Rule 210 - Contested Proceedings Commenced by Complaint(a) TYPE OF PROCEEDING. (1)When Required. The following actions are commenced by filing a verified complaint: (A) an action to contest the validity of a will in accordance with D.C. Code § 20-305 (2012 Repl.); or(B) an action for payment of a claim that was denied in whole or in part in accordance with D.C. Code § 20-908 (2012 Repl.).(2)By Court Order. Unless a statute provides otherwise, on request of an interested person or on its own initiative, the court may order that a petition be treated as a complaint commencing a contested proceeding or that a complaint be filed.(b) APPLYING CIVIL RULES. (1)In General. Except as modified in Rule 210(b)(2)-(3) or as otherwise ordered by the court, the Superior Court Rules of Civil Procedure apply to a contested proceeding commenced by a complaint under Rule 210(a)(1) or (2).(2)Summons. Together with the complaint, the plaintiff must complete and file a summons for each defendant on the form maintained by the Register of Wills. On filing of the complaint and summons, the clerk must issue the summons and an initial order to be served with the complaint in accordance with the civil rules.(3)Initial Scheduling and Settlement Conference. The court must schedule an initial scheduling and settlement conference to be held within 120 days after the complaint is filed.(c) REQUIRED DEFENDANTS. (1)Complaint to Contest Validity of Will. In a complaint to contest the validity of a will, the defendants must include:(A) all interested persons, excluding creditors; and(B) all persons needed for just adjudication under Civil Rule 19.(2)Any Other Complaint. In any other complaint, the defendants must include: (A) the personal representative; and(B) any other persons needed for just adjudication under Civil Rule 19.(d) NOTICE TO CREDITORS. In a proceeding to contest the validity of a will, the plaintiff must give notice under D.C. Code § 20-103 (2012 Repl.) to creditors who are interested persons and must prove service of the notice by certificate of service.Adopted by Order dated March 4, 2022, effective 8/22/2022.COMMENT
A plenary proceeding provided for in D.C. Code § 16-3105 (2012 Repl.) is a process that existed largely for decedent's estate administration pursuant to now-repealed statutes, and it is no longer used in current practice. Relief formerly requested in a plenary proceeding may be requested in a petition, which, if appropriate, may be treated as a complaint commencing a contested proceeding.