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Why do I have to redact personal identifying information?

The Superior Court adopted a privacy rule, SCR 5(f)(1), which applies to most divisions, requiring that the filer redact or remove from the public record the following information: Social Security numbers, dates of birth, financial account numbers and names of minors. If you need to include such information in a particular filing, a motion should be filed seeking permission to file the unredacted filing under seal and, upon approval by the court, a redacted copy can then be submitted, in paper, under seal.

Why must I pay an additional $18.00 for a second writ of restitution to evict a tenant?

After a writ of restitution has been filed in the Landlord and Tenant clerk's office and the US Marshal has not evicted the tenant within the applicable 75 days, only an additional $18.00 is required for a second writ of restitution, $8.00 for the US Marshal fee and $10 for the clerk's. Any questions regarding eviction procedures must be directed to the US marshal. The US marshal's office is located on the C level in the main building of the H. Carl Moultrie Courthouse. Only a landlord and tenant judge may set aside the $10 clerk's fee.

Do I need to bring anything to file the suit?

You should bring a copy of the Notice to Correct and/or Vacate in English and Spanish, for cases brought against tenants for any reason, except non-payment of rent cases and drug haven cases. (A landlord may be required to give a tenant a notice to quit prior to filing a non-payment of rent case, but you are not required to bring it to court to file the lawsuit. If you are not sure whether you are required to serve a notice to quit, you should seek legal advice or information from a private attorney or the Landlord and Tenant Resource Center.) The Landlord and Tenant Clerk's Office supplies the complaint form, which is filled out once you arrive at the courthouse.

How do I prepare for court?

"All parties can bring witnesses (people who have first-hand knowledge of the case) to court to testify under oath at the hearing. If a witness will not agree to appear in court, the Court can issue a subpoena ordering the person to show up in court or give the Court documents that support the case. The subpoena must be served on the witness by a process server. The process server does not have to be approved by the Small Claims Clerk’s Office but must be over the age of 18 and cannot be a party to the case. The subpoena can be served in the District of Columbia or within 25 miles of the Court. All parties should bring to court, documents (contracts, receipts, promissory notes, letters, canceled checks, pictures or other written material) or other proof that relate to the case and all court documents filed in the Small Claims Clerk’s Office. A subpoena can also be issued to order a person to bring documents to court. There is no filing fee to issue a subpoena to a witness or to request documents. The subpoena should be issued well before the hearing date so there is time to serve it. Proof of service of the subpoena should be filed in the Small Claims Clerk’s Office, noting the manner of service, name of the person served and signed by the person who made the service, five business days before the court date. The proof of service is on the back of the subpoena form."