District of Columbia Service and Proof of Service Rules

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Applies to

Motion

The motion must be served in accordance with regular practice.

Service of the motion shall be in accordance with regular practice

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Applies to

Highly sensitive document

An HSD may be served by any method specified in Federal Rule of Civil Procedure 5(b)(2) or Federal Rule of Criminal Procedure 49(a)(4).

service of the HSD may be made by any manner specified in Fed. R. Civ. P. 5(b)(2) or Fed. R. Crim. P. 49(a)(4).

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Civil cases

Service

Other to all parties ?

A defendant removing an action to this Court must refile as a supplement to the petition any answer and must promptly ensure that all parties receive a copy of this Standing Order.

Summary: A removing defendant must promptly ensure all parties receive a copy of the Standing Order.

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Civil cases

Applies to

Statement of material facts ?

Service

Electronic service to opposing party ?

Following the filing of this document with the Court, the moving party shall promptly provide an electronic copy in editable format to the opposing party.

Summary: After filing the Statement of Material Facts, the moving party must promptly provide an editable electronic copy to the opposing party.

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Civil cases

Applies to

Counter statement of disputed facts ?

Service

Electronic service to other ?

Following the filing of this document with the Court, the opposing party shall promptly provide an electronic copy in editable format to the moving party.

Summary: After filing the Counter-Statement, the opposing party must promptly provide an editable electronic copy to the moving party.

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Applies to

Restricted document

Service

Other

Because restricted documents filed in CM/ECF are no longer accessible or viewable electronically, service of those documents can no longer be accomplished through CM/ECF. The Court will serve restricted documents by other appropriate means as provided by the Federal Rules of Procedure.

Summary: Service of restricted documents cannot be done through CM/ECF; the court will serve by other means per FRCP.

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Civil cases

Applies to

Motion for relief ?

Service

Email to government attorney and civil division ?

Any party seeking relief from this Order in any particular civil action or civil miscellaneous matter, shall, in addition to serving the government attorney of record, serve the Civil Division of the U.S. Attorney's Office for the District of Columbia by electronic mail at USADC.ServiceCivil@usdoj.gov with the papers seeking such relief,

Summary: Parties seeking relief from this order must serve the government attorney and the Civil Division by email at USADC.ServiceCivil@usdoj.gov.

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Civil cases

Applies to

Motion for TRO or PI ?

Service

Email to Civil Division and Civil Chief ?

any such motions seeking relief against the United States shall be served promptly on the Civil Division of the U.S. Attorney's Office for the District of Columbia by electronic mail at USADC.ServiceCivil@usdoj.gov and on the Civil Chief for the U.S. Attorney's Office for the District of Columbia, whose email address is linked on the Civil Division's webpage: https://www.justice.gov/usao-de/civil-division;

Summary: Motions for TRO or preliminary injunction against the United States must be served promptly by email on the Civil Division and the Civil Chief.

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Civil cases

Service

Other ?

Parties with counsel must serve documents upon pro se parties in paper form.

Summary: Service on pro se parties must be in paper form.

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Service

Electronic service

An attorney or pro se party who obtains a CM/ECF password consents to electronic service of all documents, subsequent to the original complaint, that are filed by electronic means pursuant to Fed. R. Civ. P. 5(b)(2)(E). Such counsel and pro se parties are responsible for monitoring their e-mail accounts, and, upon receipt of notice of an electronic filing, for retrieving the noticed filing.

Summary: Obtaining a CM/ECF password constitutes consent to electronic service; parties must monitor email and retrieve filings.

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Service

Electronic service to all parties ?

Electronically filing a document operates to effect service of the document on pro se parties who have obtained CM/ECF passwords and on all counsel. Pro se parties who have not obtained CM/ECF passwords must serve and be served as otherwise provided in Fed. R. Civ. P. 5(b).

Summary: Electronic filing serves all counsel and pro se parties with CM/ECF passwords; pro se without passwords must be served under FRCP 5(b).

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Applies to

Service of process

Service

Mail to respondent ?

Service of process under these Rules shall be made by certified mail addressed to the attorney (hereinafter attorney or respondent) at the last known address or at the last recorded address filed with the Clerk of the Court as required pursuant to LCvR 83.8(g). If service cannot be so made, service shall be sufficient when served on the Clerk of this Court and all time periods specified in these Rules shall run from the time of such service.

Summary: Service of process must be by certified mail; if that fails, service on the Clerk is sufficient and time periods run from that service.

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Service

Personal service ?

An attorney who has appeared in a criminal case may thereafter withdraw only by written motion served upon the defendant personally or at the defendant's last-known address, and upon all other parties.

Summary: Motion to withdraw must be served personally or by mail on the defendant and on all other parties.

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Service

Electronic service ?

Electronically filing a document operates to effect service of the document on pro se parties who have obtained CM/ECF passwords and on all counsel. Pro se parties who have not obtained CM/ECF passwords must serve and be served as otherwise provided in Federal Rule of Criminal Procedure 49.

Summary: E-filing constitutes service on all counsel and pro se parties with CM/ECF passwords; others must be served per FRCP 49.

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Applies to

Pre initial appearance criminal document ?

Service

Paper to all parties ?

If service is required, service of such a document in a criminal matter filed prior to a defendant’s initial appearance shall be in paper form and shall be accomplished as otherwise provided in the Federal Rules of Criminal Procedure.

Summary: Service of pre-initial appearance criminal documents must be in paper form, as provided in FRCP.

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Applies to

Application for relief ?

Service

Other to all parties ?

An application that pertains to a criminal case or matter to which a judge has been assigned shall be served on the parties and shall be referred by the Clerk to the assigned judge for determination.

Summary: Applications for relief in criminal cases must be served on the parties.

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Service

Other ?

The summons and a copy of the charges shall be served in accordance with these Rules.

Summary: Summons and charges must be served in accordance with the Rules.

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Civil cases

Service

Other ?

Plaintiff(s) must promptly serve the complaint on Defendant(s) in accordance with Federal Rule of Civil Procedure 4 and file proof of service in accordance with Rules of the United States District Court for the District of Columbia (“Local Civil Rules”) Rule 5.3.

Summary: Plaintiff must serve complaint per FRCP 4 and file proof of service per Local Rule 5.3.

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Civil cases

Applies to

Consent form ?

Service

Personal service to all parties ?

The plaintiff shall be instructed to serve a copy of the Notice and Consent or Declination Form, along with the summons, upon all other parties in the action.

Summary: Plaintiff must serve Notice and Consent/Declination Form with summons on all other parties.

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Service

Other

Proof of service of papers required or permitted to be served, other than those for which a different method of proof is prescribed by the Federal Rules of Civil Procedure or by statute, shall be filed with such papers. The proof shall show the date and manner of service and may be by certificate of an attorney of record or other proof satisfactory to the Court. Failure to make proof of service does not affect the validity of service. The Court may at any time allow the proof to be amended or supplied, unless to do so would unfairly prejudice a party.

Summary: Proof of service must be filed with papers, showing date and manner; failure to file does not affect validity; court may allow amendment.

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Service

Electronic service ?

The requirement of a certificate of service or other proof of service is satisfied by the automatic notice of filing sent by the CM/ECF software to pro se parties who have obtained CM/ECF passwords and to counsel. A separate certificate of service or other proof of service showing that a paper copy was served on a party is required when that party does not receive electronic notification of filings.

Summary: Automatic CM/ECF notice satisfies certificate of service requirement for parties receiving electronic notification; separate certificate required for paper copies.

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Applies to

Documents filed under exception ?

Service

Mail

A document or item filed pursuant to this subsection shall be served, if it is necessary to serve it, by mail or by hand delivery, unless the parties have otherwise agreed.

Summary: Documents filed under this exception must be served by mail or hand delivery unless otherwise agreed.

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Deadline

7 calendar days ?

Applies to

Deposition notice ?

Service

Other to all parties ?

Service of a notice of deposition seven days in advance of the date set for taking the deposition shall constitute 'reasonable notice' to a party as required by Fed. R. Civ. P. 30(b), unless the deposition is to be taken at a place more than 50 miles from the District of Columbia, in which case 14 days shall constitute reasonable notice. The computation of time under this Rule shall be governed by Fed. R. Civ. P. 6. The Court may enlarge or shorten the time on application of a party for good cause shown. Nothing in this Rule modifies the provision in Fed. R. Civ. P. 32(a), prohibiting the use of depositions against certain parties who with due diligence are unable to obtain counsel to represent them, or against parties with less than 14 days' notice who file a motion for protective order.

Summary: Service of deposition notice requires 7 days' notice (14 days if deposition is more than 50 miles from D.C.), with computation under FRCP 6.

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Applies to

Withdrawal document ?

Service

Other to other ?

with proof of service on the pro se litigant

Summary: Proof of service on the pro se litigant is required for notices and motions for withdrawal.

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Applies to

Response

Service

Mail to respondent ?

The Committee shall serve a copy of its response, if any, upon the respondent or respondent's counsel of record by first class mail or, failing that, in accordance with LCvR 83.16(a).

Summary: The Committee must serve its response on the respondent by first class mail, or if that fails, in accordance with LCvR 83.16(a).

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Service

Other ?

The opposition shall be served on the Secretary by the most expeditious means available.

Summary: Opposition must be served on the Secretary by the most expeditious means available.

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Service

Electronic service

An attorney or pro se party who obtains a CM/ECF password consents to electronic service of all documents that are filed by electronic means. Such counsel and pro se parties are responsible for monitoring their email accounts and, upon receipt of notice of an electronic filing, for retrieving the noticed filing.

Summary: Obtaining a CM/ECF password constitutes consent to electronic service and requires monitoring email.

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Service

Electronic service ?

The requirement of a certificate of service or other proof of service is satisfied by the automatic notice of filing sent by the CM/ECF software to pro se parties who have obtained CM/ECF passwords and to counsel. A separate certificate of service or other proof of service showing that a paper copy was served on a party is required when the party does not receive electronic notification of filings.

Summary: Automatic CM/ECF notice satisfies certificate of service for e-served parties; separate certificate required for parties not receiving e-notification.

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Deadline

30 calendar days ?

Applies to

Complaint of misconduct ?

Service

Other to all parties ?

If the Committee determines that a formal Answer is required from the respondent, a copy of the Complaint as received by the Committee or as prepared by it based on information otherwise received shall be served upon the respondent and he/she shall be required to answer within 30 days after the date of service.

Summary: A copy of the complaint must be served on the respondent, who must answer within 30 days of service.

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Deadline

14 calendar days ?

Applies to

Answer

Service

Mail to other ?

Upon receipt of the Answer, the Clerk to the Committee shall mail a copy thereof to the complainant, if there is one, who may reply to the Answer within 14 days of the date of the transmittal letter from the Clerk of the Committee.

Summary: The Clerk must mail a copy of the answer to the complainant, who may reply within 14 days of the transmittal letter.

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Required

Always ?

Service

Mail to clerk ?

Section (a) governs service of process in disciplinary proceedings. It makes clear that the primary method of service is by mail and the alternative method is by service on the Clerk of the Court.

Summary: Service in disciplinary proceedings is primarily by mail, alternatively by service on the Clerk.

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Civil cases

Service

Mail to opposing party ?

Parties represented by counsel must serve documents upon pro se parties in paper form.

Summary: Counsel must serve pro se parties in paper form.

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Civil cases

Service

Electronic service ?

No certificate of service is required for documents filed electronically. Service is complete upon electronic submission of an order or document and will be effected by electronic notice.

Summary: No certificate of service required for electronic filings; service complete upon electronic submission.

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Service

Other

Proof of service of papers required or permitted to be served, other than those for which a different method of proof is prescribed by the Federal Rules of Civil Procedure or by statute, shall be filed with such papers. The proof shall show the date and manner of service, and may be by certificate of an attorney of record or other proof satisfactory to the Court. Failure to make proof of service does not affect the validity of service. The Court may at any time allow the proof to be amended or supplied, unless to do so would unfairly prejudice a party.

Summary: Proof of service must be filed with served papers, showing date and manner; failure to file does not affect validity, and amendment is allowed absent prejudice.