§ Rule 40-III. Collection and Subrogation Cases
Rule 40-III. Collection and Subrogation Cases
(a) Applicability.This Rule applies to all civil actions in which the complaint seeks collection of a liquidated debt of greater than the maximum amount set under D.C. Code Sec. 11-1321 for jurisdiction of actions in the Small Claims and Conciliation Branch or recovery as subrogee of damages of greater than the maximum amount set under D.C. Code Sec. 11-1321 for jurisdiction of actions in the Small Claims and Conciliation Branch.
(b) Time Allowed for Service of Process.Notwithstanding the provisions of Rule 4(m), proof of service of the summons and any complaint embraced within section (a) of this rule must be made no later than 180 days after the filing of the complaint. Failure to comply with the requirements of this Rule shall result in the dismissal without prejudice of the complaint. The Clerk shall enter the dismissal and shall serve notice thereof on the parties entitled thereto.
(c) Extension of Time for Service of Process.Notwithstanding the provisions of Rule 6(b), the time allowed for service of process of complaints covered by this Rule will not be extended unless a motion for extension of time is filed within 180 days after the filing of the complaint. The motion must set forth in detail the efforts which have been made, and will be made in the future, to obtain service. An extended period for service will be granted only if exceptional circumstances, detailed in the motion, demonstrate that additional time is required in order to prevent manifest injustice.
(d) Plaintiff's Consent to Hearing Commissioner Calendar.Upon filing any complaint covered by this Rule, plaintiff may file a written consent to have the complaint assigned to a hearing commissioner calendar. If such consent is filed, the hearing commissioner may rule on any motion, and take any other judicial action (including conducting ex parte proof of damage hearings), as to any defendant who has not answered or otherwise responded to the complaint.
(e) Initial Status Hearing.As soon as practicable after the filing of any defendant's response to a complaint covered by this Rule, the Court shall notify the parties to appear for an initial status hearing. If all appearing parties so consent, the case, including all claims therein, shall be assigned to the hearing commissioner calendar. If the parties have thus consented, the hearing commissioner will ascertain the status of the case, rule on any pending motions, explore the possibilities for early resolution through settlement or alternative dispute resolution techniques, and determine a reasonable time frame for bringing the case to conclusion. After consulting with the attorneys for the parties and with any unrepresented parties, the hearing commissioner will schedule future events in the case.
(f) Withdrawal of Consent to Hearing Commissioner Calendar.If a party has consented to the assignment of the case to the hearing commissioner calendar, such consent may be withdrawn only for good cause shown upon leave of the presiding judge of the Civil Division or that judge's designee.
(g) Copies of Papers to Magistrate Judge.In any case assigned to the magistrate judge calendar, the party filing any motion or any paper relating to a motion (i.e., an opposition to a motion, memorandum of points and authorities, exhibits related thereto or proposed order) shall, unless the filings are designated as ones which may be electronically filed, hand-deliver (or if the original paper has been mailed, may mail), on the date the original is filed or mailed, a copy thereof to the court mail depository of the magistrate judge currently assigned to the collection/subrogation calendar. No other pleading or paper shall be so delivered unless so ordered.
(h) Assignment to a Judge's Calendar.In any case embraced within section (a) of this rule, if the plaintiff does not file a consent as provided in section (d) of this Rule, the case shall be assigned to a judge's individual calendar pursuant to Rule 40-I. A complaint covered by this rule shall also be promptly assigned to a judge's individual calendar pursuant to Rule 40-I if any party makes a jury demand or fails at the Initial Status Hearing to consent to assignment of the case to the hearing commissioner calendar.