D.C. Super. Ct. L&T R. 10

(a) IN GENERAL. Except as provided in Rule 10(b) and (d), there is no discovery

without leave of court.

(b) LEDGERS AND OTHER DOCUMENTARY EVIDENCE OF RENT PAYMENT

HISTORY.

(1) Plaintiff’s Obligation to Bring to Court and Produce on Request.

(A) When Plaintiff Maintained a Rent Ledger. In any case involving an allegation of

nonpayment of rent, the plaintiff must bring to every court hearing, including the initial

hearing and any mediation session, copies of all rent ledgers within the plaintiff’s

possession, custody, or control that tend to show the defendant’s payment or

nonpayment of rent owed throughout all periods of time in which the defendant’s rental

payments are alleged to be delinquent, i.e., back to the most recent point in time at

which there was a zero balance. If during a remote hearing the defendant disputes the

amount of rent due or requests a ledger, the plaintiff must provide a ledger to the

defendant no later than 3 business days before the next hearing date. If mediation is

conducted remotely, the plaintiff must provide a ledger to the defendant no later than 3

business days prior to the mediation date.

(B) When Plaintiff Did not Maintain a Rent Ledger. A plaintiff who has not

maintained a rent ledger for the premises must bring to court or be prepared to send by

electronic mail other materials, such as bank statements and rent receipts—“other

materials”— that establish the defendant’s payment history for the time periods in

dispute. If during a remote hearing the defendant disputes the amount of rent due or

requests a ledger, the plaintiff must provide other materials to the defendant no later

than 3 business days before the next hearing date. If mediation is conducted remotely,

the plaintiff must provide other materials to the defendant no later than 3 business days

prior to the mediation date.

(C) Producing Ledgers and Other Materials. On request of the defendant or the

court, the plaintiff must promptly produce either paper or electronic copies of all ledgers

and other materials the plaintiff has brought to court or submitted to the defendant

pursuant to this rule.

(2) Sanctions for Plaintiff’s Failure to Produce. If the plaintiff fails on request to

produce any or all of the materials described in Rule 10(b)(1), then the court, on the oral

or written motion of a party, or on its own initiative, may enter an order requiring the

plaintiff to produce the materials and, until the materials have been produced, may grant

a continuance, decline to enter a protective order, or vacate, suspend, or modify an

existing protective order.

(3) Order for Production by Defendant. At the initial hearing or any subsequent

hearing, the court, on the oral or written motion of the plaintiff, or on its own initiative,

may enter an order requiring the defendant to produce copies of all materials within the

defendant’s possession, custody, or control, including rent receipts, cancelled checks,

and money order receipts, that tend to establish the defendant’s payment or

nonpayment of rent owed throughout all periods of time in which the defendant’s rental

payments are alleged to be delinquent.

(4) Sanctions for Noncompliance With Court Order Compelling Production. A failure

by a party to comply with an order compelling production pursuant to Rule 10(b)(1) or

(3) may subject that party to sanctions as set forth in Civil Rule 37(b). In no event,

however, may a default or a judgment for possession be entered as a sanction for a

defendant’s failure to produce materials as required by an order compelling production

entered pursuant to this rule. In the event the court enters a dismissal as a sanction for

the plaintiff’s noncompliance with a court order compelling production entered pursuant

to this rule, the dismissal will be without prejudice unless the court specifies that a

dismissal with prejudice is warranted.

(5) Limitations. Nothing in this rule should be construed to require a party to create a

rent ledger or any other document that does not already exist.

(c) CASES SCHEDULED FOR TRIAL IN THE LANDLORD AND TENANT BRANCH.

On the filing of a written motion requesting permission to engage in discovery,

accompanied by the discovery requests to be propounded, for good cause, and with

due regard for the summary nature of the proceedings, the court may authorize a party

to proceed with discovery under Civil Rules 26 through 37. In addition to the protective

orders provided in Civil Rule 26(c), the court may shorten the time within which a party

is required to perform any act or make any response in connection with discovery.

(d) CASES TRANSFERRED TO THE CIVIL ACTIONS BRANCH UNDER RULE 6.

When a case is transferred to the Civil Actions Branch pursuant to Rule 6, limited

discovery is permitted as a matter of right. The limited discovery consists of no more

than 10 requests for production of documents and 10 interrogatories, including

subparts, unless otherwise ordered by the court for good cause. All requests for

additional discovery must be by written motion and, unless consented to by the parties,

must be accompanied by the discovery requests to be propounded.