Delaware Court of Chancery Service and Proof of Service Rules

CRITICALCivil cases

Testimony may be designated on the record at disclosure or before testimony concludes, or by written notice to all parties within five days after receipt of the first rough or final transcript, identifying the transcript or portions designated.

For Testimony, by (i) stating on the record at the time of the disclosure or before the conclusion of the Testimony or (ii) written notice, sent to all Parties within five days of receipt of the rough or final transcript (whichever is received first) designating the entire transcript or portions thereof.

CRITICALCivil cases

Service

Mail

When a person or guardian entitled to notice resides outside Delaware, the executor or administrator must send written notice of the intention to file the complaint to the last-known address by registered or certified mail with return receipt requested.

If any person or guardian entitled by statute, rule or order to notice of an executor’s or administrator’s intention to file such a complaint resides out of Delaware, the executor or administrator shall give written notice of such intention to such person or guardian, at such person’s or guardian’s last-known address, by registered or certified mail with return receipt requested.

CRITICALCivil cases

Applies to

Petition

Unless the Court orders otherwise, Rule 178(a) petitions must be served on all interested parties and held for at least 13 days to allow responses.

Unless otherwise ordered by the Court, notice of all petitions filed pursuant to Rule 178(a) must be served on all interested parties, and the petition shall be held for a period of at least 13 days to allow interested parties to respond.

CRITICALCivil cases

Service

Mail to all parties

The Court must set a hearing time by order and direct the Register in Chancery to send written notice to all parties by registered mail.

The court shall enter an order fixing a time for hearing thereon and directing the Register in Chancery to give written notice by registered mail to all parties.

CRITICALCivil cases

Service

Personal service

A paper may be served by handing it to the person.

handing it to the person;

CRITICALCivil cases

The Court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or verified pleading clearly show that immediate and irreparable injury,

The Court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or verified pleading clearly show that immediate and irreparable injury,

CRITICALCivil cases

Notice must be provided to any person who could have a legitimate interest in designating information as confidential.

Rule 5.1(e)(1) requires notice to be provided to any person who could have a legitimate interest in designating information as confidential and sets forth the procedure for providing notice to such person.

CRITICALCivil cases

Service must follow Rules 4 and 5 unless a statute provides otherwise.

Service shall be made as stated in Rules 4 and 5 except as otherwise provided by statute.

CRITICALCivil cases

The party giving notice must file proof that the notice was timely served.

The party giving notice must file proof that notice was timely served.

CRITICALCivil cases

The petition must be served on all Parties using the methods of service in the Arbitration.

The petition must be served on all Parties pursuant to the methods of service in the Arbitration.

CRITICALCivil cases

Delaware counsel must appear, sign or receive service of papers, and attend proceedings unless excused; deposition attendance is required only if ordered.

Delaware counsel for any party shall appear in the action in which the motion for admission pro hac vice is filed and shall sign or receive service of all notices, orders, pleadings or other papers filed in the action, and shall attend all proceedings before the Court, Clerk of the Court, or other officers of the Court, unless excused by the Court. Attendance of Delaware Counsel at depositions shall not be required unless ordered by the Court.

CRITICALCivil cases

An attorney ad litem must give and receive notice for the Represented Person and, absent a contrary court direction, provide actual notice of a hearing at least 10 days beforehand.

An attorney ad litem must give and receive notice on behalf of the Represented Person. Unless the court directs otherwise, an attorney ad litem must provide the Represented Person with actual notice of any hearing at least 10 days in advance.

CRITICALCivil cases

A written response is due within 30 days after service of the request, except that a defendant may respond within 45 days after service of the summons and complaint; the Court may allow a different period.

The party upon whom the request is served shall serve a written response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant. The Court may allow a shorter or longer time.

CRITICALCivil cases

If the party against whom default judgment is sought has not appeared, written notice must be served if the Court directs.

If the party has not appeared, written notice must be served if the Court directs.

CRITICALCivil cases

A motion requesting public access must be served on any known party to the action.

A copy of such motion shall be served upon any known party to the action.

CRITICALCivil cases

Service

Publication

The Register in Chancery must cause the order to be published as the Court directs.

The Register in Chancery will cause the order to be published as directed by the Court.

CRITICALCivil cases

Notice of the petition must be sent to the identified interested parties and, for a person then receiving Medicaid, to the Attorney General as Medicaid counsel.

Notice of the petition shall be sent to interested parties identified in the petition to appoint a guardian and to the Office of the Attorney General as counsel for Medicaid in the case of any person with a disability who is approved for and receiving Medicaid benefits at the time of the petition.

CRITICALCivil cases

The receiver or any party in interest must serve an exception on the person whose claim is challenged within the stated 30-day period.

Exceptions to claims shall be filed in the office of the Register in Chancery and shall be served on the person to whose claim exception is taken, by the receiver, or by any party in interest, within 30 days from the expiration of the time for filing claims or of any extension of time allowed by the Court

CRITICALCivil cases

A paper may be served by another method to which the person consented in writing, and service is complete when it is delivered to the designated delivery agency.

delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery.

CRITICALCivil cases

The party giving notice must file proof that notice was timely served.

specifically requires the noticing party to file proof that notice was timely served.

CRITICALCivil cases

Exceptions will be heard after notice to the receiver, creditor, and exceptant as the Court orders.

and will be heard by the Court upon such notice to the receiver, creditor and exceptant as may be ordered by the Court.

CRITICALCivil cases

Applies to

Hearing notice

Hearing notice must be sent by registered or certified mail with return receipt requested or by a real-time-tracked courier, at least 10 days before the hearing unless the Court orders otherwise, and proof of timely service must be filed.

Notice must be given by registered or certified mail, return receipt requested, or by a courier service that provides real-time tracking of delivery. Notice must be given at least 10 days before the hearing date, unless the Court orders otherwise. The party giving notice must file proof that notice was timely served.

CRITICALCivil cases

Service

Mail

Unless the Court orders otherwise, the receiver must mail known creditors notice within 15 days after the creditor list is filed.

Unless otherwise ordered by the Court, within 15 days after the filing of a list of the creditors of the company, the receiver appointed pursuant to Rule 149 shall give to every known creditor of the company notice by mail to file their claims against the company within a certain time to be fixed in said notice, which shall not be less than 60 days after the mailing of said notices;

CRITICALCivil cases

Service

Personal service

Anyone other than the sheriff who wishes to serve process in person for Court matters must register with the Register in Chancery.

All persons—except the sheriff—wishing to serve process in person for the Court’s matters must be registered with the Register in Chancery.

CRITICALCivil cases

Applies to

Motion to maintain confidential treatment

A motion to maintain confidential treatment must be served on the challenger.

The motion must be served on the challenger.

CRITICALCivil cases

If the defendant fails to appear and the plaintiff posts the required security, the sequestrator must serve a certified copy of the order on the person possessing, controlling, or having custody of the property.

(4) If the defendant fails to appear and the plaintiff posts the required security, then the sequestrator must: (A) serve a certified copy of the Court’s order on the person with possession, custody, or control of the property;

CRITICALCivil cases

A party obtaining a hearing must notify the other parties, certain Delaware attorneys, and interested parties of the hearing’s date, time, place, and purpose, except where the Court determines notice to an interested party would cause harm.

Any party obtaining a hearing must give notice of the date, time, place and purpose of the hearing to: (1) The other parties; (2) any Delaware attorney who has represented the Person with an Alleged Disability, Subject Person, or Principal within the past two years; and (3) all interested parties unless the Court determines that notice to a particular interested party would harm the person that is the subject of the proceeding.

CRITICALCivil cases

Service

Personal service

Anyone other than the sheriff who wishes to serve process in person for the Court’s matters must register with the Register in Chancery.

All persons—except the sheriff—wishing to serve process in person for the Court’s matters must be registered with the Register in Chancery.

CRITICALCivil cases

A guardian seeking payment must apply to the Court and give notice to all interested parties; payment is within the Court’s discretion.

Payment shall be authorized by the Court in its discretion upon application of the guardian, with notice to all interested parties.

CRITICALCivil cases

Notice of a proposed class-action dismissal or settlement must be given to all class members as directed by the Court, unless the Court orders dismissal without notice under the stated conditions.

(3) Notice. Notice of the proposed dismissal or settlement must be given to all class members in the manner directed by the Court. (A) Dismissal Without Notice. But the Court may order dismissal without notice if the dismissal is to be without prejudice to the class or with prejudice to the plaintiff only.

CRITICALCivil cases

Service

Personal service

A paper may be served by leaving it at the person’s office as specified or, if the person has no office or it is closed, at the person’s dwelling or usual abode with a suitable resident.

leaving it: (i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or (ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;

CRITICALCivil cases

If the person has no known address, a paper may be served by leaving it with the Register in Chancery.

leaving it with the Register in Chancery if the person has no known address;

CRITICALCivil cases

A person who serves a paper non-electronically must file an affidavit or attorney certification showing that and how service was made.

But if a person serves a paper other than electronically, then the person must file an affidavit or attorney certification showing that and how service has been made.

CRITICALCivil cases

Service

Personal service

A Delaware or foreign entity, with or without separate legal existence, must be served in the manner provided by statute.

(3) A Delaware or foreign entity—with or without separate legal existence—by serving process in the manner provided by statute; or

CRITICALCivil cases

A Receiving Person must immediately notify the Producing Person in writing of pertinent facts about an unauthorized disclosure or potential loss of confidentiality, including specified details if known.

If a Receiving Person provides Confidential Discovery Material or Highly Confidential Discovery Material to any person other than as permitted by this Stipulation, or if a Receiving Person learns about a potential loss of confidentiality, then the Receiving Person must immediately notify the Producing Person in writing of all pertinent facts, including, if known, the name, address, and employer of each person to whom the disclosure was made.

CRITICALCivil cases

The Register in Chancery sends the petition by next-day delivery to the agreement-designated notice recipient or, if none is specified, to each party’s principal place of business or residence.

The petition shall be sent by the Register in Chancery, via next-day delivery, to either a person specified in the applicable agreement between the parties to receive notice of the petition or, absent such specification, to each party’s principal place of business or residence.

CRITICALCivil cases

Other service of the petition, including service on the respondent named in the subpoena, must follow Rule 4.

Other service of the petition, including service of the respondent names in the subpoena, must be made under Rule 4.

CRITICALCivil cases

Service

Electronic service

A paper may be served electronically under Rule 5.

serving it electronically;

CRITICALCivil cases

Service

Electronic service

A paper may be served under Rule 5 by electronic service.

A paper is served under this rule by: (A) serving it electronically;

CRITICALCivil cases

Petition notice must be sent by certified mail with return receipt, FedEx, UPS, or a courier service providing real-time delivery tracking.

Notice must be given by: certified mail, return receipt requested; FedEx; United Parcel Service; or any courier service that provides real-time tracking of delivery.

CRITICALCivil cases

The petition must be served on all other Parties using the methods of service in the Arbitration.

Service of the petition must be made on all other Parties pursuant to the methods of service in the Arbitration.

CRITICALCivil cases

Applies to

Pleading asserting new claim for relief

A party in default need not be served, except that a pleading asserting a new claim for relief against that party must be served under Rule 4.

No service is required on a party in default. But a pleading that asserts a new claim for relief against a party in default must be served on that party under Rule 4.

CRITICALCivil cases

For a person who has not appeared, the filer must attempt actual notice and may give notice under the governing confidentiality agreement’s notice provision or at the person’s principal place of business.

(3) Notice to a Person Who Has Not Appeared. If the person has not appeared, the filer must attempt to provide actual notice. A filer may provide notice: (A) in accordance with the notice provision in any agreement giving rise to a confidentiality obligation governing the Confidential Information; (B) to the person at the person’s principal place of business;

CRITICALCivil cases

Applies to

Petition

The party giving notice must file proof that the notice was timely served.

(D) Proof of Service and Notice. The party giving notice must file proof that notice was timely served.

CRITICALCivil cases

If the party against whom default judgment is sought has appeared personally or through a representative, that party or representative must be served written notice of the application at least 10 days before the hearing.

If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 10 days before the hearing.

CRITICALCivil cases

Any other paper in any other action must be served by 5:00 p.m. to count on that date.

any other paper in any other action must be served or filed by 5:00 p.m.

CRITICALCivil cases

Any Person who receives a document designated as Clawback Discovery Material that appears on its face to be Privileged Discovery Material must (i) provide reasonably prompt written notice to counsel for the Producing Person and (ii) refrain from examining, disclosing, or using the document pending confirmation by the Producing Person that the document is not Privileged Discovery Material.

Any Person who receives a document designated as Clawback Discovery Material that appears on its face to be Privileged Discovery Material must (i) provide reasonably prompt written notice to counsel for the Producing Person and (ii) refrain from examining, disclosing, or using the document pending confirmation by the Producing Person that the document is not Privileged Discovery Material.

CRITICALCivil casesCourt notice

The noticing party must file proof that notice was timely served.

specifically requires the noticing party to file proof that notice was timely served.

CRITICALCivil cases

Before an appearance is filed, service under Rule 5 after process was served by seizing property must be made on the person who had custody, possession, or control of the property when seized.

If service of process was accomplished by seizing property, any service under this rule before the filing of an appearance must be made on the person who had custody, possession, or control of the property when it was seized.

CRITICALCivil cases

Affidavits must be served at least 3 days before the hearing date fixed by the Court Administrator.

Affidavits must be served and filed not later than 3 days prior to the date fixed by the Court Administrator for hearing.