The DC motion to dismiss: six grounds, and sixty days if you are suing the government
District of Columbia procedure · Last verified August 17, 2026
Two things separate the District's Rule 12 from the federal rule it otherwise tracks.
Improper venue is not one of the grounds. The enumerated list runs to six, not seven.
And the answer period triples for government defendants. An ordinary defendant has 21 days; the District, the United States, and their agencies, officers and employees have 60.
The deadlines
D.C. Super. Ct. Civ. R. 12(a)(1):
In General. (A) A defendant must serve an answer within 21 days after being served with the summons and complaint. (B) A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim. (C) A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.
Rule 12(a)(2) — official capacity:
The United States or the District of Columbia or an agency, officer, or employee of either sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney (in suits involving the United States) or the Attorney General for the District of Columbia (in suits involving the District of Columbia).
Rule 12(a)(3) — individual capacity:
A United States or District of Columbia officer or employee sued in an individual capacity for an act or omission occurring in connection with the duties performed on the United States' or the District of Columbia's behalf must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the officer or employee or service on the United States attorney (in suits involving the United States) or the Attorney General for the District of Columbia (in suits involving the District of Columbia), whichever is later.
| Defendant | Time | Runs from |
|---|---|---|
| An ordinary defendant | 21 days | service of the summons and complaint |
| The United States or the District, or an agency, officer or employee in an official capacity | 60 days | service on the US Attorney or the DC Attorney General |
| A US or DC officer or employee in an individual capacity, for acts done on the government's behalf | 60 days | service on the officer or on the US Attorney / Attorney General, whichever is later |
Two points of detail. In the official-capacity case the clock runs from service on the government's lawyer, not on the agency. In the individual-capacity case it runs from whichever is later — so serving the officer early does not start the 60 days if the Attorney General has not yet been served.
The individual-capacity provision covers acts "occurring in connection with the duties performed on" the government's behalf, so it reaches a personal-capacity suit arising out of official conduct.
The six defenses
Rule 12(b) carries the familiar enumerated defenses, and the list stops at six. Improper venue is not there — a wrong-court problem in the District is not a Rule 12 ground, which reflects the District being a single jurisdiction rather than a state with counties.
Everything else follows the federal pattern: the motion must be made before pleading if a responsive pleading is allowed, joining defenses waives nothing, and a motion asserting failure to state a claim converts to summary judgment if outside material is presented and not excluded.
Where this connects
The District's default rules are unusually protective — a default entered on the court's own initiative does not take effect for 14 days, and the clerk cannot enter judgment at all in a consumer debt collection action. See setting aside a DC default judgment.
For the answer itself and what it must contain, see responding to a DC complaint.
How the District compares
| District of Columbia | Maryland | Virginia | Federal | |
|---|---|---|---|---|
| Time to answer | 21 days | 30 days | 21 days | 21 days |
| Government defendants | 60 days | — | — | 60 days |
| Individual-capacity clock | the later of two services | — | — | the later of two services |
| Enumerated grounds | six | mandatory/permissive split | demurrer | seven |
| Venue inside the rule | no | yes, mandatory | no | yes |
A short checklist
- Check who the defendant is. A government party or official gets 60 days, not 21.
- For an individual-capacity claim, find both service dates. The later one starts the clock.
- Do not look for venue in Rule 12. It is not among the grounds.
- Move before you plead if a responsive pleading is allowed.
- Put every ground in one motion.
- Watch for conversion if you attach anything outside the pleadings.
Where these rules live
- D.C. Super. Ct. Civ. R. 8 — General Rules of Pleading
- D.C. Super. Ct. Civ. R. 12 — Defenses and Objections
- D.C. Super. Ct. Civ. R. 15 — Amended and Supplemental Pleadings
- D.C. Super. Ct. Civ. R. 56 — Summary Judgment
This page explains what the rules say. It isn't legal advice, and the standard for dismissal under Rule 12(b)(6) is developed in case law this site doesn't cover.