, whichever sooner, P or D may file 3P aggressive pleading on a nonparty who may be liable fully or in part.

Question 5

Discovery in DC - subpoenas

Answer 5

Subpoenas for witnesses must be 10 days before trial; if after, only for good cause

Subpoenas duces tecum must be 15 days before trial; if after, only for good cause; doesn’t apply to those issued by attorneys in civil cases

Question 6

Venue

Answer 6

Same as CC. Objections must be in written form and must be made on or before trial date.

Question 7

Continuances

Answer 7

Not be granted except by and at discretion of judge for good cause shown or unless otherwise provided by law. Judge can delegate to clerk the power to grant continuances. If granted, movant is responsible for alerting all witnesses and giving them new trial date. One requested at time of trial should only be granted if proceeding would not be best interest of justice.

Question 8

Failure to appear = Default

Answer 8

P must be present, either in person or represented by counsel or by a regular, bona fide employee, to recover judgment. If neither party appears, dismissal.

If D appears but not P, D can deny liability under oath and case is dismissed with prejudice.

Question 9

Rehearings

Answer 9

Aggrieved party, following judgment in DC, must appeal if relief is sought. However, on motion made within 30 days after judgment, party may be granted new trial. Court must rule on motion for new trial within 45 days of judgment.

Question 10

Finality/res judicata

Answer 10

NOT A JUDGMENT OF A COURT OF RECORD. Don’t forget! But, still a judgment of a court of competent JDX, and if not appealed, it is binding and conclusive on matters adjudicated and thus as res judicata and collateral estoppel effect.

HOWEVER, unlawful detainer actions both in DC and CCs, a judgment is not preclusive as to later proceedings in trespass or ejectment.