Rule 4. Process

(a) HOW AND BY WHOM. Service of process must be made in compliance with D.C.

Code § 16-1502 by any competent person not less than 18 years of age who is not a

party to the suit. A separate copy of the summons and complaint must be provided for

each defendant.

(b) PROOF OF SERVICE.

(1) In General. Proof of service of the summons and complaint must be made under

oath and in the format set forth in L&T Form 3. A separate L&T Form 3 must be filed for

each defendant.

(2) Photographic Proof. If a summons is served by posting and mailing, a photograph

of the posted summons must be filed with proof of service. The photograph must have a

readable timestamp that indicates the date and time when the summons was posted.

(3) Time for Filing. Proof of service must be filed at least 14 days before the date set

for the initial hearing.

(4) Motion for Extension. Prior to the expiration of the foregoing time period, the

plaintiff may make a motion to extend the time for service. The motion must set forth in

detail the efforts that have been made, and will be made in the future, to obtain service.

If the plaintiff shows good cause, the court must extend the time for an appropriate

period.

(5) Dismissal. The plaintiff’s failure to comply with the requirements of this rule will

result in the dismissal without prejudice of the complaint. The clerk will enter the

dismissal and serve notice on all the parties.

COMMENT TO 2026 AMENDMENTS

Subsection (b)(3) has been amended to change the deadline for filing proof of

service in response to the Rebalancing Expectations for Neighbors, Tenants, and

Landlords (RENTAL) Amendment Act of 2025, D.C. Law 26-80, § 201(c), 72 D.C. Reg.

12894 (2025), D.C. Code § 16-1502(a).

COMMENT TO 2024 AMENDMENTS

Section (a) has been amended to delete the citation to the D.C. Code year

consistent with the general restyling of the Superior Court Rules and the Court of

Appeals current Citation and Style Guide

balancing Expectations for Neighbors, Tenants, and

Landlords (RENTAL) Amendment Act of 2025, D.C. Law 26-80, § 201(c), 72 D.C. Reg.

12894 (2025), D.C. Code § 16-1502(a).

COMMENT TO 2024 AMENDMENTS

Section (a) has been amended to delete the citation to the D.C. Code year

consistent with the general restyling of the Superior Court Rules and the Court of

Appeals current Citation and Style Guide.

COMMENT TO 2023 AMENDMENTS

New subsection (b)(2) has been added in response to the Eviction Record Sealing

Authority and Fairness in Renting Amendment Act of 2022, § 2(b), D.C. Law No. 24-115

(May 18, 2022), D.C. Code § 16-1502(b)(2) (2022). Subsection (b)(3) (former

subsection (b)(2)) has been amended consistent with the act’s requirement of service of

the complaint at least 30 days before the initial hearing. The remaining subsections

have been redesignated accordingly.

This rule has been amended consistent with the stylistic changes to the civil rules.

The rule was amended to require that an affidavit of service be filed at least 6 days

before the date set for the initial hearing and to permit the clerk to dismiss the case

where the plaintiff has failed to comply with this rule. Parties should refer to D.C. Code

§ 16-1502 (2012 Repl.) and L&T Form 3 for additional guidance on service and proof of

service. As Rule 2 provides, Civil Rule 4(h) addresses service on a corporation,

partnership, or association.

The provision relating to costs has been moved to Rule 15.

COMMENT

This rule requires that the plaintiff mail to the defendant a copy of the summons and

complaint when service is made by posting pursuant to D.C. Code 2001, § 16-1502.

See Greene v. Lindsey, 456 U.S. 444, 102 S. Ct. 1874, 72 L. Ed. 2d 249 (1982). This

requirement is not intended to excuse the plaintiff’s obligation to make a “diligent and

conscientious effort” to secure personal or substitute service before resorting to service

by posting. See, e.g., Parker v. Frank Emmet Real Estate, 451 A.2d 62 (D.C. App.

1982).