WASHINGTON, DC LITIGATION CHEAT SHEET
2026
Beginning January 1, 2026
AUTO INSURANCE POLICY DISCLOSURE The interest rate on judgments is complex. Presof Columbia Court of Appeals, which is the court of OBLIGATIONS ently it is 5%. last resort on issues concerning District of ColumWhat is to be disclosed: Liability insurance policies bia law. issued by that carrier to an insured. The statute sets the judgment rate at “70% of the Example: If commercial auto policy is issued by rate of interest set by the Secretary of the Treasury Superior Court and Court of Appeals judges are Progressive, first-layer umbrella is issued by Chubb, pursuant to section 6621 of the Internal Revenue nominated by the President of the United States and second-layer excess is issued by Old Republic, Code of 1986 . . . for underpayments of tax to the and confirmed by the United States Senate. There then a claimant must make a demand to all three Internal Revenue Service, rounded to the nearest is a mandatory retirement age of 74. insurers to receive all three. Progressive need not full percent, or if exactly 1/2 of 1%, increased to the disclose the Chubb or Old Republic policies. next highest full percent; provided, that a court of SUPERIOR COURT When is disclosure required: 30 days of receipt competent jurisdiction may lower the rate of inter- Everything is filed electronically via eFileDC. Notifiof written request issued pursuant to D.C. Code § est under this subsection for good cause shown or cations of electronic filing are sent immediately. 31-2403.01(b) or (c). upon a showing that the judgment debtor in good What must a claimant do to be entitled to polifaith is unable to pay the judgment.” D.C. Code § Civil juries must have at least six jurors, but the cies: Identify in writing the following: 28-3302(c). The IRS regularly updates its quarterly court may empanel up to 12. D.C. Superior Court (1) Date of accident); interest rates and posts them here: <https://www. Civil Rule 48(a). (2) Name and last known address of alleged tortirs.gov/payments/quarterly-interest-rates> feasor; SMALL CLAIMS AND CONCILIATION BRANCH (3) Copy of vehicle accident report (if any); As of January 20, 2025, both the corporate and The Small Claims court has exclusive jurisdiction of (4) Insurer’s claim number; non-corporate underpayment interest rate is 7%, any action for recovery if the amount in controver(5) For personal injury claims, claimant’s health so 70% of 7 is 4.9, and “rounded to the nearest full sy does not exceed $10,000, exclusive of attorney care bills and documentation of lost income; for percent” is 5%. fees, interest, protest fees, and costs. wrongful death claims, a copy of the decedent’s death certificate. MINIMUM LIMITS Counterclaims, crossclaims, or third party comProperty damage liability: $10,000 plaints require transfer of the action to the Civil DAMAGES CAP Liability: $25,000 per person and $50,000 per Division of the Superior Court. There are no caps on economic or noneconomic accident. damages. Uninsured motorist bodily injury: $25,000 per VENUE person and $50,000 per accident. Not applicable—there is only one court in DC. PUNITIVE DAMAGES Uninsured motorist property damage: $5,000 To sustain an award of punitive damages, “the subject to a $200 deductible SERVICE OF COMPLAINT plaintiff must prove, by a preponderance of the D.C. Superior Court Civil Rule 4 governs service, evidence, that the defendant committed a tortious UNINSURED MOTORIST which largely tracks with Rule 4 of the Federal act, and by clear and convincing evidence that the An action against an unknown driver may be Rules of Civil Procedure. A plaintiff must present act was accompanied by conduct and a state of brought in the form of a breach-of-contract action proof of service within 60 days of the filing of mind evincing malice or its equivalent.” Gordon v. directly against the insurer. a complaint. The Superior Court almost always Rice, 261 A.3d 224 (D.C. 2021). There are no brightgrants extensions of time to file proof of service if line rules regarding drug or alcohol consumption UNDERINSURED MOTORIST service is not accomplished within the time period. that would make punitive damages recoverable. An action to recover underinsured motorist See Rule 4(m). benefits may be brought in the form of a breachATTORNEY FEES of-contract action directly against the insurer and TIME TO FILE RESPONSIVE PLEADINGS District of Columbia law follows the “American joined with the negligence suit brought against the Defendant has 21 days after service of the sumRule” which states that “every party to a case allegedly underinsured tortfeasor. mons and complaint to file responsive pleadings. shoulders its own attorneys’ fees, and recovRule 12(a)(1)(A). ers from other litigants only in the presence of Whether anti-stacking clauses in UIM endorsestatutory authority, a contractual arrangement, or ments are contrary to public policy is an outstand- Responsive pleadings include a motion to dismiss certain narrowly-defined common law exceptions.” ing question of District of Columbia law. See Illinois or an answer. Motions to dismiss on the basis of Synanon Found., Inc. v. Bernstein, 517 A.2d 28, 35 Farmers Ins. Co. v. Hagenberg, 167 A.3d 1218, 1229 lack of personal jurisdiction, improper service, (D.C. 1986). n.14 (D.C. 2017) (expressly limiting discussion to defective service, or failure to state a claim upon Illinois law and warning that it is not to be consid- which relief may be granted must be filed before INTEREST ered under D.C. law). the defendant answers. Post-judgment interest is mandatory and runs on the date from which judgment is entered, irrespec- STRUCTURE OF COURT SYSTEM tive of pending appeals. D.C. Code § 15-109; Sloan The court-of-record is the Superior Court of the v. Allen, 323 A.3d 439 (D.C. 2024). District of Columbia. The Superior Court is divided into numerous divisions, including the Civil Division, Prejudgment interest is available only on “liquidat- Criminal Division, Probate Division, Tax Division, ed” debts, which arise at an easily discernable sum Domestic Violence Division, and Family Division. certain. Aon Risk Servs. v. Estate of Coyne, 915 A.2d 370 (D.C. 2007). Appeals from the Superior Court go to the District
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WASHINGTON, DC LITIGATION VENUE MAP & RULES
2026
Beginning January 1, 2026
DEFAULT JUDGMENT If the minor is married to a person 18 years of age Bier, 758 A.2d 40, 48–49 (D.C. 2000). D.C. Superior Court Civil Rule 55 governs default, or older, the spouse is the preferred guardian over which differs substantially from Rule 55 of the Fed- strangers. RESPONDEAT SUPERIOR eral Rules of Civil Procedure. However, there are To find an employer liable for the negligence of some similarities with the federal rule. A plaintiff CONTRIBUTORY NEGLIGENCE/MODIFIED an employee, (1) there must be an employment must first request the clerk enter default against a COMPARATIVE FAULT relationship between the tortfeasor and employdelinquent defendant. Within 60 days of the entry Depending on the nature of the suit, District of er, and (2) the tortfeasor must have been acting of default, a party may then seek a default judgColumbia may have pure contributory negligence within the course and scope of his employment at ment and request a hearing to present ex parte as an available defense or a modified comparative the time of the tortious conduct. Giles v. Shell Oil proof of damages. fault regime. Corp., 487 A.2d 610, 611 (D.C. 1985). Default judgment may be entered against minors Under D.C. Code § 50-2204.52(a), a “vulnerable In determining whether an act is within the course or incompetent persons only if the minor or user of a public highway or sidewalk” will not and scope of employment, District of Columbia law incompetent person is represented by a generbe barred from recovery unless his negligence is follows Section 228 of the Restatement (Second) al guardian, committee, conservator, or other greater than the aggregated total negligence of all of Agency, which sets forth the following analytical fiduciary. defendants where he is involved in (1) a collision framework: with a motor vehicle of another “vulnerable user” (1) Conduct of a servant is within the scope of STATUTES OF LIMITATIONS or (2) a collision with a pedestrian. employment if, but only if: Personal injury, Medical Malpractice, Breach of A “‘vulnerable user’ means an individual using (a) it is of the kind [the person] is employed to Contract—3 years an all-terrain vehicle, bicycle, dirt bike, electric perform; Wrongful Death—2 years after the death of the mobility device, motorcycle, motorized bicycle, (b) it occurs substantially within the authorized person injured. motor-driven cycle, non-motorized scooter, pertime and space limits; Intentional Torts—1 year sonal mobility device, skateboard, or other similar (c) it is actuated, at least in part, by a purpose to Damages to real property from toxic substances device.” D.C. Code § 50-2204.51(13). serve the master, and (D.C. Code § 12-301(a)(10))—5 years from the Except with respect to the limitation set forth in (d) if force is intentionally used by the servant date the injury is discovered or with reasonable D.C. Code § 50-2204.52(a), pure contributory neg- against another, the use of force is not unexpectdiligence should have been discovered. ligence is available as a defense, and a plaintiff’s able by the master. Damages arising from sexual abuse: negligence, no matter how slight, is a complete bar (2) Conduct of a servant is not within the scope • If occurred when victim was less than 35 years to her recovery. Phillips v. Fujitec Am., Inc., 3 A.3d of employment if it is different in kind from that old, then when the victim attains the age of 40 or 324, 328 (D.C. 2010). authorized, far beyond the authorized time or 5 years from when the victim knew, or reasonably Proof of a defendant’s violation of a statute space limits, or too little actuated by a purpose to should have known, of any act constituting sexual enacted for the purpose of “protecting persons serve the master. abuse, whichever is later (D.C. Code § 12-301(a) from their own negligence” is “a basis for lifting Trump v. Carroll, 292 A.3d 220, 228 (D.C. 2023). An (11)); or the contributory negligence bar[.]” Civic v. Signa- employer will be held responsible for the inten• If occurred when the victim was 35 years old ture Collision Ctrs., LLC, 221 A.3d 528, 531 (D.C. tional torts of his employee even if the tort was or older, then 5 years, or 5 years from when the 2019). Such proof is a basis for a directed verdict prompted partially by the employee’s personal victim knew, or reasonably should have known, of negligence per se against a defendant, thereby motives, so long as the employee acts in part to of any act constituting sexual abuse, whichever is withdrawing the issue from the jury. Asal v. Mina, serve his employer’s interest. Hechinger Co. v. later. (D.C. Code § 12-301(a)(12)) 247 A.3d 260, 269–70 (D.C. 2021). Johnson, 761 A.2d 15, 24 (D.C. 2000). MINOR SETTLEMENTS CODEFENDANT LIABILITY COLLATERAL SOURCE RULE Settlements involving the release of liability in Where there are other tortfeasors who have not Plaintiffs may recover as-billed medical expenses, connection with an action is not valid unless apbeen sued, a defendant-tortfeasor may implead and evidence of discounts or payments is not proved by a judge of the court in which the action any other joint tortfeasor for contribution. admissible. Hardi v. Mezzanotte, 818 A.2d 974 is pending. D.C. Code § 21-120(a). A non-settling defendant is entitled to a pro tanto (D.C. 2003). One receiving money or other property on behalf (dollar-for-dollar) credit for the amount paid by Collateral source does not apply in a subrogation of a minor must qualify as a guardian of the estate the settling defendants who are not joint tortfea- case where an insurance contract contains a of a minor and must be appointed as the guardian. sors and to a pro rata (proportionate shares of standard subrogation clause whereby the insured D.C. Code § 21-120(b). liability among joint tortfeasors) credit based on surrenders to the insurer all rights they might have A minor over the age of 14 may select his or her the non-settling defendant’s right to contribution exercised against the tortfeasor with respect to own guardian and, if one had been appointed against a settling joint tortfeasor. Berg v. Footer, amounts paid by the insurer. Mancuso v. Chapel prior, may terminate the existing guardian. 673 A.2d 1244, 1245, 1248 (D.C. 1996). Valley Landscape Co., 318 A.3d 547, 559 (D.C. Either of the living parents are preferred guardians All defendants seeking contribution from each oth- 2024). over strangers. er must file cross-claims before the verdict. Paul v.
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