Who may serve a summons and complaint in Washington DC?

Any person who is at least 18 years old and not a party to the case, under Superior Court Civil Rule 4(c)(2). A United States marshal or deputy marshal serves only on behalf of the federal government or when the court orders it in a particular case.

Can I serve my own summons in a Washington DC lawsuit?

No. Rule 4(c)(2) requires the server to be at least 18 and not a party to the action, so a plaintiff or defendant cannot serve their own summons. Someone else who meets the age and non-party requirement, or an authorized marshal, must do it.

Does Washington DC require an affidavit or a declaration to prove service?

The return of service must be made under oath, under Rule 4(l)(1)(A), and the Civil Division's Form CV-3035 jurat is signed before a notary or deputy clerk. A return made by a United States marshal or deputy marshal needs no oath.

Is ordinary mail alone enough to serve a Washington DC summons?

No. Ordinary first-class mail alone does not serve a summons in Washington DC. Registered or certified mail, return receipt requested, is a standalone method under Rule 4(c)(4), or first-class mail may be used with two copies of the Notice and Acknowledgment, Civil Action Form 1-A, and a prepaid return envelope under Rule 4(c)(5)(A); if the acknowledgment is not returned within 21 days, the remedy is cost-shifting toward another method of service.

How long do I have to serve a summons in Washington DC, and to file proof?

The summons must be served, and proof of service or an acknowledgment of service filed, within 60 days after the complaint is filed, under Rule 4(m)(1)(A), or within 60 days of the return date in a publication order. Washington DC does not set a separate, later deadline just to file the proof; both deadlines run together.

What happens if I miss the Washington DC deadline to serve and file proof?

The clerk automatically enters dismissal of the complaint without prejudice, under Rule 4(m)(4), with notice served on all parties. A plaintiff may file a motion before the deadline expires asking the court to extend it for good cause, under Rule 4(m)(2).

How do I prove service of a motion or other later paper in a Washington DC case?

Later papers are generally served on the attorney of record under Rule 5(b)(1), by hand delivery, leaving the paper at the person's office with a clerk or person in charge, or at the person's dwelling with someone of suitable age and discretion if there is no office or it is closed, mailing to the last known address, or electronic means the recipient has consented to, under Rule 5(b)(2). Washington DC's Rule 5 has no certificate-of-service requirement; proof instead is governed by Rule 5-I, which accepts a written acknowledgment, an affidavit, a certificate from a member of the court's Bar, or other proof satisfactory to the court, and no proof at all is required for a paper served through the court's electronic filing system.

Does this Washington DC proof of service cover federal court, service abroad, or a government defendant?

No. Service on the United States government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

Washington DC Proof of Service

Q: Is there an official Washington DC proof of service form?

There is no rule-mandated numbered proof-of-service form for a summons; Rule 4(l)(1)(A) lists the content the return must contain instead. The Civil Division's own Form CV-3035, Affidavit of Service by Special Process Server, implements that content, and Civil Action Form 1-A, the Notice and Acknowledgment of Service, is referenced by rule number for mail service under Rule 4(c)(5)(A). If the court requires its own version of either form, that form controls.

Washington DC folds the deadline to serve a summons and to file proof of service into one 60-day period that ends in automatic dismissal, requires the return be made under oath, and bars a party from serving their own summons.

Find out where you stand in Washington DC

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

Washington DC bars a party from serving their own summons. Only a person at least 18 and not a party may serve, under Superior Court Civil Rule 4(c)(2); a marshal serves only for the federal government or when the court orders it. There is no rule-mandated numbered proof form; Rule 4(l)(1)(A) lists the required content, and the Civil Division's own Form CV-3035 implements it, though the court's own version controls if required. The return must be made under oath, and Form CV-3035's jurat is signed before a notary or deputy clerk, except a marshal's return needs no oath. Rule 4(e)(2)(A) allows personal delivery, and Rule 4(e)(2)(B) allows leaving the papers at the person's dwelling with someone of suitable age and discretion who lives there. Ordinary first-class mail alone does not serve a summons. Registered or certified mail, return receipt requested, is a standalone method; first-class mail with two copies of the Notice and Acknowledgment, Form 1-A, and a prepaid return envelope also works, and if not returned within 21 days, the remedy is cost-shifting toward another method. The deadlines are combined: serve, and file proof or an acknowledgment, within 60 days after the complaint is filed, or the clerk dismisses the case without prejudice. Later papers go to the attorney of record under Rule 5(b); Rule 5 has no certificate-of-service requirement, and proof under Rule 5-I is not required for a paper served through e-filing. Federal, foreign, and government-entity service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

1
Any person who is at least 18 years old and not a party may serve the summons and complaint (Rule 4(c)(2)); a United States marshal or deputy marshal serves only for the federal government or when the court orders it (Rule 4(c)(3)). There is no rule-mandated numbered proof-of-service form; Rule 4(l)(1)(A) lists the required content, and the Civil Division's own Form CV-3035 implements it, though the court's own version controls if one is required.
2
The return of service must be made under oath, under Rule 4(l)(1)(A), so the person who served the papers signs before a notary or deputy clerk, unless a United States marshal or deputy marshal made the return, which needs no oath.
3
Personal delivery to the individual is a method of service (Rule 4(e)(2)(A)); for a corporation, partnership, or association, delivery to an officer, managing or general agent, or other authorized agent is sufficient (Rule 4(h)(1)(B)).
4
Rule 4(e)(2)(B) also allows leaving the papers at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; the rule does not require a separate follow-up mailing for this method.
5
Ordinary first-class mail alone does not serve a summons. Registered or certified mail, return receipt requested, is a standalone method under Rule 4(c)(4), or first-class mail may be used with two copies of the Notice and Acknowledgment, Civil Action Form 1-A, and a prepaid return envelope under Rule 4(c)(5)(A); if the acknowledgment is not returned within 21 days, the remedy is cost-shifting toward another method, not automatic invalidity.
6
If diligent efforts at personal, abode, or mail service fail, the court may order an alternative method reasonably calculated to give actual notice, including delivery to the individual's employer, email under certain conditions, or publication (Rule 4(e)(3)-(4)).
7
The summons must be served, and proof of service or an acknowledgment of service filed, within 60 days after the complaint is filed, under Rule 4(m)(1)(A); missing it results in the clerk automatically dismissing the complaint without prejudice (Rule 4(m)(4)), though a plaintiff may move before the deadline expires to extend it for good cause (Rule 4(m)(2)).

Key decisions before you file

Before you file a Proof of Service in Washington DC, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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AFFIDAVIT OF SERVICE

Washington DC has no rule-mandated numbered proof-of-service form; Rule 4(l)(1)(A) lists the required content instead. The Civil Division's own Form CV-3035, Affidavit of Service by Special Process Server, implements that content, and the court's own version controls if required.

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT NAME], Defendant.

Case No. [CASE NUMBER]

I, [SERVER NAME], residing or maintaining a business address at [SERVER ADDRESS], being at least 18 years of age and not a party to this action, state as follows:

I served the Summons, Complaint, Initial Order, [ANY ADDENDUM], and [ANY OTHER ORDER] on [NAME OF PERSON OR ENTITY SERVED] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR PLACE OF SERVICE].
Method of service (select the method used):

[ ] PERSONAL DELIVERY. I personally delivered the documents to [NAME OF PERSON SERVED], under Rule 4(e)(2)(A).

[ ] ABODE SERVICE. I left the documents at the dwelling or usual place of abode of [DEFENDANT NAME] with [NAME OF PERSON OF SUITABLE AGE AND DISCRETION], who resides there, under Rule 4(e)(2)(B).

[ ] REGISTERED OR CERTIFIED MAIL. I mailed the documents to [NAME OF PERSON OR ENTITY SERVED] by registered or certified mail, return receipt requested, on [DATE OF MAILING], under Rule 4(c)(4). The signed return receipt is attached, together with a statement of the case caption and number, my name and address, and a statement that the mailing contained the documents listed above, under Rule 4(l)(1)(B).

[ ] MAIL WITH NOTICE AND ACKNOWLEDGMENT. I mailed the documents by first-class mail on [DATE OF MAILING], with two copies of the Notice and Acknowledgment of Service, Civil Action Form 1-A, and a prepaid return envelope, under Rule 4(c)(5)(A). The signed acknowledgment was returned on [DATE ACKNOWLEDGMENT RETURNED] and is attached.

[ ] COURT-ORDERED ALTERNATIVE SERVICE. Under the order of this Court dated [DATE OF ORDER], entered after a showing that diligent efforts at service failed, I served the documents by [DESCRIPTION OF COURT-ORDERED METHOD] on [DATE OF SERVICE], under Rule 4(e)(3).

The person served was not the named defendant individually. Facts showing that person's authority or relationship qualifies them to receive process under Rule 4(e) through (j): [DESCRIPTION OF AUTHORITY, RELATIONSHIP, AND QUALIFYING FACTS].

I swear or affirm under oath that the foregoing is true, as Rule 4(l)(1)(A) requires.

[SIGNATURE OF SERVER] [PRINTED NAME OF SERVER]

Subscribed and sworn to before me this [DAY] day of [MONTH], [YEAR].

[NOTARY SIGNATURE] Notary Public or Deputy Clerk, District of Columbia My commission expires: [DATE]

MARSHAL'S RETURN

I am a United States marshal or deputy marshal and I certify that I served the documents as described above. No oath is required, under Rule 4(l)(1)(A).

[SIGNATURE OF MARSHAL OR DEPUTY MARSHAL]

PROOF OF SERVICE OF LATER PAPERS

On [DATE], I served a copy of [TITLE OF LATER PAPER] on [NAME OF ATTORNEY OF RECORD OR PARTY IF UNREPRESENTED] by [METHOD UNDER RULE 5(b)(2), SUCH AS HAND DELIVERY, MAIL, OR CONSENTED ELECTRONIC MEANS].

I declare under penalty of perjury that the foregoing is true and correct.

[SIGNATURE] [NAME OF PERSON WHO SERVED THE LATER PAPER]

Washington DC Requirements for Proof of Service

Non-Party Server Age 18 or Older
A summons may be served only by a person who is at least 18 years old and not a party to the action; a party cannot serve their own summons (Super. Ct. Civ. R. 4(c)(2)).
Marshal Service Limited to Federal or Court-Ordered Cases
A United States marshal or deputy marshal serves a summons only when service is on behalf of the United States or a federal officer or agency, or when the court orders it necessary in that action (Super. Ct. Civ. R. 4(c)(3)).
Return of Service Made Under Oath
The return of service of a summons must be made under oath, and Form CV-3035's jurat is signed before a notary or deputy clerk; a return made by a United States marshal or deputy marshal needs no oath (Super. Ct. Civ. R. 4(l)(1)(A)).
Form CV-3035 Implements the Required Affidavit Content
Rule 4(l)(1)(A) lists the content a proof of service must contain rather than naming a mandatory numbered form; the Civil Division's own Form CV-3035, Affidavit of Service by Special Process Server, implements that content, and the court's own version controls if one is required.
Registered or Certified Mail as a Standalone Method
Registered or certified mail, return receipt requested, is a standalone method of serving a summons, not merely a fallback, and the signed return receipt must be attached to an affidavit under Rule 4(l)(1)(B) (Super. Ct. Civ. R. 4(c)(4)).
Notice and Acknowledgment Required for First-Class Mail Service
First-class mail service of a summons requires two copies of the Notice and Acknowledgment, Civil Action Form 1-A, and a prepaid return envelope; if the acknowledgment is not returned within 21 days, the remedy is cost-shifting toward another method (Super. Ct. Civ. R. 4(c)(5)(A)).
Combined 60-Day Deadline to Serve and File Proof
The summons must be served, and proof of service or an acknowledgment of service filed, within 60 days after the complaint is filed, or within 60 days of the return date in a publication order (Super. Ct. Civ. R. 4(m)(1)(A)).
Automatic Clerk-Entered Dismissal for a Missed Deadline
Missing the 60-day deadline results in the clerk automatically entering dismissal of the complaint without prejudice, with notice served on all parties; a plaintiff may move before the deadline expires to extend it for good cause (Super. Ct. Civ. R. 4(m)(2), (m)(4)).
No Certificate of Service for Later Papers
Washington DC's Rule 5 has no certificate-of-service requirement; proof of service of later papers is governed separately by Rule 5-I, which is waived entirely for a paper served through the court's electronic filing system (Super. Ct. Civ. R. 5-I(a)-(b)).

Find out where you stand in Washington DC

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

Washington DC Requirements for Proof of Service

Non-Party Server Age 18 or Older

Marshal Service Limited to Federal or Court-Ordered Cases

Return of Service Made Under Oath

Form CV-3035 Implements the Required Affidavit Content

Registered or Certified Mail as a Standalone Method

Notice and Acknowledgment Required for First-Class Mail Service

Combined 60-Day Deadline to Serve and File Proof

Automatic Clerk-Entered Dismissal for a Missed Deadline

No Certificate of Service for Later Papers

Frequently Asked Questions