Delaware Court of Chancery Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Answer

A defendant must serve an answer within 20 days after service of the summons and complaint.

(A) a defendant must serve an answer within 20 days after being served with the summons and complaint;

CRITICALCivil cases

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

Applies to

Court order

If the defendant fails to appear and the plaintiff posts security, the sequestrator must serve the order on the property holder, seize the property, and report the seizure to the Court within 20 days or another time directed by the Court.

(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; (B) seize the property; and (C) report to the Court within 20 days after the seizure—or different time if the Court directs— regarding the property sequestered, including the date and time of the property’s seizure.

CRITICALCivil cases

Exceptions must be served on the receiver or, as applicable, the receiver’s attorney within the time set by the Court.

and shall be filed in the office of the Register and served on the receiver or the attorney for the receiver, as the case may be, within the time fixed by the Court in its order setting such account or petition for hearing.

CRITICALCivil cases

Service

Publication

The publication order must be published as directed by the Court at least once per week for three consecutive weeks.

(2) The plaintiff must obtain a Court order providing for: (A) the defendant to appear by a specific date; and (B) publication of the order in the manner directed by the Court, but not less than once per week for three consecutive weeks.

CRITICALCivil cases

Applies to

Responsive pleading

If the Court grants a motion for a more definite statement, the responsive pleading must be served within 10 days after the statement is served.

If the Court grants a motion for a more definite statement, the responsive pleading must be served within 10 days after the more definite statement is served.

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

Service

Publication

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

(3) The Register in Chancery will: (A) cause the order to be published as directed by the Court;

CRITICALCivil cases

Hearing notice must be sent by registered or certified mail with return receipt requested, or by a courier service providing real-time delivery tracking.

Notice must be given by registered or certified mail, return receipt requested, or by a courier service that provides real-time tracking of delivery.

CRITICALCivil cases

Copies of documents described in a request for admission must be served with it unless already furnished or made available for inspection and copying.

Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.

CRITICALCivil cases

Service

Mail

The Register in Chancery must mail notice of the filing and hearing to the classes or persons designated in the Court’s order.

and allowances, the Register in Chancery shall give notice by mail of the filing thereof and the hearing thereon to all classes or persons designated in the order of the Court setting such account or petition for hearing.

CRITICALCivil cases

The motion must be served on every party to the action.

(B) Service. The motion must be served on all parties to the action

CRITICALCivil cases

The Producing Person must inform every other Party of its Privilege Determination.

(ii) inform every other Party of the Producing Person’s Privilege Determination.

CRITICALCivil cases

The guardian must provide notice of the petition to the interested parties defined in Rule 175(b)(3).

The guardian must provide notice of the petition to interested parties as defined in Rule 175(b)(3).

CRITICALCivil cases

Unless the Court orders otherwise, the Magistrate must notify stockholders at least 20 days before the election using the means the Magistrate determines are most practicable.

(d) Notice. Unless the Court orders otherwise, the Magistrate must give notice to stockholders at least 20 days before the election using whatever means the Magistrate determines to be the best practicable.

CRITICALCivil cases

Service is accomplished when the Court order is complied with.

(7) Service is accomplished upon compliance with the Court order.

CRITICALCivil cases

Applies to

Order

Service

Court service to all parties

The Register must serve every order on each party who is not in default.

The Register must serve each party not in default with a copy of every order.

CRITICALCivil cases

Service

Publication

Service by publication is available when the defendant is out of the State or cannot be found and there is just ground to believe the defendant is intentionally avoiding service.

(A) a defendant is out of the State or cannot be found to be served with process; and (B) there is just ground to believe the defendant is intentionally avoiding service.

CRITICALCivil cases

The petition must be served on interested parties by certified mail with return receipt requested or by a courier service that provides real-time delivery tracking.

The petition shall be served by certified mail, return receipt requested, or by FedEx, United Parcel Service, or any other courier service that provides real-time tracking of delivery, upon interested parties as defined in Rule 175(b)(3).

CRITICALCivil cases

For a person who has appeared, the filer must give notice to that person’s attorney or, if unrepresented, to the person.

(2) Notice to a Person Who Has Appeared. If the person has appeared, the filer must provide the notice to the person’s attorney or to the person, if unrepresented.

CRITICALCivil cases

Applies to

Deposition objection

Rule 31 written-question form objections must be served in writing within the time for succeeding questions and within 5 days after service of the last authorized questions.

(C) Objections to the form of written questions submitted under Rule 31 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within 5 days after service of the last questions authorized.

CRITICALCivil cases

Service

Mail

The Register in Chancery must mail the summons as the consent statute prescribes and docket the mailing date no later than three days after mailing is completed.

Within the time required by the consent statute, the Register in Chancery must mail a copy of the summons as prescribed by the statute. Not later than three days after the mailing is completed, the Register in Chancery will note on the docket when the mailing took place.

CRITICALCivil cases

Notice of a proposed dismissal or settlement must follow the Court’s directions, but the Court may allow dismissal without notice if it is without prejudice or with prejudice only to the derivative plaintiff.

Notice of the proposed dismissal or settlement must be given 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 or with prejudice to the derivative plaintiff only.

CRITICALCivil cases

Service is accomplished by complying with the Court's order.

Service is accomplished upon compliance with the Court order.

CRITICALCivil cases

Applies to

Hearing notice

Hearing notice must be given at least 10 days before the hearing unless the Court orders otherwise.

Notice must be given at least 10 days before the hearing date, unless the Court orders otherwise.

CRITICALCivil cases

The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the Court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party’s attorney

The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the Court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party’s attorney

CRITICALCivil cases

Applies to

Deposition filing notice

The party taking a deposition must promptly notify all other parties when it is filed.

(3) The party taking the deposition shall give prompt notice of its filing to all other parties.

CRITICALCivil cases

The Court must direct that notice of a creditor’s petition be given to the party entitled to the share and that party’s other lien creditors.

The Court shall direct that notice of such petition be given to the party entitled to the share and to all of the party’s other lien creditors.

CRITICALCivil cases

Applies to

Answer

A party must serve an answer to a counterclaim or crossclaim within 20 days after service of the pleading stating it.

A party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim.

CRITICALCivil cases

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

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

CRITICALCivil cases

Applies to

Recross questions

A party may serve recross questions on all other parties within 7 days after being served with redirect questions.

Within 7 days after being served with redirect questions, a party may serve recross questions upon all other parties.

CRITICALCivil cases

Service

Mail

Before an administrative estate-closing order, the Chief Deputy must mail notice to all heirs, beneficiaries, creditors, and other interested parties; if no objections are received, the estate may be closed without releasing the personal representative from liability or obligations.

Before entering an order to close an estate under this sub-section, the Chief Deputy shall cause notice of the proposed closing to be sent by mail to all heirs, beneficiaries, creditors and any other interested parties. If no objections are received in response to that notice, the estate may be closed, but the personal representative shall not be released from her obligations or from liability to the estate, its creditors, or its beneficiaries.

CRITICALCivil cases

Copies of creditor claims must be served on the receiver or the receiver’s attorney.

and copies thereof shall be served on the receiver or on the attorney for the receiver.

CRITICALCivil cases

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.

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

Publication

Service under 10 Del. C. § 365 is accomplished when the Court order is complied with.

Service is accomplished upon compliance with the Court order.

CRITICALCivil cases

Service

Personal service

An individual who is not a person without capacity may be served personally, at their dwelling or usual abode through a suitable resident, or through an authorized agent.

(1) An individual other than a person without capacity, by: (A) delivering process to the individual personally; (B) leaving process at the individual’s dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering process to an agent authorized by appointment or by law to receive service of process;

CRITICALCivil cases

Service

Mail

After an account containing the Rule 118 information is filed, the Register in Chancery must promptly mail written notice to the specified adults, except those who waived notice and consented to the account.

Upon the filing of an account with the information required in Rule 118, except with respect to persons who have filed a waiver of notice and consent to the account, the Register in Chancery shall forthwith mail to each adult who is next of kin to the person with a disability or who is a beneficiary then eligible or entitled to receive distributions of trust income or principal a notice in writing stating that the account has been filed and that the same will be open for inspection and exception for 30 days from the date of filing

CRITICALCivil cases

Applies to

Answer to counterclaim or crossclaim

A party must serve an answer to a counterclaim or crossclaim within 20 days after service of the pleading stating it.

(B) a party must serve an answer to a counterclaim or crossclaim within 20 days after being served with the pleading that states the counterclaim or crossclaim.

CRITICALCivil cases

Service

Mail to opposing party

If a last-known address has been provided, the Register in Chancery will send the order by registered or certified mail.

(3) The Register in Chancery will: (B) send the order by registered or certified mail if a last-known address has been provided.

CRITICALCivil cases

A Receiving Person must provide the Producing Person written notice of the material sought and a copy of the Demand within three business days of receiving the Demand and at least 24 hours before the response deadline.

Give written notice to the Producing Person within three (3) business days and at least twenty-four (24) hours before the deadline for a response to the Demand, identifying the Confidential Discovery Material or Highly Confidential Discovery Material sought and enclosing a copy of the Demand;

CRITICALCivil cases

A person without capacity must be served in the manner prescribed by law.

A person without capacity, by serving process in the manner prescribed by law;

CRITICALCivil cases

Service

Publication to opposing party

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

(3) The Register in Chancery will: (A) cause the order to be published as directed by the Court;

CRITICALCivil cases

Applies to

Summons and complaint

The summons and complaint must be served together.

Service of process means service of both the summons and the complaint. The summons and complaint must be served together.

CRITICALCivil cases

After making a Confidential Filing, the filer must use best efforts to notify persons who designated information as confidential or may have a legitimate interest in doing so.

(1) Obligation to Give Notice. After making a Confidential Filing, the filer must use best efforts to give notice to any person who has designated information in the Confidential Filing as Confidential Information or who the filer believes could have a legitimate interest in designating information in the filing as Confidential Information.

CRITICALCivil cases

Service

Personal service

A person without capacity must be served in the manner prescribed by law.

(2) A person without capacity, by serving process in the manner prescribed by law;

CRITICALCivil cases

Service

Mail

If a last-known address has been provided, the Register in Chancery will send the order by registered or certified mail.

(B) send the order by registered or certified mail if a last-known address has been provided.

CRITICALCivil cases

The recipient must deliver the directed affidavit within 10 days after service of the order.

(5) The sequestrator may seize property that is, or appears to be, not susceptible of physical seizure by serving on the person with possession, custody, or control of the property a writing directing the person to: (A) retain the property until the Court’s further order or notice from the sequestrator; (B) promptly notate that the property is sequestered by Court’s order; and (C) within 10 days after service of the order, deliver an affidavit:

CRITICALCivil cases

Applies to

Motion to intervene

A motion to intervene must be served on the parties in accordance with Rule 5.

A motion to intervene must be served on the parties as provided in Rule 5.

CRITICALCivil cases

When security is provided, the Register in Chancery acts as the provider’s service agent; a motion to enforce liability and any court-ordered notice may be served there, and the Register must promptly send copies to providers whose addresses are known.

Whenever these rules require or allow a party to give security, and security is given with one or more security providers, each provider submits to the Court’s jurisdiction and irrevocably appoints the Register in Chancery as its agent for receiving service of any papers that affect its liability on the security. The security provider’s liability may be enforced on motion without an independent action. The motion and any notice that the Court orders may be served on the Register in Chancery, who must promptly send a copy of each to every security provider whose address is known.

CRITICALCivil cases

Unless these rules or the Court provides otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint; (C) a discovery paper required to be served on a party; (D) a written motion, brief, or letter—except one that may be heard ex parte; and (E) a written notice, appearance, demand, or any similar paper.

Unless these rules or the Court provides otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint; (C) a discovery paper required to be served on a party; (D) a written motion, brief, or letter—except one that may be heard ex parte; and (E) a written notice, appearance, demand, or any similar paper.