Section 6-A2002. NOTIFICATION OF SUMMONSES AND COMPLAINTS

 

2002.1 A person seeking to serve a summons and complaint upon a member of the Department in connection with a civil lawsuit arising out of the performance of his or her official duties may request that the Department notify the member of the summons and complaint by transmitting via electronic mail to the Court Liaison Division:

 

(a)The summons and complaint; and

 

(b)Written certification from the party or his or her attorney (if the party is represented), upon whose behalf the summons and complaint are being served, that the summons and complaint are connected with a civil lawsuit arising out of the member’s performance of his or her official duties.

 

2002.2 The written certification shall include the following:

 

(a)The name of the case;

 

(b)The civil action number or case number;

 

(c)The name of the member listed on the summons and complaint;

 

(d)A statement that the summons and complaint arises out of the member’s performance of his or her official duties; and

 

(e)The signature of the attorney, or, if unrepresented, of the party listed on the summons and complaint.

 

2002.3 If a written certification does not accompany a summons and complaint, the Court Liaison Division shall not accept the summons and complaint and shall return the summons and complaint to the sender.

 

2002.4 For purposes of identifying the proper member, the summons and complaint must contain to the extent possible the full and correct name of the member, the Police District or unit to which the member is assigned, and the badge number of the member.

 

2002.5 If the member cannot be identified based upon the information provided in the summons and complaint, the Court Liaison Division shall not accept the summons and complaint and shall return the summons and complaint to the sender.

 

2002.6 If the member can be identified based upon the information provided in the summons and complaint, the Court Liaison Division shall facilitate service of the summons and complaint by electronically transmitting such documents to the member within two (2) business days of receipt.

 

2002.7 The named member may accept service of the summons and complaint and waive personal service by sending to the party or his or her attorney (if the party is represented) via first-class mail or other reliable means, a signed acknowledgment form within fourteen (14) calendar days of receiving the complaint and summons from the Court Liaison Division.

 

2002.8 Service shall be deemed complete when the member mails or transmits through other reliable means the acknowledgement form to the party or his or her attorney (if the party is represented).

 

2002.9 If the named member declines or otherwise fails to submit a signed acknowledgment form to the party or his or her attorney (if the party is represented) within fourteen (14) calendar days of receiving the complaint and summons from the Court Liaison Division, the summons and complaint shall not be deemed served.

 

2002.10 If the named member declines or otherwise fails to submit a signed acknowledgment form to the party or his or her attorney within the requisite time, the member may be subject to personal service of process.

authority

The Chief of Police, pursuant to the authority set forth in § 101 of the Metropolitan Police Department Amendment Act of 2006 (the Act), effective March 6, 2007 (D.C. Law 16-223; 53 DCR 10221(December 29, 2006)).

source

Notice of Emergency and Proposed Rulemaking published at 58 DCR 5210, 5213 (June 17, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8772, 8774 (October 14, 2011).

EditorNote

Notice of Final Rulemaking published at 58 DCR 8772 (October 14, 2011) repealed the pre-existing chapter 20 (Service of Process), which was created by final rulemaking on September 7, 2007, at 54 DCR 8816, and created a new chapter 20 (Service of Process).