Legislation Enacted to Provide Alternative Method for Effecting Service of Process on Nonresidents in Cases Involving Motor Vehicle Accidents or Collisions

ByDouglas C. Melcher

On December 7, 2012, the District of Columbia enacted the Alternative Service of Process Amendment Act of 2012 (Act 19-563). The legislation, which is subject to a 30-day Congressional review period before becoming effective, provides an alternative method for effecting service of process on nonresidents who are involved in motor vehicle accidents or collisions in the District of Columbia. The legislation provides that the operation by a nonresident (or a nonresident’s agent) of a motor vehicle on the District’s roads constitutes consent to the appointment of the Mayor to accept service of process on behalf of the nonresident in any action or proceedings against the nonresident arising from any motor vehicle accident or collision in which the nonresident (or the nonresident’s agent) may be involved while on the District’s roads. The legislation describes the procedures for effecting service of process through the Mayor, and includes safeguards to reduce the risk of abuse of this alternative method for effecting service of process. The legislation states that it is intended, inter alia, “to reduce the amount of service of process related litigation in the Superior Court of the District of Columbia.” The legislation was introduced in April 2012 and considered at a public hearing in June 2012. [Update: On March 19, 2013, the 30-day Congressional review period ended and Act 19-563 became Law 19-242.]

Douglas C. Melcher

I am a licensed attorney with about twenty years of experience in the private practice of law. I focus my practice on advising and representing individuals, small businesses, and non-profits in civil litigation, including trial court proceedings, appeals, administrative hearings, mediation, and arbitration. I have written numerous articles for D.C. Law Blog and other publications, and am the author of Tort Claims and Defenses in the District of Columbia, which is a handbook for lawyers about civil claims for injury to persons, property, reputation, and commercial interests. Please feel free to contact me if you would like to inquire about assistance with a legal matter. I can be reached at dmelcher@melcherlaw.com or 202-427-5753. For further information about my background, click here.