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§ Rule 71A-I. Proceedings for Forfeiture of Property

Codes > District of Columbia Official Code > Superior Court > VIII. Provisional > Rule 71A-I.

Rule 71A-I. Proceedings for Forfeiture of Property

 

(a) Libel of Information.In all cases involving forfeiture of property for violation of any provision of the District of Columbia Code, the cause, unless otherwise provided by statute, shall be commenced by the filing of a libel of information.

 

Said libel of information shall allege a description of the property seized, the date and place of the seizure, the person or persons from whom the property was seized, and that the property was used, or was to be used, in violation of the District of Columbia Code, specifying the applicable section(s).

 

(b) Process.Process shall be issued only upon order of Court. Such order shall direct the issuance of a warrant of arrest with a return date addressed to the Chief of the Metropolitan Police Department or the Chief's designee directing the Metropolitan Police Department to seize the property described in the libel of information. It shall further direct that upon seizure, the Metropolitan Police Department shall cause public notice thereof and of the time assigned for return of such process to be given once in a legal newspaper or periodical of daily circulation as prescribed in SCR Civil 4-I and any other newspaper or periodical specifically designated by the Court. The date of return of process shall be at least 20 days from the date of publication. Publication shall be provided by an affidavit of an officer or agent of the publisher stating the dates of publication with an attached copy of the order as published.

 

The libellant shall send a copy of the libel of information and of the warrant issued thereon by 1st class mail to any lienholder of record, to any person who has made written claim to the res to the office of the Attorney General of the District of Columbia, and to any other person who is known or in the exercise of reasonable diligence should be known to the Attorney General to have a right of claim to the res, at the person's last known address. Said envelope containing this material shall be marked “please forward to addressee.”

 

(c) Default.If no answer or claim is filed upon the return of the process, a default decree of forfeiture shall be entered against the property before the court, and the court shall order the condemnation and forfeiture of said property.

 

(d) Intervention.The procedures set forth in Rule 24 of these Rules shall govern in all cases where there is a right to intervene in the forfeiture action. Where, however, all parties consent to the motion to intervene, such motion shall be entered by the Court as granted without formal hearing.

 

(e) Other Matters.Except as hereinabove provided, the Civil Rules of this Court shall govern, so far as practicable, actions for the forfeiture of property as set forth in this Rule.