Subchapter III. Miscellaneous Provisions.


  • Current through October 23, 2012
  • Subject to Title 23, judges of the Superior Court may, at any time, including Sundays and legal holidays, on complaint or application under oath or actual view, issue warrants for arrest, search or seizure, or electronic surveillance in connection with crimes and offenses committed within the District of Columbia, or for administrative inspections in connection with laws relating to the public health, safety, and welfare. Each proceeding respecting a warrant shall be recorded as prescribed by the court. Warrants shall be issued free of charge.

    (July 29, 1970, 84 Stat. 487, Pub. L. 91-358, title I, § 111.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 11-941.

    1973 Ed., § 11-941.

  • Current through October 23, 2012 Back to Top
  • (a) The Superior Court may compel the attendance of witnesses by attachment. At the request of any party, subpenas [subpoenas] for attendance at a hearing or trial in the Superior Court shall be issued by the clerk of court. A subpena [subpoena] may be served at any place within the District of Columbia, or at any place without the District of Columbia that is within twenty-five miles of the place of the hearing or trial specified in the subpena [subpoena]. The form, issuance, and manner of service of the subpena [subpoena] shall be as prescribed by the rule of the court.

    (b) A subpena [subpoena] in a criminal case in which a felony is charged may be served at any place within the United States upon order of a judge of the court.

    (July 29, 1970, 84 Stat. 487, Pub. L. 91-358, title I, § 111.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 11-942.

    1973 Ed., § 11-942.

    Editor's Notes

    Throughout the section, "subpoena" and "subpoenas" were inserted, in brackets, to correct misspellings.

  • Current through October 23, 2012 Back to Top
  • (a) All process other than a subpena [subpoena] may be served at any place within the District of Columbia, and, when authorized by statute or by the Federal Rules of Civil Procedure, at any place without the District of Columbia.

    (b) Service upon a third-party defendant, upon a person whose joinder is needed for just adjudication, and upon persons required to respond to any order of commitment for civil contempt may be served at all places outside the District of Columbia that are not more than one hundred miles from the place of hearing or trial specified.

    (c) The form, issuance, and manner of service of process shall be prescribed by rule of the court.

    (July 29, 1970, 84 Stat. 487, Pub. L. 91-358, title I, § 111.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 11-943.

    1973 Ed., § 11-943.

    Editor's Notes

    In subsection (a) of this section, "subpoena" was inserted, in brackets, to correct a misspelling.

  • Current through October 23, 2012 Back to Top
  • (a) Subject to the limitation described in subsection (b), and in addition to the powers conferred by section 402 of title 18, United States Code, the Superior Court, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court.

    (b)(1) In any proceeding for custody of a minor child conducted in the Family Division of the Superior Court under paragraph (1) or (4) of section 11- 1101, no individual may be imprisoned for civil contempt for more than 12 months (except as provided in paragraph (2)), pursuant to the contempt power described in subsection (a), for disobedience of an order or for contempt committed in the presence of the court. This limitation does not apply to imprisonment for criminal contempt or for any other criminal violation.

    (2) Notwithstanding the provisions of paragraph (1), an individual who is charged with criminal contempt pursuant to paragraph (3) may continue to be imprisoned for civil contempt until the completion of such individual's trial for criminal contempt, except that in no case may such an individual be imprisoned for more than 18 consecutive months for civil contempt pursuant to the contempt power described in subsection (a).

    (3)(A) An individual imprisoned for 6 consecutive months for civil contempt for disobedience of an order in a proceeding described in paragraph (1) who continues to disobey such order may be prosecuted for criminal contempt for disobedience of such order at any time before the expiration of the 12-month period that begins on the first day of such individual's imprisonment, except that an individual so imprisoned as of the date of the enactment of this subsection may be prosecuted under this subsection at any time during the 90- day period that begins on the date of the enactment of this subsection.

    (B) The trial of an individual prosecuted for criminal contempt pursuant to this paragraph --

    (i) shall begin not later than 90 days after the date on which such individual is charged with criminal contempt;

    (ii) shall, upon the request of the individual, be a trial by jury; and

    (iii) may not be conducted before the judge who imprisoned the individual for disobedience of an order pursuant to subsection (a).

    (July 29, 1970, 84 Stat. 487, Pub. L. 91-358, title I, § 111; Sept. 23, 1989, 103 Stat. 633, Pub. L. 101-97, § 2(a).)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 11-944.

    1973 Ed., § 11-944.

  • Current through October 23, 2012 Back to Top
  • Each judge and each employee of the Superior Court authorized by the chief judge may administer oaths and affirmations and take acknowledgments.

    (July 29, 1970, 84 Stat. 487, Pub. L. 91-358, title I, § 111.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 11-945.

    1973 Ed., § 11-945.

  • Current through October 23, 2012 Back to Top
  • The Superior Court shall conduct its business according to the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure (except as otherwise provided in Title 23) unless it prescribes or adopts rules which modify those Rules. Rules which modify the Federal Rules shall be submitted for the approval of the District of Columbia Court of Appeals, and they shall not take effect until approved by that court. The Superior Court may adopt and enforce other rules as it may deem necessary without the approval of the District of Columbia Court of Appeals if such rules do not modify the Federal Rules. The Superior Court may appoint a committee of lawyers to advise it in the performance of its duties under this section.

    (July 29, 1970, 84 Stat. 487, Pub. L. 91-358, title I, § 111.)

    HISTORICAL AND STATUTORY NOTES

    Prior Codifications

    1981 Ed., § 11-946.

    1973 Ed., § 11-946.