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ministrators and other fiduciaries, in which the claimed value of personal property or the debt or damages claimed does not exceed the sum of $10,000, exclusive of interest and costs, as well as of all crossclaims and counterclaims interposed in all actions over which it has jurisdiction, regardless of the amount involved. It does not have jurisdiction of: (1) cases involving title to real property, except as provided in section 11-1141; (2) actions against judges of the Court of General Sessions or other officers for official misconduct; or (3) counterclaims, crossclaims, or any other claims whether or not arising out of the same transaction or occurrence and interposed in actions over which the United States District Court for the District of Columbia has jurisdiction. (b) Within the limits of its jurisdiction provided by subsection (a) of this section, the Court of General Sessions has jurisdiction of cases of trespass upon or injury to real property. If the defendant, in such a case, files with the court an affidavit that he claims title to the jjroperty, setting forth the nature of his title, the court may not take further cognizance of the case. (c) The Court of General Sessions has jurisdiction over all civil cases properly pending in the Municipal Court for the District of Columbia on January 1, 1963. § 11-962. Transfer of civil actions to Court of General Sessions In a civil action commenced in the United States District Court for the District of Columbia, other than an action for equitable relief, where it appears to the satisfaction of the court at or subsequent to any pretrial hearing but prior to trial thereof that the action will not justify a judgment in excess of $10,000, the court may certify the action to the District of Columbia Court of General Sessions for trial. The pleadings in the action, together with a copy of the docket entries and copies of any orders entered therein, and the deposit for costs, shall be sent to the clerk of the Court of General Sessions. Promptly thereafter, the Court of General Sessions shall call the case for trial. The Court of General Sessions shall thereafter treat the case as though it had been filed originally in that court, except that the jurisdiction of the court shall extend to the amount claimed in the action, even though it exceed the sum of $10,000. § 11-963. Criminal jurisdiction; commitment (a) Except as otherwise expressly provided by this section or other law, the District of Columbia Court of General Sessions has original jurisdiction, concurrently with the United States District Court for the District of Columbia, of: (1) offenses committed in the District for which the punishment is by fine only or by imprisonment for one year or less; and (2) offenses against municipal ordinances or regulations in force in the District. (b) The Court of General Sessions does not have jurisdiction of the offenses of libel, conspiracy, or violation of the postal or pension laws of the United States. (c) In all cases, whether cognizable in the Court of General Sessions or in the District Court, the Court of General Sessions has jurisdiction to make preliminary examination and commit offenders or grant bail in bailable cases, either for trial or for further examination. (d) The Court of General Sessions has jurisdiction of all criminal cases properly x)©nding in the Municipal Court for the District of Columbia on January 1, 1963.

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PUBLIC LAW 88-241~DEC. 23, 1963 Subchapter IV—Miscellaneous Provisions

§ 11-981. Power of judges to issue warrants returnable to Criminal Division; record Each judge of the District of Columbia Court of General Sessions may, at any time, including Sundays and legal liolidays, on complaint under oath or actual view, issue warrants returnable to the criminal division of the court against persons accused of crimes and offenses committed in the District of Columbia. In every such case, he shall make a record of his proceedings in a book to be kept for that purpose. The warrants shall be issued free of charge. §11-982. Compelling attendance of witnesses; contempt powers; subpoenas (a) The District of Columbia Court of General Sessions may compel the attendance of witnesses by attachment, and, in any civil or criminal case or proceeding in the court, the judge may punish for disobedience of an order, or for contempt committed in the presence of the court, by a fine not exceeding $50 or imprisonment not exceeding 30 days. (b) At the request of any party subpoenas for attendance at a hearing or trial in the District of Columbia Court of General Sessions shall be issued by the clerk of the court. A subpoena may be served at any place within the District of Columbia, or at any place without the District of Columbia that is within 25 miles of the place of the hearing or trial specified in the subpoena. The form, issuance and manner of service of a subpoena shall be as otherwise prescribed by Rule 45 of the Federal Rules of Civil Procedure. 28 USC app. § 11-983. Oaths, affirmations, and acknowledgments Each judge of the District of Columbia Court of General Sessions may administer oaths and affirmations and take acknowledgments. The clerk of the court and his deputies may administer oaths and affirmations and take acknowledgments in all cases pending in the court or about to be filed therein. § 11-984. Receipt and care of deposits for costs, and fees; payment of fines, costs, etc., to clerk; deposit; accounting (a) The clerk of the District of Columbia Court of General Sessions shall receive and care for all deposits for costs made and fees exacted under the rules governing the fee charges in the civil division of the court, and shall make a weekly deposit with the Board of Commissioners or its authorized representative of all fees earned during the preceding week. The money so collected shall be covered into the Treasury to the credit of the District of Columbia. (b) The clerk shall return to parties making the deposits specified by subsection (a) of this section any part of a deposit that remains in his hands over and above the earned fees in completed cases, and shall render an itemized statement to the Board of Commissioners or its authorized representative of every fee earned, on forms and in the manner prescribed by the Board or its authorized representative. Any part of a deposit remaining in the clerk^s hands for a period of three years, for which claim has not been made by the party entitled to receive it, shall revert to the District of Columbia, and shall be paid forthwith by the clerk to the Board or its authorized representative as part of the revenues of the District. (c) Fines, penalties, costs, and forfeitures imposed or taxed in the criminal division of the Court of General Sessions shall be paid to the clerk, either with or without process or on process ordered by the court. On the first secular day of each week, the clerk shall deposit with the Board of Commissioners or its authorized representative the total

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amount thereof collected by him during the week next preceding the date of the deposit, to be covered into the Treasury to the credit of the District of Columbia. The clerk shall render an itemized statement of each deposit upon forms and in the manner prescribed by the Board or its authorized representative. (d) Moneys collected in the criminal division of the Court of General Sessions remaining in the hands of the clerk for a period of two years or more, for which claim has not been made by the parties entitled thereto, shall revert to the District of Colimibia, and shall be paid by the clerk to the Board of Commissioners or its authorized representative, to be covered into the Treasury to the credit of the District of Columbia. § 11-985. Audit of accounts The Board of Commissioners of the District of Columbia, or its authorized representative, shall audit the accounts of the clerk of the District of Columbia Court of General Sessions at the end of every quarter, and in the performance of this duty shall have access to all books, papers, and records of the court. CHAPTER 11—DOMESTIC RELATIONS BRANCH OF COURT OF GENERAL SESSIONS SUBCHAPTER I—CONTINUATION A N D ORGANIZATION See. 11-1101. Continuation of Branch. 11-1102. Judges; assignment. 11-1103. Sessions. SUBCHAPTER II—OFFICERS AND EMPLOYEES 11-1121. Clerk and other personnel, 11-1122. Duties of clerk regarding docket. SUBCHAPTER III—JURISDICTION 11-1141. Exclusive jurisdiction. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 11-1161. Powers of Branch.

Subchapter I—Continuation and Organization § 11-1101. Continuation of Branch The Domestic Relations Branch of the District of Columbia Court of General Sessions shall continue as a branch in the civil division of the court. §11-1102. Judges; assignment The Domestic Relations Branch of the District of Columbia Court of General Sessions shall consist of three judges of the court, who shall serve in that branch during their tenures of office, but if the chief judge of the court finds the work of the Domestic Relations Branch will not be adversely affected thereby, he may assign any judge of the Domestic Relations Branch to perform the duties of any other judge of the court. The chief judge of the court may assign any other ]udge of the court to serve temporarily in the Domestic Relations Branch if he finds the work of the Domestic Relations Branch requires the assignment. §11-1103. Sessions The Domestic Relations Branch, with at least one judge in attendance, shall be open for the transaction of business every day of the year except Saturday afternoons, Sundays, and legal holidays, and, if deemed necessary, may also hold night sessions.

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PUBLIC LAW 88-241-DEC. 23, 1963 Subchapter II—Officers and Employees

§ 11-1121. Clerk and other personnel The judges of the Domestic Relations Branch, with the approval of the chief judge of the District of Columbia Court of General Sessions, may appomt and remove a clerk and such other personnel as may be necessary for the operation of the Branch. § 11-1122. Duties of clerk regarding docket The clerk serving in the Domestic Relations Branch of the District of Columbia Court of General Sessions shall keep a separate docket for the Branch, in which he shall record the steps taken at each stage of actions or proceedings instituted or conducted, in the Branch. Subchapter III—Jurisdiction § 11-1141. Exclusive jurisdiction (a) The Domestic Relations Branch of the District of Columbia Court of General Sessions and each judge sitting therein has exclusive jurisdiction of: (1) actions for divorce from the bond of marriage and legal separation from bed and board, including proceedings incidental thereto for alimony, pendente lite and permanent, and for support and custody of minor children; (2) applications for revocation of divorce from bed and board; (3) civil actions to enforce support of minor children; (4) civil actions to enforce support of wife; (5) actions seeking custody of minor children; (6) actions to declare marriages void; (7) actions to declare marriages valid: (8) actions for annulments of marriage; (9) determinations and adjudications of property rights, both real and personal, in any action hereinabove referred to in this section, irrespective of any jurisdictional limitation imposed on the Court of General Sessions; (10) proceedings in adoption; and (11) proceedings under the Uniform Reciprocal Enforcement of Support Act, chapter 3 of Title 30. (b) This chapter does not affect or diminish the jurisdiction of the Juvenile Court of the District of Columbia, or of any judge presiding therein. Subchapter IV—Miscellaneous Provisions § 11-1161. Powers of Branch The Domestic Relations Branch of the District of Columbia Court of General Sessions has all of the legal and equitable powers necessary to effectuate the purposes of this chapter, chapters 3 and 9 of Title 16, chapters 1 and 3 of Title 30, and section 3^786, including but not limited to, the power to: (1) issue restraining orders and injunctions, writs of habeas corpus and ne exeat, and all other writs, orders, and decrees; and (2) enforce and execute its judgmehts, ordeibs, and decrees.

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CHAPTER 13—SMALL CLAIMS AND CONCILIATION BRANCH OF COURT OF GENERAL SESSIONS SUBCHAPTER I—CONTINUATION AND ORGANIZATION See. 11-1301. Continuation of Branch. 11-1302. Service of Court of General Sessions judges; rotation. 11^1303. Sessions. SUBCHAPTER II—OFFICERS AND EMPLOYEES 11-1321. Clerk. ll-1322i. Separate docket; entries. 11-1323. Records and reports. SUBCHAPTER III—JURISDICTION 11-1341. Exclusive jurisdiction of small claims; limitations. ll-1342u Settlement of disputes by arbitration and conciliation. 11-1343. Certification of cases by Court of General Sessions judges; i recertitlcation.

Subchapter I—Continuation and Organization § 11-1301. Continuation of Branch The Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions shall continue as a branch in the civil division of the court. § 11-1302. Service of Court of General Sessions judges; rotation One or more judges of the District of Columbia Court of General Sessions shall serve in the Small Claims and Conciliation Branch for such periods and in such order of rotation as the chief judge of the court determines. §11-1303. Sessions The Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions, with a judge in attendance, shall be open for the transaction of business on every day of the year except Saturday afternoons, Sundays, and legal holidays, and shall also hold at least one night session during each week. Subchapter II—Officers and Employees § 11-1321. Clerk The District of Columbia Court of General Sessions may aasign a deputy clerk or other assistant to the clerk of the court to serve as clerk of the Small Claims and Conciliation Branch. §11-1322. Separate-docket; entries The clerk of the Small Claims and Conciliation Branch shall keep a separate docket for the Branch, in which ho^ shall record every proceeding and ruling had in each case. § 11-1323. Records and reports The clerk of the Small Claims and Conciliation Branch shall maintain a daily record of all transactions had therein and shall prepare and transmit to the Attorney General of the United States a monthly report in detail showing the number and nature of all such transactions.

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Subchapter III—Jurisdiction §11-1341. Exclusive jurisdiction of small claims; limitations The Small Claims and Conciliation Branch of the District of Columbia Court of General Sessions has exclusive jurisdiction over all cases within the jurisdiction of the court in which the amount of the plaintiff's claim or the claimed value of personal property in controversy does not exceed $160 exclusive of interest, attorney fees, protest fees, and costs. This jurisdiction does not include actions for recovery of the possession of real estate, whether or not such actions include a claim for arrears of rent, or personalty, or both arrears of rent and personalty. § 11-1342. Settlement of disputes by arbitration and conciliation In order to effect the speedy settlement of controversies, and with the consent of all parties thereto, the Small Claims and Conciliation Branch may settle cases, irrespective of the amount involved, by the methods of arbitration and conciliation. The judges of the Branch may also act as referees or arbitrators, either alone or in conjunction with other persons, pursuant to rule 53 of the Federal Rules of Civil Procedure, or under Title 9, United States Code, or otherwise. A judge, officer, or employee of the District of Columbia Court of General Sessions may not accept any fee or compensation in addition to his salary for services performed pursuant to this section. §11-1343. Certification of cases by Court of General Sessions judges; recertification When the interests of justice seem to require, and all parties consent thereto, a judge of the District of Columbia Court of General Sessions may certify a case to the Small Claims and Conciliation Branch for conciliation, or to endeavor to obtain a complete or partial agreed statement of facts or stipulation, which will simplify and expedite the ultimate trial of the case. With the consent of all parties the trial of the case may be completed in the Branch, or in the absence of their consent shall be recertified to another judge of the court for trial. CHAPTER 15—JUVENILE COURT OF THE DISTRICT OF COLUMBIA SUBCHAPTER I—CONTINUATION AND ORGANIZATION Sec.

11-1501. Continuation of court; court of record; seal. 11-1502. Appointment, qualiflcations, tenure, salaries, and oath of Judges. 11-1503- Administration of court; absence, disability, dlsguallflcation, or death of Judges. 11-1504. Terms.

SUBCHAPTER II—COURT OFFICERS AND EMPLOYEES 11-1521. 11-1522. 11-1523. 11-1524.

Clerk; compensation, bond, oath, and duties. Administration of oaths by cleric. Director of Social Work; compensation; qualiflcations; duties. Supervisor of Probation and other probation officers; compensation; qualiflcations; duties of Probation Department and officers. 11-1525. Other Court employees. 11-1526. Rules governing conduct of personnel. 11-1551. 11-1552. 11-1553. 11-1554. 11-1555. 11-1556. 11-1557.

SUBCHAPTER III—JURISDICTION Jurisdiction of children and minors; retention. Transfer from other courts. Waiver of Jurisdiction in case of felony and transfer of case. Jurisdiction of persons 18 years of age or over. Jurisdiction of paternity proceedings. Concurrent Jurisdiction of desertion and nonsupport cases. Construction of chapter with respect to other Jurisdiction.

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SUBCHAPTER IV—MISCELLANEOUS PROVISIONS 11-1581. 11-1582. 11-1583. 11-1584. 11-1585. 11-1586. 11-1587. 11-1588. 11-1589.

Contempt powers. Administration of oaths and affirmations. Duties of Corporation Counsel. Assistance and cooperation of officers, departments, institutions, and others. Payment of fines, costs, etc., to clerk; deposit; accounting. Records; limited inspection; penalties for unlawful disclosure or use. Audit of accounts. Court quarters. Quarterly reports.

Subchapter I—Continuation and Organization § 11-150L Continuation of C o u r t; court of record; seal (a) The Juvenile Court of the District of Columbia shall continue as a court of record in the District. (b) The court shall have a seal. § 11-1502. Appointment, qualifications, tenure, salaries, and oath of judges (a) The Juvenile Court shall consist of a chief judge and two associate judges learned in the law and appointed by the President of the United States by and with the advice and consent of the Senate. (b) A person may not be appointed as judge of the court, unless: (1) he has been a member of the bar of the District of Columbia for a period of live years preceding his appointment; • (2) during a period of ten years immediately preceding his appointment, he has been a resident of the District of Columbia or of the metropolitan area of the District for at least five years, of which not less than three years shall immediately precede his appointment; and (3) he has a broad knowledge of social problems and procedures and an understanding of child psychology. For the purpose of this subsection, the term "metropolitan area of the District" means Montgomery and Prince Georges Counties in Maryland, and Arlington and Fairfax Counties and the cities of Alexandria and Falls Church in Virginia. (c) Each judge appointed after March 9, 1962, shall serve for a term of ten years or until his successor is appointed and qualifies. (d) The salary of the chief judge shall be equal to the salary of the chief judge of the District of Columbia Court of General Sessions, and the salary of each associate judge shall be equal to the salary of an associate judge of that court. (e) Each judge, before entering upon the duties of his office, shall take the oath prescribed for judges of courts of the United States. § 11-1503. Administration of court; absence, disability, disqualification, or death of judges (a) The chief judge of the Juvenile Court shall be responsible for the administration of the court. During the temporary absence or disability of the chief judge, the associate judge of the court designated by the chief judge or acting chief judge of the United States District Court for the District of Columbia shall be responsible for the administration of the court. (b) Except as provided by subsection (a) of this section, when a judge of the Juvenile Court dies, or is absent, ill, or disabled to serve in any case, the chief judge or acting chief judge of the United States District Court for the District of Columbia shall designate one of the judges of the District of Columbia Court of General Sessions to

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serve as a judge of the Juvenile Court until the vacancy is filled or until the removal of such disability, and the return of the regular judge of that court. § 11-1504. Terms The Juvenile Court shall hold a term on the first Monday of every month and continue the term from day to day as long as may be necessary for the transaction of its business. Subchapter II—Court Officers and Employees §11-1521. Clerk; compensation, bond, oath, and duties (a) The Juvenile Court shall appoint from the eligible list of the Civil Service Commission, a clerk of the court, and shall fix his compensation in accordance with the Classification Act of 1949, as amended. 63 Stat. 954 5u (b) The clerk shall give bond, with surety, and take the oath of note. s e 1071 office prescribed by law for clerks of the United States district courts. (c) The clerk shall: (1) keep accurate and complete accounts of moneys collected from persons under the supervision of the probation department, give receipts therefor, and make reports thereon as the chief judge directs; and (2) perform other duties and keep other records as prescribed by the chief judge. § 11-1522. Administration of oaths by clerk The clerk of the Juvenile Court may administer oaths and affirmations. § 11-1523. Director of Social Work; compensation; qualifications; duties (a) The Juvenile Court shall appoint, from the eligible list of the Civil Service Commission, a Director of Social Work, and shall fix his compensation in accordance with the Classification Act of 1949, as amended. The Director must have the qualifications prescribed by the Civil Service Commission pursuant to the Classification Act of 1949, as amended. (b) Under the administrative direction of the chief judge, the Director of Social Work shall: (1) have charge of all the social work of the court; and (2) in association with other social agencies of the District of Columbia, study sources and causes of delinquency and assist in developing and correlating community-wide plans for the prevention and treatment of delinquency. §11-1524. Supervisor of Probation and other probation officers; compensation; qualifications; duties of Probation Department and officers (a) The Juvenile Court shall appoint, from eligible lists of the Civil Service Commission, a Supervisor of Probation and such other probation officers as it deems necessary, and shall fix their compensation in accordance with the Classification Act of 1949, as amended. The Supervisor of Probation and probation officers must have the qualifications prescribed by the Civil Service Commission pursuant to the Classification Act of 1949, as amended. (b) Under the direction of the Director of Social Work, the Supervisor of Probation shall organize, direct, and develop the work of the Probation Department of the court. 93-025 0-64-34

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(c) The Probation Department shall: (1) make such investigations as the court directs; (2) keep written records of investigations and submit them to a judge of the court or deal with them as he directs; (3) use all suitable methods to aid persons on probation and bring about improvement in their conduct and condition; and (4) keep informed concerning the conduct and condition of each person under its supervision and report thereon to the court as it directs, and the Department shall keep full records of its work. (d) For the purposes of this chapter, probation officers have the powers of police officers, and have such duties as may be assigned to them in the course of performing the functions of the Probation Department. § 11-1525. Other court employees The Juvenile Court shall appoint, from eligible lists of the Civil Service Commission, such other employees of the court as it deems necessary, and shall fix their compensation in accordance with the Classification Act of 1949, as amended. Employees appointed pursuant to this section must have the qualifications prescribed by the Civil Service Commission pursuant to the Classification Act of 1949, as amended. §11-1526. Rules governing conduct of personnel The Juvenile Court may issue all necessary orders and writs in aid of its jurisdiction as prescribed by law, and may adopt and publish rules governing its procedure and the conduct of its officers and employees. The rules shall be enforced and construed beneficially for the remedial purposes of this chapter and chapter 23 of Title 16. Subchapter III—Jurisdiction §11-1551. Jurisdiction of children and minors; retention (a) Except as herein otherwise provided, the Juvenile Court has original and exclusive jurisdiction of all cases and in proceedings: (1) concerning a child as defined by section 16-2301: (A) who has violated a law, or has violated an ordinance or regulation of the District of Columbia; (B) who is habitually beyond the control of his parent, guardian, or custodian; (C) who is habitually truant from school or home; (D) who habitually so deports himself as to injure or endanger himself or the morals or safety of himself or others; (E) who is abandoned by his parent, guardian, or custodian; (F) who is homeless or without adequate parentAl support or care, or whose parent, guardian, or custodian neglects or refuses to provide support and care necessary for his health or welfare; (G) whose parent, guardian, or custodian neglects or refuses to provide or avail himself of the special care made necessary by his mental condition; (H) who associates with vagrants, or vicious or immoral persons; (I) who engages in an occupation, or is in a situation, dangerous to life or limb or injurious to the health or morals of himself or others;

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(2) subject to applicable statutes of limitation, concerning a minor 18 years of age or older who is charged with: (A) having violated any law; or (B) having violated any ordinance or regulation of the District of Columbia— prior to his having become 18 years of age.; and (3) to determine the custody or guardianship of the person of a child coming within the provisions of this section and subchapter I of chapter 23 of Title 16; but the provisions of this clause do not deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or when the custody is incidental to the determination of causes pending therein. (b) When jurisdiction is obtained by the Juvenile Court in the case of a child under 18 years of age at the time of the offense, the child shall continue under the jurisdiction of the court until he becomes 21 years of age unless the court discharges him prior thereto. This subsection does not affect the jurisdiction of other courts over offenses committed by the child after he reaches the age of 18 years. § 11-1552. Transfer from other courts When during the pendency of a criminal or quasi-criminal charge against a person under 21 years of age, in another court, it is ascertained that the person was under the age of 18 years at the time of the alleged offense, the court shall forthwith transfer the case, together with all the papers, documents, and testimony connected therewith, to the Juvenile Court. The court making the transfer shall order the minor to be taken forthwith to the place of detention designated by the Juvenile Court or to that court itself, or release the minor to the custody of a suitable person to appear before the Juvenile Court at a time designated. The.Juvenile Court shall thereupon proceed to hear and dispose of the case in the same manner as if it had been instituted in that court in the first instance. §11-1553. Waiver of jurisdiction in case of felony and transfer of case When a child 16 years of age or over is charged with an offense which if committed by a person 18 years of age or over is a felony, or when a child under 18 years of age is charged with an offense which if committed by a person 18 years of age or over is punishable by death or life imprisonment, a judge may, after fidl investigation, waive jurisdiction and order the child held for trial under the regular procedure of the court which would have jurisdiction of the offense if committed by a person 18 years of age or over: or the other court may exercise the powers conferred upon the Juvenile Court by this chapter and subchapter I of chapter 23 of Title 16 in conducting and disposing of such cases. § 11-1554. Jurisdiction of persons 18 years of age or over The Juvenile Court has original and exclusive jurisdiction to determine cases of persons 18 years of age or over charged with willfully contributing to, encoura^ng, or tending to cause by any act or omission, a condition which would bring a child under the age of 18 years within the provisions of section 11-1661. § 11-1555. Jurisdiction of paternity proceedings The Juvenile Court has original and exclusive jurisdiction of proceedings to determine paternity of any child alleged to have been born out of wedlock and to provide for his support in the manner provided by subchapter II of chapter 23 of Title 16.

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§ 11-1556. Concurrent jurisdiction of desertipn and nonsupport cases The Juvenile Court has original jurisdiction, concurrently with the United States District Court for the District of Columbia, of all cases arislug undor sections 22-903 to 22-905, relating to desertion or honsupport.

§11-1557. Construction of chapter with respect to other jurisdiction This chapter does not limit the jurisdiction vested in the Juvenile Court: (1) by section 31-213, with respect to cases arising under 43 Stat. 806. sections 31-201 to 31-212, relating to compulsory school attendance and work permits; (2) by section 36-228, with respect to cases arising under sec45 Stat. 998. i tlous 36-201 to 36-227, relating to child labor and work permits; or ' (3) by any^ther provision of law. Subchapter IV—Miscellaneous Provisions § 11-1581. Contempt powers The Juvenile Court may punish, as a contempt, a willful violation, neglect, or disobedience of any of its orders by a fine not exceeding $200 or imprisonment not exceeding six months, or by both. § 11-1582. Administration of oaths and affirmations The judges or acting judges of the Juvenile Court may administer oaths and affirmations. § 11-1583. Duties of Corporation Counsel (a) The Corporation Counsel of the District of Columbia or any of his assistants shall: (1) upon request, assist the Juvenile Court in hearings arising under section 11-1551; (2) institute and prosecute proceedings and cases arising under section 11-1565 and subchapter II of chapter 23 of Title 16, relating to the establishment of paternity and provision for support of children born out of wedlock; and (3) prosecute cases arising under sections 11-1654 and 11-1556 and the sections specified by section 11-1557, in which a person 18 years of age or over is charged with an offense. (b) As used in this section, "Corporation Counsel" means the attorney for the District of Columbia, by whatever title the attorney may be known, designated by the Board of Commissioners of the District of Columbia to perform the functions prescribed for the Corporation Counsel in this section. §11-1584. Assistance and co-operation of officers, departments, institutions, and others Every officer and department of the District of Columbia is required to render all assistance and co-operation within his or its jurisdictional power which may further the objects of this chapter and subchapter I of chapter 23 of Title 16. Institutions or agencies to which the Juvenile Court sends a child are required to give to the court or to any officer appointed by it such information or reports concerning the child as the court or officer requires. The court may seek the co-operation of societies or organizations having for their object the protection or aid of children.

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§11-1585. Payment of fines, costs, etc., to clerk; deposit; accounting Fines, penalties, costs, and forfeitures imposed or taxed by the Juvenile Court shall be paid to the clerk of the court, either with or without process, or on process ordered by the court. The clerk of the court shall, on the first secular day of each week, deposit with the Board of Commissioners or its authorized representative the total amount of all fines, penalties, costs, and forfeitures collected by him during the week next preceding the date of the deposit, to be covered into the Treasury to the credit of the District of Columbia. The clerk shall render an itemized statement of each deposit to the Board or its authorized representative. §11-1586. R e c o r d s; limited inspection; penalties for unlawful disclosure or use (a) The Juvenile Court shall maintain records of all cases brought before the court pursuant to subchapter I of chapter 23 of Title 16. The records shall be withheld from indiscriminate public inspection but shall be open to inspection only by respondents, their parents or guardians and their duly authorized attorneys, and by the institution or agency to which the respondent under l8 years of age may have been committed pursuant to sections 16-2307 and 16-2308. Pursuant to rule or special order of the court, other interested persons, institutions, and agencies may inspect the records. As used in this subsection, "records" includes: (1) notices filed with the court by arresting officers pursuant to section 16-2306; (2) the docket of the court and entries therein; (3) the petitions, complaints, informations, motions, and other papers filed in a case; (4) transcripts of testimony taken in a case tried by the Court; (5) findings, verdicts, judgments, orders and decrees; and (6) other writings filed in proceedings before the court, other than social records. (b) The records or parts thereof made by officers of the court pursuant to sections 11-1525 and 16-2302, referred to in subsection (a) of this section as social records, shall be withheld from indiscriminate public inspection, except that they shall be made available by rule or special order of court to such persons, governmental and private agencies, and institutions as have a legitimate interest in the protection, welfare, treatment, and rehabilitation of the child under 18 years of age, and to any court before which the child may appear. The court may also provide by rule or a judge may provide by special order that any such person or agency may make or receive copies of the records or parts thereof. Persons, agencies, or institutions receiving records or information pursuant to this subsection may not publish or use them for any purpose other than that for which they were received. (c) Whoever, except for the purposes permitted and in the manner provided by subsections (a) and (b) of this section, discloses, receives, or makes use of, or authorizes, knowingly permits, participates in, or acquiesces in, the use of information concerning a juvenile before the court, directly or indirectly derived from the records, papers, files, or communications of the court, or acquired in the course of official duties, upon conviction thereof, shall be guilty of a misdemeanor, and shall be fined not more than $100 or imprisoned not more than ninety days, or both.

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(d) Prosecutions pursuant to subsection (c) of this section shall be brought in the name of the District of C'olumbia in the District of Columbia Court of General Sessions by the Corporation Counsel or any of his assistants. As used in this subsection, "(Corporation Counsel" has the same meaning as that prescribed by section 11-1583(b). (e) Except on order of the court, the records or proceedings in a case arising under subchapter II of chapter 23 of Title 16 may not be open to inspection by anyone other than the defendant or counsel of record. The court, upon proper showing, may authorize the clerk to furnish certified copies of the records or portions thereof to the defendant, the mother, or custodian of the child, a party in interest, or their duly authorized attorneys. The clerk may furnish certified copies of the records or portions thereof, upon request, to the United States attorney for the District of Columbia for use as evidence in nonsupport proceedings as provided by sections 11-523, 11-1556, 16-2355, and 16-2381 and to the Director of Public Health as provided by section 16-2364(a). § 11-1587. Audit of accounts The Board of Commissioners of the District of Columbia, or its authorized representative, shall audit the accounts of the clerk of the Juvenile Court at the end of every quarter, and in the performance of this duty shall have free access to all books, papers, and records of the court. § 11-1588. Court quarters The Board of Commissioners of the District of Columbia shall provide suitable quarters for the hearing of cases by the Juvenile Court, and for the use of the judges and the probation department and employees of the court. § 11-1589. Quarterly reports The chief judge or the acting chief judge of the Juvenile Court shall submit to the Attorney General of the United States and to the President of the Board oi Commissioners of the District of Columbia a detailed quarterly report of the work of the court within thirty days of the end of the quarter, to include the number of juvenile and adult cases heard, the number of juvenile and adult cases calendared, the number of juvenile and adult complaints filed, the number of juvenile cases closed without court hearing, moneys collected for fines and support of legitimate and illegitimate family members, and such other information as may reflect the court's operation and volume of work. A copy of the report shall be kept in the office of the clerk of the court and be subject to public inspection during the regular business hours of the court.

CHAPTER 17—MISCELLANEOUS PROVISIONS RELATING TO COURTS AND JUDGES 8«e.

11-1701. Retirement, reslsrnation, or non-reappointment of jndees: recall.

§11-1701. Retirement, resignation, and non-reappointment of judges; recall (a) A judge of the District of Columbia Court of Appeals, the District of Columbia Court of General Sessions, or the Juvenile Court of the District of Columbia who, after having served as a judge of the court for a period or periods aggregating twenty years or more, whether continuously or not, retires, resigrns, or fails of reappointment upon the expiration of his term of office, shall receive annually in equal monthly installments, during the remainder

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of his life, a sum equal to such proportion of his salary at the date of his retirement, resignation, or failure of reappointment upon the expiration of his term of office as the total of his aggregate years of service bears to the period of thirty years, to be paid in the same manner as his salary. The sum so received by him may not exceed his salary at the date his service ceases. (b) I n computing the years of service pursuant to this section, service in either the Police Court of the District of Colmnbia or the Municipal Court of the District of Columbia, or the Juvenile Court of the District of Columbia, as constituted prior to July 1, 1942, or the Municipal Court of Appeals for the District of Columbia, or the Municipal Court for the District of Columbia, as constituted prior to January 1, 1963, shall be included whether or not the service is continuous. (c) A judge receiving retirement salary pursuant to this section may be called upon by the chief judge of the District of Columbia Court of Appeals or the chief judge of the District of Columbia Court of General Sessions to perform such judicial duties as may be requested of him in either of those courts, or in the Juvenile Court of the District of Columbia; but a retired jud^e shall not be required to render service for more than ninety days m a calendar year after retirement. I n case of illness or disability precluding the rendering of service the retired judge shall be fully relieved of servi(e during his illness or disability. CHAPTER IS^CORONER Sec. 11-1901. Definition. 11-1902. Inquests; exceptions; jury. 11-1903. Witnesses; attachment; contempt. 11-1904. Testimony reduced to writing in certain cases; recognizances; returns. 11-1905. Monthly reports of inquests; delivery of property. 11-1906. Fees of witnesses and jurors; allowances. §11-1901. Definition As used in this chapter, "coroner" means the Board of Commissioners of the District of Columbia or the officer or agency designated by the Board to perform the functions prescribed by this chapter. §11-1902. I n q u e s t s; exceptions; j u r y (a) Except as provided by subsection (b) of this section, the coroner shall liold an ijiquest over the body of each persoii found dead in the District when the manner and cause of death is not already known as accidental or in the course of nature. (b) The coroner may not summon or hold a juiy of inquest ovei" the body of a deceased person where it is known that the deceased came to his death by suicide, accident, mischance, or natural causes; except that where it is not known that the deceased came to his death by suicide the coroner may summon a jury. (c) A coroner's j nry shall consist of six persons. §11-1903. Witnesses; attachment; contempt The coroner may summon witnesses from any part of the District to appear before him for the purpose of giving evidence, and may rompel their attendance by attacliment. He may punish for disobedience of a lawful order, or foi- a contempt connnitted in his jiresence, by a fine of not more than $50 or iiuprisomnent of not nioj-e than 30 days.

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§ 11-1904. Testimony reduced to writins: in certain cases; recognizances; returns Upon an inquisition taken before the coroner, where a person is charged with having unlawfully caused the death of the person on whom the inquest is held, the coroner shall: (1) reduce the testimony of the witnesses to writing; and (2) if the jury find that murder or manslaughter has heea committed on the deceased, require such witnesses as he deema proper to give a recognizance to appear and testify in the United States District Court for the District of Columbia; and (3) return to the United States District Court, the inquisition and testimony and recognizance taken by him. Jj 11-1905. Monthly reports of inquests; delivery of property The coroner shall: (1) make a monthly report to the Board of Commissioners of the District of all inquests held by him during the immediately preceding month, with a description as far as may be of the age, sex, color, and nationality of deceased persons and the causes of their death, and with particulars as may be necessary to their identification; and (2) as soon as possible after holding an inquest, deliver to the property clerk of the Metropolitan Police Department all moneys and other property and effects found upon the person oi anyone on whom he holds an inquest. § 11-1906. Fees of witnesses and jurors; allowances Witnesses and jurors lawfully sunmioned in an inquest shall receive the fees and travel and subsistence allowances as may be fixed, with rospoct to witnesses, by chapter 119 of Title 28, United States Code, and, with respect to jurors, by section 1871 of Title 28, United States Code. CHAPTER 21--ATT0RNEYS •M.

11-2101. AdmlsBion to bar; regulations; oath. 11-2102. Censure, suspension, or disbarment by District Court for cause. 11-2103. Disbarment by District Court upon conviction of crime. 11-2104. Censure, suspension, or disbarment by other courts. 11-2105. Procedure for censure, suspension, or disbarment

§11-2101. Admission to bar; regulations; oath The United States District Court for the District of Columbia may make such rules as it deems proper respecting the examination, qualification, and admission of persons to membership in its bar, and their censure, suspension, and expulsion. Every person so admitted, before he is permitted to practice therein, shall tate and subscribe the following O I g oath: -, do solemnly swear (or affirm) that I will demean myself as a member of the bar of this court uprightly and according to law; and that I will support the Constitution of the United States." § 11-2102. Censure, suspension, or disbarment by District Court for cause The United States District Court for the District of Columbia may censure, suspend from practice, or expel a member of its bar for crime, misdemeanor, fraud, deceit, malpractice, professional misconduct, or conduct prejudicial to the administration of justice. A fraudulent act or misrepresentation by an applicant in connection with his application or admission is sufficient cause for the revocation by the court of his admission.

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§ 11-2103. Disbarment by District Court upon conviction of crime When a member of the bar of the United States District Court for the District of Columbia is convicted of an otfense involving moral turpitude, and a duly certified copy of the final judgment of the conviction is presented to the court, the name of the member so convicted may thereupon, by order of the court, be struck from the roll of the members of the bar, and he shall thereafter cease to be a member thereof. Upon appeal from a judgment of conviction, and pending the final determination of the appeal, the court may order the suspension from practice of the convicted member of the bar; and upon a reversal of the conviction, or the granting of a pardon, the court may vacate or modify the order of disbarment or suspension. § 11-2104. Censure, suspension, or disbarment by other courts The District of Columbia Court of Appeals, and the District of Columbia Court of General Sessions, may censure, suspend, or expel an attorney from practice, at their respective bars, for a crime involving moral turpitude, or professional misconduct, or conduct prejudicial to the administration of justice. § 11-2105. Procedure for censure, suspension, or disbarment A member of the bar may not be censured, suspended, nor expelled as provided by section 11-2102 or 11-2104, until written charges, under oath, against him liaA'e been presented to the court, stating distinctly i lie grounds of complaint. The court may order the charges to be filed in the office of the clerk of the court and shall fix a time for hearing thereon. Thereupon a certified copy of the charges and order shall be served upon the member personally by the United States marshal or such other person as the court designates, or if it is established to the satisfaction of the court that personal service can not be had, a certified copy of the charges and order shall be served upon him by mail, publication, or otherwise as the court directs. After the filing of the written charges the court may suspend the person charged from practice at its bar pending the trial thereof.

CHAPTER 23—JURORS AND JURY COMMISSIONERS Bee.

11-2301. Qualifications of jurors. 11-2302. Exemptions. 11-2303. Jury commission; appointment, qualifications, oath, tenure, compensation, and removal. 11-2304. Record of names; jury box; custody. 11-2305. Selection of jurors. 11-2306. Manner of drawing. 11-2307. Substitution in case of vacancies. 11-2308. Disposition of box after drawing; excuse from further service. 11-2309. Filling vacancies; deficiencies in panel. 11-2810. Talesmen from bystanders. 11-2311. Summoning Jurors. 11-2312. Length of service. 11-2313. Fees of jurors; allowances. 11-2314. Marshal to have charge; deputies.

§ 11-2301. Qualifications of jurors (a) Any citizen of the United States who has attained the age of 21 years and who has resided for a period of one year within the District of Columbia is competent to serve as a grand or petit juror in courts of the District unless h e: (1) has been convicted in a State, territorial, or federal court of record, or court of the District, of a crime punishable by imprisonment for more than one year, and his civil risrhts have not been restored by pardon or amnesty; (2) is unable to read, write, speak and understand the English language; or

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(3) is incapable by reason of mental or physical infirmities to render efficient jury service, (b) An otherwise qualified person is not disqualified from jury service by reason of sex, but a woman may not be compelled so to serve. § 11-2302. Exemptions The following persons are exempt from jury service: (1) members in active service in the armed forces of the United States; (2) members of the fire and police departments of the United States and of the District of Columbia; (3) public officers in the executive, legislative, or judicial branch of the Government of the United States or the Government of the District of Columbia who are actively engaged in the performance of official duties; (4) attorneys-at-law in active practice; (6) ministers of the gospel and clergymen of every denomination; (6) physicians and surgeons in active practice; (7) keepers of charitable institutions created by or under the laws relating to the District of Columbia; and (8) persons employed on vessels navigating the waters of the District of Columbia. All other persons, otherwise qualified according to law, whether employed in the service of the Government of the United States or of the District of Columbia, all officers and enlisted men of the National Guard of the District of Columbia, both active and retired, all officers and enlisted men in the reserve components of the armed forces of the United States, all notaries public, all postmasters, and those who are the recipients or beneficiaries of a pension or other gratuity from the Federal or District Government or who have contracts with the United States or the District of Columbia, are qualified to serve as jurors in the District of Columbia and are not exempt from jury service. §11-2303. J u r y commission; appointment, qualifications, oath, tenure, compensation, and removal (a) The jury commission shall continue in the District of Columbia. (b) The commission consists of three commissioners appointed by the United States District Court for the District of Columbia. (c) Any person may be appointed a jury commissioner if h e: (1) is a citizen of the United States; (2) is an actual resident of the District, and has been domiciled therein for at least three years prior to his appointment; (3) owns real property in the District; (4) is not engaged in the practice of law; and (5) at the time of his appointment, is not a party to any cause pending in a court of the District. A person otnerwise qualified is not disqualified from service as a jury commissioner by reason of sex, but a woman may not be compel led so to serve. (d) J u r y commissioners shall be appointed or reappointed for terms of three years each, staggered so that one commissioner will be appointed each year; and they shall continue in office until the appointment and qualification of their successors. (e) Each jury commissioner shall receive $10 per day for each day or fraction of a day when he is actually engaged in the performance of his duties, not to exceed five days in a month, nor $260 in a year, which shall be paid, upon the commissioner's certificate, by the United States marshal for the District of Columbia.

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(f) Each jury commissioner, when appointed, shall take an oath of office prescribed by the District Court. (g) The District Court may summarily remove a jury commissioner for: (1) absence, inability, or failure to perform his duties; or (2) misfeasance or malfeasance in office— and may appoint another person for the unexpired term. (h) If a jury commissioner is ill or otherwise unable to perform the duties of his office, or is absent from the District, the remaining two commissioners may perform the duties of the commission. § 11-2304. Record of n a m e s; j u r y b o x; custody (a) The jury commission shall: (1) make and preserve a record of the list of names of grand and petit jurors, including the names of commissioners and jurors in condemnation proceedings, for service in all the courts of the District having cognizance of jury trials and condemnation proceedings; (2) write the names oi the jurors, including the names of commissioners and jurors in condemnation proceedings, on separate and similar pieces of paper, which they shall so fold or roll that the names can not be seen, and place them in a jury box to be provided for the purpose; (3) thereupon seal the jury box, and after thoroughly shaking it, deliver it to the clerk of the United States District Court for the District of Columbia for safekeeping; (4) have custody and control of the jury box; (5) keep a sealed record, in alphabetical form, of all names remaining in the jury box from time to time, and deposit the record for safekeeping in the office of the clerk of the District Court when the commission is not in session. (b) Only the commission may unseal or open the jury box, or have access to the record required by clause (5) of subsection (a) of this section. § 11-2305. Selection of j u r o r s The jury commission shall select the jurors and commissioners specified by section 11-2304, as nearly as may be, from intelligent and upright residents of the District. § 11-2306. M a n n e r of drawing (a) GRAND AND P E T I T JURORS FOR DISTRICT COURT. A t least ten days before the commencement of eiach term of the United States District Court for the District of Columbia, at which jury trials are to be had, the jury commission shall: (1) publicly break the seal of the jury box and draw therefrom, by lot and without previous examination, the names of such number of persons as the court directs to serve as grand and petit jurors in the court; and (2) forthwith certify to the clerk of the court the names of the persons so drawn as jurors. I f the United States attorney for the District of Columbia certifies in writing to the chief judge of the District Court, or, in his absence, to the presiding j u d ^, 3iat the exigencies of the public service require it, the judge may, m his discretion, order an additional grand jury summoned, which shall be drawn at such time as he d e s i ^ a t e s. Unless sooner discharged by order of the chief judge, or, m his absence, the presiding judge, the additional grand jury shall serve until the end of the term in and for which it is &awn. (b) NUMBER OF NAMES I N J U R Y Box. At the time of each drawing of jurors by the jury commission, there shall be in the jury box the names of not less than six hundred qualified persons.

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(c) O THE ^ COUKTS. A t least ten days before each term of the District of Columbia Court of General Sessions or of the Juvenile Court of the District of Columbia, at which jury trials are to be had, the jury commission shall: (1) publicly break the seal of the jury box and draw therefrom, by lot and without examination, the names of persons to serve as petit jurors in those courts; and (2) forthwith certify to the clerk of the District Court the names of the persons so drawn. I n each drawing of jurors under this subsection, the jury commission shall draw, for service in the Court of General Sessions, such number of names as the court directs, and for service in the Juvenile Court, at least twenty-six names. Upon receipt of the certification referred to in this subsection, the clerk of the District Court shall certify the names to the Court of General Sessions or the Juvenile Court, as the case may be, for service as jurors for the ensuing term. (d) The distribution, assignment, reassignment, and attendance of petit jurors in courts of the District shall be in accordance with rules prescribed by the respective courts. § 11-2307. Substitution in case of vacancies When a person whose name is drawn from the jury box is dead or has removed from the District before being selected, or removes therefrom after being selected, or becomes otherwise disqualified or disabled, the jury commission shall destroy the slip containing his name, and shall draw from the box the name of another person to serve in his stead. § 11-2308. Disposition of box after drawing; excuse from further service When the requisite number of jurors has been drawn, the jury commission shall seal the jury box and deliver it to the clerk of the United States District Court for the District of Columbia for safekeeping. Except in the case of persons who are excused from service or for other reasons fail to serve, the names of the persons drawn may not be placed again in the box for one year. § 11-2309. Filling vacancies; deficiencies in panel When persons drawn as grand or petit jurors camiot be found, or prove to be incompetent, or are excused from service by the court for which their names were drawn, the jury commission, under the order of the court, shall draw from the box the names of other persons to take their places, and if, after the organization of the jury, vacancies occur therein, the commission shall fill them in like manner. § 11-2310. Talesmen from bystanders When sufficient petit jurors are not available, the District of Columbia Court of General Sessions and the Juvenile Court have the same powers to require the United States marshal to summon a sufficient number of talesmen from the bystanders as those vested in the District Court by section 1866(a) of Title 28, United States Code. § 11-2311. Summoning jurors When a petit jury has been drawn for the District of Columbia Court of General Sessions or the Juvenile Court, and the names of the jurors have been certified to the clerk of the court by the clerk of the District Court as provided by section 11-2306 (c), the clerk of the former court shall issue summonses for the required number of jurors and deliver them to the United States marshal for the District for service. The marshal or his deputies shall serve each summons

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and make return of service in the manner provided by section 1867 of Title 28, United States Code, with respect to summoning jurors for 7i Stat. ssa. district courts. § 11-2312. Length of service (a) Petit jurors summoned for service in a court of the District shall serve for such period of time and at such sessions of the court as the court directs, but, unless actually engaged as a trial juror in a particular case, may not be required to serve in the District Court or the District of Columbia Court of General Sessions for more than one month in any twelve consecutive months, or to serve in the Juvenile Court for more than three months in any twelve consecutive months. (b) Jury service in one court does not exempt, exclude, or disqualify a person from jury service in another court, except during his term of actual service. (c) This section does not affect the provisions of section 1869 of Title 28, United States Code, relating to frequency of petit jury 62 Stat. 953. service in district courts, including the United States District Court for the District of Columbia. §11-2313. Fees of jurors; allowances Jurors serving in the District of Columbia Court of General Sessions and the Juvenile Court shall receive the fees fixed by section 1871 of Title 28, United States Code. 71 Stat. eis. §11-2314. Marshal to have charge; deputies The United States marshal for the District shall have charge of the juries in the District of Columbia Court of General Sessions and the Juvenile Court, and may assign deputies for the purpose. The deputies shall perform such other services as the judges may require.

TITLE 12—RIGHT TO REMEDY CBAPTEB 1. ABATEMENT AND REVIVOB 3. LIMITATION OF ACTIONB

See. 12-101 12-301

CHAPTER 1—ABATEMENT AND REVIVOR Sec. 12-101. 12-102. 12-103. 12-104.

Survival of rights of action. Substitution of parties. J u d g m e n t and costs in case of new party. Marriage of party.

§ 12-101. Survival of rights of action On the death of a person in whose favor or against whom a right of action has accrued for any cause prior to his death, the right of action survives in favor of or against the legal representative of the deceased. In tort actions for personal injuries, the right of action is limited to damages for physical injury, excluding pain and suffering resulting therefrom. § 12-102. Substitution of parties The substitution of parties in civil actions in the United States District Court for the District of Columbia and District of Columbia Court of General Sessions is governed by the Federal Rules of Civil Procedure. 28 USC app. § 12-103. Judgment and costs in case of new party In all cases where a new party is made to an action, the costs which accrued before the new party was made to the action shall be taxed as part of the costs in the action, and the judgment rendered shall be the same as if the action had been originally commenced between the

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persons who are parties to the action. A def^dant who is made a new party to the action may not be burdened with debts, damages, or costs beyond the amount of property or assets that have descended or come to his hands from the deceased. § 12-104. Marriage of party An action does not abate by the marriage of a party. On application of a party the court may, on such terms and notice as it aeems proper, allow and order any amendment in the pleadings and the making of any new or additional parties that the marriage may render necessary or proper. CHAPTER 3—LIMITATION OF ACTIONS See.

12-301. 12-302. 12^U3. 12-304. 12-305. 12-306. 12-307. 12-3K. 12-309.

Limitation of time for bringing actiona. Disability of plaintiff. Absence or concealment of defendant. Actions stayed by court or statute. Actions against decedents' estates. Directions as to debts In a wllL Foreign Judgments. Actions by the United States. Actions against District of Columbia for luiliquidjitod damages; time for notice.

§12-^01. Limitation of time for bringing actions Except as otherwise specifically provided by law, actions for the following purposes may not be brought after the expiration of the period specified below from the time the right to maintain the action accrues: (1) for the recovery of lands, tenements, or hereditaments—15 years; (2) for the recovery of personal property or damages for its unlawful detention—3 years; (3) for the recovery of damages for an iivjiiry to real or personal property—3 years; (4) for libel, slander, assault, battery, mayhem, wounding, malicious prosecution, false arrest or false imprisonment—1 year; (5) for a statutory penalty or forfeiture—1 year; (6) on an executor's or administrator's bond—6 years; on any other bond or single bill, covenant, or other instrument under seal—12 years; (7) on a simple contract, express or implied—3 years; (8) for which a limitation is not otherwise specially prescribed 3 years. § 12-302. Disability of plaintiff (a) Except as provided by subsection (b) of this section, when a person entitled to maintain an action is, at the time the right of action accrues: (1) under 21 years of age; or (2) noncompos mentis; or (3) imprisoned— he or his proper representative may bring action within the time limited after the disability is removed. (b) When a person entitled to maintain an action for the recovery of lands, tenements, or hereditaments, or upon an instrument under seal, is under any of the disabilities specified by subsection (a) of this section at the time the right of action accrues, he or his proper representative, except where otherwise specified herein, may bring the action within 5 years after the disability is removed, and not thereafter.

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§12-303. Absence or concealment of defendant (a) When a person who is a resident of the District of Columbia is out of the District or has absconded or concealed himself at the time a cause of action accrues against him, the period limited for the bringing of the action does not begin to run until he comes into the District or while he is so absconded or concealed. (b) When such a person absconds or conceals himself after the cause of action accrues, the time of his absence or concealment may not be computed as a part of the period within which the action must be brought. § 12-304. Actions stayed by court or statute When the bringing of an action is stayed by an injunction or other order of a court of justice, or by statutory prohibition, the time of the stay may not be computed as a part of the period within which the action must be brought. § 12-305. Actions a g a i n s t decedents' estates In an action against the estate of a deceased person, the interval, not exceeding two years, between the death of the deceased and the granting of letters testamentary or of administration may not be computed as a part of the period within which the action must be brought. § 12-306. Directions a s to debts in a will A provision in the will of a testator devising his real estate, or part thereof, subject to the payment of his debts, or charging the same therewith, does not prevent the statute of limitations from operating against the debts, unless it plainly appears to be the testator's intention that it shall not so operate. § 12-307. Foreign j u d g m e n t s An action upon a judgment or decree rendered in a State, territory, commonwealth or possession of the United States or in a foreign country is barred if by the laws of that jurisdiction, the action would there be barred and the judgment or decree would be incapable of being otherwise enforced there. § 12-308. Actions by the United States Sections 12-301, 12-302, 12-305, and 12-307 do not apply to an action in which the United States is the real and not merely the nominal plaintiff. § 12-309. Actions against District of Columbia for unliquidated d a m a g e s; time for notice An action may not be maintained against the District of Columbia for unliquidated damages to person or property unless, within six months after the injury or damage was sustained, the claimant, his agent, or attorney has given notice in writing to the Board of Commissioners of the District of Columbia of the approximate time, place, cause, and circumstances of the injury or damage. A report in writing by the Metropolitan Police Department, in regular course of duty, is a sufficient notice under this section.

TITLE 13—PROCEDURE GENERALLY CRAPTBB 1. RULES OF PROCEDUBE 3. PROCESS AND PARTIES 5. COUNTERCLAIMS

7. TRIAL

.

See. 13-101 13-301 13-^1

13-701

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CHAPTER 1—RULES OF PROCEDURE Sec.

13-101. Prescription of rules by courts.

28 USC app.

§ 13-101. Prescription of rules by courts (a) The District of Columbia Court of Appeals, the District of Columbia Court of General Sessions, and the Juvenile Court of the District of Columbia, respectively, shall prescribe rules to provide for the forms of process, writs, pleadings, motions, and practice and procedure in those courts, to provide for efficient administration of justice. Except as otherwise provided by this section, the rules, in the case of the District of Columbia Court of Appeals and the civil division of the Court of General Sessions, shall conform as nearly as may be practicable to the forms, practice, and procedure prescribed by the Federal Rules of Civil Procedure, and, in the case of the Juvenile Court, the rules shall be enforced and construed beneficially for the remedial purposes embraced in chapter 15 of Title 11 and subchapter I of chapter 23 of Title 16. (b) The judges of the Domestic Relations Branch of the Court of General Sessions, with the approval of the chief judge of the court, shall prescribe, by rules, the forms of process, writs, pleadings, motions, and practice and procedure in that Branch. Except as otherwise specifically provided by the rules prescribed, the applicable rules of the Federal Rules of Civil Procedure shall govern in the Branch. (c) The Court of General Sessions shall prescribe rules to provide for a simple, inexpensive, and speedy procedure in the Small Claims and Conciliation Branch of that court to effectuate the purposes of chapter 39 of Title 16, and may prescribe, modify, and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes of chapter 39 of Title 16. (d) Rules adopted pursuant to this section by the District of Columbia Court of Appeals, the Court of General Sessions, and the Domestic Relations Branch of the Court of General Sessions may not abridge, enlarge, or modify the substantive rights of a litigant. CHAPTER 3—PROCESS AND PARTIES SUBCHAPTER I—GENERAL PROVISIONS Sec. 13-301. Courts to which applicable. 13-302. Service by marshal. 13-303. Service or execution on Sunday. SUBCHAPTER II—SERVICE OF PROCESS; LEGAL REPRESENTATIVES 13-331. Service under other laws and rules of court. 13-332. Service on infants; appointment and compensation of guardian and attorney. 13-333. Service on Incompetent persons. 13-3.34. Service on foreign corporations. 13-335. Service by publication on domestic or foreign corporations. 13-336. Service by publication on nonresidents, absent defendants, and unknown heirs or devisees. 13-337. Personal service outside District in lieu of publication. 13-338. Prerequisites for order of publication. 13-830. Form of order of publication. 13-340. Manner of publication; mailing of copy; default; appointment and compensation of guardian and attorney. 13-341. Service by publication on persons unknown to be living or dead and on unknown heirs and devisees.

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PUBLIC LAW 88-241~DEC. 23, 1963 Subchapter I—General Provisions

§ 13-301. Courts to which applicable Except as otherwise specifically provided by law or rules of court, this chapter applies in al I courts of the District of Columbia, including any branches of the courts. § 13-^02. Service by marshal Subject to the provisions of law or rules of court for service by other persons, the United States marshal for the District of Columbia or his deputy shall serve the process of the District of Columbia Court of Appeals, and the District of Columbia Court of General Sessions, including the Domestic Relations Branch thereof. § 13-.303. Service or execution on Sunday Except in cases of treason, felony, or breach of the peace, a writ, process, warrant, order, judgment, or decree meiy not be served or executed, or caused to be served or executed, on Sunday. Any such service or execution is void to all intents and purposes. A person who makes such a service or execution is liable to the aggrieved party to the same extent as if he had done it without a writ, process, warrant, order, judgment, or decree. Subchapter II—Service of P r o c e s s; Legal Representatives § 13-331. Service under other laws and rules of court This chapter does not limit or affect the right to serve process in any other manner now or hereafter required or permitted by: (1) other law, including any other provisions of this Code; or (2) rule of court. §13r-332. Service on i n f a n t s; appointment and compensation of guardian and attorney (a) When an infant is a party defendant in an action, the summons and complaint shall be served upon him personally and, when he is under 16 years of age, upon the person with whom he resides,- if within the District. TTbe infant shall be produced in court unless, for cause shown, the court dispenses with his appearance. The provisions of rules of court regarding guardians ad litem apply, and whenever in the judgment of the court the interests of an infant defendant require it, the court shall assign an attorney to represent the infant whose compensation shall be paid by the plaintiff, or out of the estate of the infant, at the discretion of the court. (b) An infant who secretes himself or evades service of process may be proceeded against as if he were a nonresident. (c) Whoever secretes an infant against whom process has issued, so as to prevent service of the process, or prevents his appearance in court, is liable to attachment and punishment as for contempt. §13-333. Service on incompetent persons. When a person non compos mentis is a party defendant in an action, process shall be served upon him personally, if within the District, and upon his committee, if there is one within the District. § 13-334. Service on foreign corporations (a) I n an action against a foreign corporation doing business in the District, process may be served on the agent of the corporation or person conducting its business, or, when he is absent and can not be found, by leaving a copy at the principal place of business in the District, or, where there is no such place of business, by leaving a copy at the place of business or residence of the agent in the District, and that service is effectual to bring the corporation before the court. 93-025 0-64-35

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(b) When a foreign corporation transacts business in the District without having a place of business or resident agent therein, service upon any officer or a^ent or employee of the corporation in the District is effectual as to actions growing out of contracts entered into or to be performed, in whole or in part, in the District of Columbia or growing out of any tort committed in the District. § 13-335. Service by publication on domestic or foreign corporations In an action specified by section 13-336, when process can not be served upon a domestic or foreign corporation, the corporation may be proceeded against as a nonresident defendant, by notice by publication. § 13-336. Service by publication on nonresidents, absent defendants, and unknown heirs or devisees (a) I n actions specified by subsection (b) of this section, publication may be substituted for personal service of process upon a defendant who can not be found and who is shown by affidavit to be a nonresident, or to have been absent from the District for at least six months, or against the unknown heirs or devisees of deceased persons. (b) This section applies only to: (1) actions for partition; (2) actions for divorce or annulment; (3) actions by attachment; (4) actions for foreclosure of mortgages and deeds of trust; (5) actions for the establishment of title to real estate by possession; (6) actions for the enforcement of mechanics' liens, and other liens against real or personal property within the District; and (7) actions that have for their immediate object the enforcement or establishment of any lawful right, claim, or demand to or against any real or personal property within the jurisdiction of the court. § 13-337. Personal service outside District in lieu of publication (a) I n 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. § 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

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(2) the nonresidence of the defendant or his absence for at least six months is proved by affidavit to the satisfaction of the court. §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 plaintiflP, it is this day of, A. D. -, ordered before the fortieth day, his appearance to be entered herein on or that the defendant causeexclusive 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. §13^40. 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. (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, 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 ascer tain 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 ihe 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. § 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

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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 lias been used to ascertain the unknown heirs. CHAPTER 5—COUNTERCLAIMS 13-501. 13-502. 18-508. 18-604. 18-606.

Counterclaim by way of set-o£F as an action by defendant Effect of assignment. Action against principal and sureties. Action by trustee. Action by or against executor or administrator.

§ 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. § 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 oe 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. § 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. § 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. § 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.

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CHAPTER 7—TRIAL See. 13-701. Special Juries In District Court. 13-702. Jury trials in civil cases in Ckmrt of General Sessions.

§ 13-701. Special juries in District Court (a) I n a case, civil or criminal, called for trial in the United States District Court for the District of Columbia, in which either party desires a special or struck jury, the clerk shall prepa,re a list of twenty jurors from the jurors in attendance and furnish the list to each of the parties. Each part^ or his counsel may strike off the names of four persons from the list, and the persons whose names remain on the list shall thereupon be impaneled and sworn as the petit jury in the case. I f either party or his counsel neglects or refuses to strike from the list the number of names authorized by this subsection, the clerk may strike off the names, and the twelve persons whose names remain on the list shall be impaneled as the petit jury in the case. (b) I f the proceeding authorized by subsection (a) of this section is not insisted upon by eitlier party-, either party may furnish to the clerk a list of the jurors, not exceeding four in number, whom he wishes to be omitted from the panel sworn in the case, and the clerk, in making up the panel, shall omit the jurors to whom objection was so made. (c) This section does not deprive a person of the right to challenge the array or polls of a panel returned, or to have all or any of the jurors examined on their voir dire before the list is prepared to determine their competency to sit in a particular case. § 13-702. Jury trials in civil cases in Court of General Sessions When the amount in controversy in a civil action pending in the District of Columbia Court of General Sessions exceeds $20, and in all actions for the recovery of possession of real property, either party shall be entitled to a trial by jury, if he demands it in the manner provided by rules of the court. I n such a case tried by jury, the trial judge shall conduct the jury trial and according to the practice and procedure in the United States District Court for the District of Columbia, and has the same power to instruct juries, set aside verdicts, arrest judgments, and grant new trials as judges of that court.

TITLE 14—PROOF CHAPTIK 1. EVIDKNCE GENEATALLT; DEPOSITIONS 3. COMPETENCY OF WITNESSES 5. DOOUMENTABY EVIDENCE 7. ABSENCE FOB SEVEN YEABS

See. 14-101 14-301 14-501 14-701

CHAPTER 1—EVIDENCE GENERALLY; DEPOSITIONS Sec. 14-101. 14-102. 14-103. 14r-104.

Evidence under oath; affirmation In lieu of oath; perjury. Impeachment of own witness; surprise. Depositions for use in State and Territorial Courts. Testimony of nonresident witnesses for use in Court of General Sessions.

§ 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.

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(c) Whoever swears, affirms, declares, or gives testimony in any form, where an oath is authorized by law, is lawfully sworn, and is ^ i l t y of perjury in a case where he would be guilty of that crime if sworn according to the forms of the common law. § 14-102. Impeachment of own witness; surprise When the court is satisfied that the party producing a witness has been taken by surprise by the testimony of the witness, it may allow the party to prove, for the purpose only of affecting the credibility of the witness, that the witness has made to the party or to his attorney statements substantially variant from his sworn testimony about material facts in the cause. Before such proof is given, the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness, and he must be asked whether or not he made the statements and if so allowed to explain them. § 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. A § 14-104. Testimony of nonresident witnesses for use in Court of General Sessions If the testimony of nonresident witnesses is required by either party to a civil action or proceeding in the District of Columbia Court of General Sessions 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 on written interrogatories and cross-interrogatories. The written interrogatories must be filed at least three days before the issuance of the commission. The commission shall not issue unless the party or his agent or attorney applying therefor file his affidavit, setting forth that he believes that the testimony of the witnesses is material to the issue in the action or proceeding and that the motion is not made for the purpose of delay. CHAPTER 3—COMPETENCY OF WITNESSES Sec.

14^301. 14-302. 14r-303. 14-304. 14-305. 14-30U. 14-307. 14r-308. 14-309.

Parties and other interested persons generally. Testimony against deceased or incapable person. Testimony of deceased or incapable person. Death or incapacity of partner or other interested person, Conviction of crime. Husband and wife. Physicians. Assessment officials as expert witnesses in condemnation proceedings. Clergy.

§ 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 Darby to the action or proceeding.

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§ 14-302. Testimony against deceased or incapable person (a) I n 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. § 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 ^ v e n in evidence in any trial or hearing m 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. § 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. § 14-305. Conviction of crime A person is not incompetent to testify, in either civil or criminal proceedings, by reason of his having been convicted of crime. The fact of conviction may be given in evidence to affect his credibility as a witness, either upon the cross-examination of the witness or by evidence aliunde; and the party cross-examining him is not bound by his answers as to such matters. To prove the conviction of crime the certificate, under seal, of the clerk of the court wherein proceedings containing the conviction were had, stating the fact of the conviction and for what cause, is sufficient. § 14-306. Husband and wife (a) In civil and criminal proceedings, a husband or his wife is competent but not compellable to testify for or against the other. (b) In civil and criminal proceedings, a husband or his wife is not competent to testify as to any confidential communications made by one to the other during the marriage. §14-307. Physicians (a) I n the courts of the District of Columbia a physician or surgeon may not be permitted, without the consent of the person afflicted, or of his legal representative, to disclose any information, confidential

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in its nature, that he has acquired in attending a patient in a professional capacity and that was necessary to enable him to act in that capacity, whether the information was obtained from the patient or from his family or from the person or persons in charge of him. (b) This section does not apply to: (1) evidence in criminal cases where the accused is charged with causing the death of, or inflicting injuries upon, a human being, and me disclosure is required in the interests of public justice; or (2) evidence relating to the mental competency or sanity of an accused in criminal trials where the accused raises the defense of insanity, or in the pretrial or posttrial proceedings involving a criminal case where a question arises concerning the mental condition of an accused or convicted person. § 14-^08. Assessment officials as expert witnesses in condemnation proceedings In an action for the condemnation of lands, an olficial 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. § 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 courts of the District of Columbia 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) 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. CHAPTER 5—DOCUMENTARY EVIDENCE Sec. 14-BOl. 14-602. 14-608. 14-604. 14-506. 14-606. 14r-507.

Proof of record. Records of deeds, instraments, and wills. Record of will as prima facie evidence of contents and execution. Force in District of Ck>lumbia of wills probated elsewhere. Municipal ordinances and regulations. Certified mail return receipts as prima facie evidence of delivery. Other methods of proof.

§ 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.

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