Rule 71.1-I.Proceedings for Forfeiture of Property
Group IX: Special Proceedings · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 71.1-I governs civil forfeiture actions for property used in violation of the D.C. Code, requiring a court-ordered seizure and published notice, setting a return date at least 21 days after publication, and entering a default forfeiture decree if no answer or claim is filed by then.
(a)LIBEL OF INFORMATION. In all cases involving forfeiture of property for violation of any provision of the D.C. Code, the cause, unless otherwise provided by statute, must be commenced by the filing of a libel of information that alleges:
(1)a description of the property seized;
(2)the date and place of the seizure;
(3)the person or persons from whom the property was seized; and
(4)the property was used, or was to be used, in violation of the D.C. Code, specifying the applicable section(s).
(b)PROCESS. Process must be issued only on the court’s order. The order must direct:
(1)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;
(2)the Metropolitan Police Department, upon seizure, to publish public notice of the seizure and of the time assigned for return of the process:
(A)in a legal newspaper or periodical of daily circulation as prescribed in Rule 4-I; and
(B)in any other newspaper or periodical specifically designated by the court.
(c)RETURN OF PROCESS. The date of return of process must be at least 21 days from the date of publication. Publication must 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.
(d)COPIES. The libellant must send a copy of the libel of information and of the warrant issued by first class mail to:
(1)any lienholder of record;
(2)any person who has made written claim to the res to the office of the Attorney General of the District of Columbia; and
(3)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. The envelope containing this material must be marked "please forward to addressee."
(e)DEFAULT. If no answer or claim is filed upon the return of the process, a default decree of forfeiture must be entered against the property, and the court must order the condemnation and forfeiture of the property.
(f)INTERVENTION. The procedures in Rule 24 govern where there is a right to intervene in a forfeiture action. However, if all parties consent to the motion to intervene, the court must grant the motion without formal hearing.
(g)OTHER MATTERS. The Superior Court Rules of Civil Procedure govern actions for the forfeiture of property not set forth in this rule.
Comments
2017 Amendments:
Former Rule 71A-I has been redesignated as Rule 71.1-I based on the redesignation of former Rule 71A as Rule 71.1. Also, stylistic changes were made to this rule to conform with the 2007 amendments to the Federal Rules of Civil Procedure. The provisions regarding the authority of the District of Columbia to acquire property by eminent domain are now found in D.C. Code §§ 16-1311 to -1337 (2012 Repl.).
Comment:
The authority of the District of Columbia to acquire property by eminent domain is found in Section 16-311 et seq. D.C. Code 1967 Edition (transferred to Superior Court by Section 11-921 (a)(3)(A)(ii) page 12 Public Law 91-358) and by Section 7-202 et seq. D.C. Code 1967 Edition (transferred to Superior Court by Section 155 (c)(1)(A) page 98 Public Law 91-358).
The practice of eminent domain in the District Court has followed these statutory requirements as implemented by the Federal Rules of Civil Procedure. Thus, in adapting Federal Rule 71A to use by the Superior Court, only minor editorial changes have been made in the language of that Rule.
Plain-English Summary
Forfeiture cases target property rather than a person, and Rule 71.1-I sets the procedure for a District of Columbia forfeiture action from the first filing onward. Unless a specific statute says otherwise, the case begins with a “libel of information” — a filing that must describe the property seized, state the date and place of the seizure, identify the person or persons it was seized from, and specify which provision of the D.C. Code the property was used, or was going to be used, to violate.
Nothing happens to the property itself without a court order. That order directs the Metropolitan Police Department to seize the described property under a warrant of arrest with a set return date, and once seizure occurs, it directs the Police Department to publish public notice of both the seizure and the return date — in a qualifying legal newspaper and in any other publication the court specifically designates. The return date has to fall at least 21 days after that publication, and the publisher's affidavit stating the dates of publication serves as proof. The party pursuing forfeiture also has to mail a copy of the libel of information and the warrant, by first-class mail, to any known lienholder and to anyone who has made a written claim to the property or is otherwise known, or reasonably should be known, to have a claim to it.
If nobody files an answer or a claim by the time process is returned, the rule requires the court to enter a default decree of forfeiture and order the property condemned and forfeited. Someone with a right to intervene follows the ordinary intervention procedure, except that when every party consents to the motion to intervene, the court grants it without holding a formal hearing. Any gap this rule doesn't address falls back on the Superior Court's general civil rules, which govern forfeiture actions beyond what Rule 71.1-I specifically covers.
Frequently Asked Questions
What is a 'libel of information' and what must it contain?
It is the filing that commences a forfeiture action. It must describe the property seized, state the date and place of seizure, identify the person or persons the property was seized from, and specify the D.C. Code provision the property was used, or was going to be used, to violate.
Who authorizes seizure of the property, and what happens once it's seized?
Process issues only on a court order, which directs a warrant of arrest addressed to the Metropolitan Police Department to seize the property, and then directs the Department to publish public notice of the seizure and return date in a qualifying legal newspaper and any other newspaper the court designates.
How much public notice has to happen before a default forfeiture can be entered?
The return date for process must fall at least 21 days after the date of publication, and that publication must be proven by an affidavit from the publisher stating the dates it ran.
What happens if no one comes forward to claim the property?
If no answer or claim is filed by the return date, Rule 71.1-I(e) requires the court to enter a default decree of forfeiture and order the property condemned and forfeited.
Can someone with an interest in the property intervene in the forfeiture case?
Yes, following the ordinary intervention procedure in Rule 24. If every party consents to the motion to intervene, the court grants it without a formal hearing.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as:forfeiture of property dc superior courtlibel of information forfeiture dcseizure of property mpd forfeituredefault forfeiture decree dcintervening in a forfeiture case dc