Code of the District of Columbia

§ 12–309. Actions against District of Columbia for unliquidated damages; time for notice.

(a) Except as provided in subsection (b) of this section, 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.

(b) This section shall not apply to claims brought under § 2-1403.16 or § 1-615.54.


(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; May 2, 2015, D.C. Law 20-266, § 4, 62 DCR 1540.)

Prior Codifications

1981 Ed., § 12-309.

1973 Ed., § 12-309.

Section References

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

Effect of Amendments

The 2015 amendment by D.C. Law 20-266 redesignated the existing text as (a); and added (b).

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.

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).

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).

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).