2014 District of Columbia Code
Division II. Judiciary and Judicial Procedure
Title 12. Right to Remedy
Chapter 3. Limitation of Actions
§ 12–309. Actions against District of Columbia for unliquidated damages; time for notice.

An action may not be maintained against the District of Columbia for unliquidated damages to person or property unless, within six months after the injury or damage was sustained, the claimant, his agent, or attorney has given notice in writing to the Mayor of the District of Columbia of the approximate time, place, cause, and circumstances of the injury or damage. A report in writing by the Metropolitan Police Department, in regular course of duty, is a sufficient notice under this section.

History

(Dec. 23, 1963, 77 Stat. 511, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 551, Pub. L. 91-358, title I, § 141(2); Apr. 30, 1988, D.C. Law 7-104, § 2(b), 35 DCR 147.)

Cross References

Claims against District, see §§ 2‑401 to 2‑406.

Governmental immunity for employee's operation of vehicles, actions brought in conformance with this section, see § 2‑413.

Liability of District employees, see §§ 2‑411 to 2‑416.

Merit system grievance proceedings, limitation of actions, see § 1‑615.54.

Unjust imprisonment, application of this section, see § 2‑424.

Section References

This section is referenced in § 1‑615.54, § 2‑413, and § 2‑424.

Prior Codifications

1981 Ed., § 12-309.

1973 Ed., § 12-309.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3 of District of Columbia Employee Non-Liability and Notice of Claim Clarification Emergency Amendment Act of 2002 (D.C. Act 14-499, October 23, 2002, 49 DCR 10022).

Legislative History of Law 7-104

Law 7-104, the "Technical Amendments Act of 1987," was introduced in Council and assigned Bill No. 7-346, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 24, 1987, and December 8, 1987, respectively. Signed by the Mayor on December 22, 1987, it was assigned Act No. 7-124 and transmitted to both Houses of Congress for its review.

Delegation of Authority

Delegation of Duty to Receive Notice Under D.C. Code § 12‑309, see Mayor's Order 2000-167, November 2, 2000 (47 DCR 9533).

Mayor's orders

Delegation of Duty to Receive Notice under D.C. Official Code § 12‑309, see Mayor's Order 2004-10, January 20, 2004 (51 DCR 1455).

Handling of Legal Correspondence, see Mayor's Order 2004-77, May 14, 2004 (51 DCR 5280).