D.C. Code § 41-307

Current through codified legislation effective September 18, 2024
Section 41-307 - Libel of information
(a) If the owner of a seized property makes a claim contesting the seizure pursuant to § 41-305, the District shall return the property to the owner or file a libel of information seeking forfeiture of the property in Court.
(b)
(1) If the owner is not in possession of all of the seized property, the District shall file a libel of information not later than 60 days after the owner has made a claim pursuant to § 41-305.
(2) If the owner is in possession of all of the seized property, the District shall file a libel of information not later than 90 days after the owner has made a claim pursuant to § 41-305.
(3) The Court may grant an extension of the time limits set forth in paragraphs (1) and (2) of this subsection upon a showing of good cause particular to the circumstances of the case or upon agreement by the parties.
(c) The District shall include in the libel of information a declaration, and any supporting documentation, to establish that the libel of information has been filed in accordance with the requirements of subsection (b) of this section.
(d) A libel of information seeking forfeiture is barred if it is not filed in accordance with the timing requirements set forth in subsection (b) of this section.
(e) If the property the District seeks to forfeit is real property, the District shall file a notice of the proceeding with the Recorder of Deeds within 10 business days after the libel of information is filed. The notice shall include the legal description of the property and indicate that civil forfeiture is being sought. The Recorder of Deeds shall record the notice against the title of any real property for which civil forfeiture is being sought. Upon resolution of the forfeiture proceeding, the District shall file with the Recorder of Deeds the disposition of the civil forfeiture action within 10 business days after the disposition.

D.C. Code § 41-307

June 16, 2015, D.C. Law 20-278, § 107, 62 DCR 1920.