Rule 4.1.Serving Other Process
Group II: Commencing an Action; Service of Process, Pleadings, Motions, and Orders · Last amended 2017 · Last verified July 14, 2026
Full Text of Rule 4.1
Comments
This rule was amended to conform to the 2007 stylistic changes to Federal Rule of Civil Procedure 4.1. However, the Superior Court rule maintains several existing substantive differences, including the following language substitutions in section (a): 1) “unless otherwise provided by statute, by a person who is not a party and not less than 18 years of age” is substituted for “by a person specially appointed for that purpose”; 2) “District of Columbia” is substituted for “state where the district court is located”; and 3) “applicable statute” is substituted for “federal statute.” Also, section (b) conforms to D.C. Code § 11-943 (2012 Repl.), which provides that any order of commitment for civil contempt may be served not more than 100 miles from the District of Columbia.
Rule 4.1 is substantially identical to Federal Rule of Civil Procedure 4.1, which sets forth provisions on service of process other than a summons or subpoena. Most of the variations from federal rule language are self-explanatory. The principal change involves the deletion from subdivision (b) of a provision for nationwide service of process of a Federal court order for civil commitment of a person held to be in contempt of a decree or injunction issued to enforce the laws of the United States. This provision is not applicable to Superior Court and has thus been deleted.
Plain-English Summary
Not every document a court issues is a summons under Rule 4 or a subpoena under Rule 45, and Rule 4.1 fills that gap. It covers process of any other kind — orders, decrees, and similar directives the court issues in the course of a case. That process must be served by a United States marshal or deputy marshal, or, unless a statute says otherwise, by any person who is not a party and is at least 18 years old. It may be served anywhere within DC's territorial limits, and beyond those limits if a statute specifically authorizes it. Proving that this kind of service happened follows the same affidavit procedure Rule 4(l) sets out for summons service.
Rule 4.1(b) singles out one category for special treatment: an order committing a person for civil contempt. That kind of order cannot be served just anywhere process is otherwise reachable — it must be served within DC itself or within 100 miles of the District. This reflects a deliberate choice to keep Superior Court's contempt-commitment power geographically tied to the jurisdiction it serves, rather than reaching nationwide the way some federal contempt orders can.
Frequently Asked Questions
What kind of process does Rule 4.1 cover?
Who is allowed to serve this kind of process?
A United States marshal or deputy marshal, or, unless a statute provides otherwise, any person who is not a party and is at least 18 years old.
Where can process under Rule 4.1 be served?
Anywhere within the territorial limits of the District of Columbia, and beyond those limits if a statute specifically authorizes service there.
Is there a special rule for orders committing someone to jail for civil contempt?
Yes. Rule 4.1(b) requires that this kind of order be served only within the District of Columbia or within 100 miles of it, rather than allowing the broader reach available for other process.
How do I prove this kind of service was completed?
Rule 4.1(a) directs that proof of service follow Rule 4(l), the same affidavit-based proof-of-service procedure used for serving a summons and complaint.