Delaware Court of Chancery Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Motion to maintain confidential treatment

A motion to maintain confidential treatment must be served on the person challenging that treatment.

Rule 5.1(g)(4)(A) requires that any motion to maintain confidential treatment be served on the person challenging confidential treatment.

CRITICALCivil cases

Applies to

Notice of appeal or exceptions

An appeal or exception must be initiated by serving the specified notice in duplicate, following Rule 5(b).

An appeal from an order, decree or act of the Register of Wills or exceptions to an account of an executor or administrator shall be begun by serving a notice of appeal or a notice of exceptions, as the case may be, in duplicate, in the form hereinafter specified, in the manner provided in Rule 5(b).

CRITICALCivil cases

Applies to

Summons

A summons, or a copy when addressed to multiple defendants, must be issued for each defendant to be served.

A summons—or a copy of the summons if addressed to multiple defendants—must be issued for each defendant to be served.

CRITICALCivil cases

A party taking an oral deposition must give reasonable written notice to every other party.

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.

CRITICALCivil cases

Applies to

Responsive pleading

Unless the Court sets a different time, a responsive pleading must be served within 10 days after notice that the motion was denied or its disposition postponed until trial.

(A) if the Court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 10 days after notice of the Court’s action; or

CRITICALCivil cases

When service of process was accomplished by seizing property, service under Rule 5 before an appearance is filed 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

Service

Publication

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

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

CRITICALCivil cases

The motion must be served on all specified rights holders or, if none exist, on an adult living with or caring for the person allegedly without capacity.

(ii) on all persons or entities holding parental or custodial rights, guardianship or power of attorney to sue or defend lawsuits, or, if such persons or entities do not exist, then an adult living with or who otherwise has the care of the person allegedly without capacity; and

CRITICALCivil cases

Service

Publication

The receiver must also publish a like notice in the newspapers and for the period designated by the Court.

and cause a like notice to be published in such newspaper or newspapers and for such time as shall be designated by the Court;

CRITICALCivil cases

Except for cause, the Court must direct appropriate notice of the action to the association and all its members.

Except for cause, the Court must direct appropriate notice of the action to the association and all of its members.

CRITICALCivil cases

Applies to

Notice of default judgment application

If the party against whom default judgment is sought has appeared, that party or its 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

Applies to

Sanctions motion

A motion for sanctions must be served under Rule 5.

The motion must be served under Rule 5,

CRITICALCivil cases

If a hearing is held on a termination petition, notice must be given to the guardian and any interested party defined by Rule 175(b)(3).

If a hearing is to be held, notice thereof shall be given to the guardian and any interested party as that term is defined in Rule 175(b)(3).

CRITICALCivil cases

Service

Mail

The Register of Wills must mail beneficiaries written notice after adjusting and settling the accounting, using notice given in the personal representative’s name and supplied with unsealed stamped addressed envelopes when the accounting is filed.

Upon the filing of an accounting by a personal representative with the statement of the names and mailing addresses of each beneficiary entitled to share in the distribution of the estate as provided by 12 Del. C. § 2302, and after adjustment and settlement of such accounting by the Register of Wills, the Register of Wills shall mail to such persons written notice that the accounting has been filed and will be open for inspection and exception for 3 months from the date of mailing of the notice in accordance with Article IV, § 32 of the Constitution of 1897. The notice shall be given in the name of the personal representative and the form of notice shall be supplied with stamped addressed envelopes unsealed by the personal representative, in general conformity with a form adopted by the Court of Chancery, at the time of the filing of the accounting.

CRITICALCivil cases

Applies to

Motion for sanctions

A motion for sanctions must be served under Rule 5.

The motion must be served under Rule 5,

CRITICALCivil cases

A Receiving Person served with a Demand must give written notice to the Producing Person within three business days and at least 24 hours before the response deadline, including the material sought and a copy of the Demand, and must notify the party making the Demand that the Stipulation exists.

If any Receiving Person receives a subpoena or other compulsory process seeking the production or other disclosure of Confidential Discovery Material produced or designated by a Producing Person (collectively, a “Demand”), the Receiving Person must: a. 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 sought and enclosing a copy of the Demand; and b. Give written notice to the party making the Demand that this Stipulation exists.

CRITICALCivil cases

Applies to

Cross questions

A party may serve cross questions on all other parties within 14 days after the notice and written questions are served.

Within 14 days after the notice and written questions are served, a party may serve cross questions upon all other parties.

CRITICALCivil cases

Service

Mail

Unless the Court orders otherwise, the receiver must mail sale notice to creditors who filed claims and all stockholders at least 15 days before the sale.

Unless otherwise ordered by the Court, notice of all sales to be made by the receiver shall be sent by the receiver by mail at least 15 days prior to the day of sale to all creditors who have filed claims, and to all stockholders.

CRITICALCivil cases

Applies to

Order

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

Before trial, each party must be served with prior notice of a commanded production or premises inspection, using the method prescribed by Rule 5(b).

Prior notice of any commanded production of documents, electronically stored information, and tangible things or inspection of premises before trial shall be served on each party in the manner prescribed by Rule 5(b).

CRITICALCivil cases

Applies to

Motion to continue by or against representative

A motion to continue an action by or against an incompetent party’s representative must be served as provided in Rule 25(a)(3).

The motion must be served as provided in Rule 25(a)(3).

CRITICALCivil cases

Applies to

Deposition questions and notice

A party taking a deposition upon written questions must serve the questions and accompanying notice on every other party.

A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken.

CRITICALCivil cases

Applies to

Motion to dissolve or modify

On two days’ notice to the party who obtained the restraining order without notice—or on shorter notice set by the Court—the adverse party may appear and move to dissolve or modify the order.

On two days’ notice to the party who obtained the restraining order without notice—or on shorter notice set by the Court—the adverse party may appear and move to dissolve or modify the order.

CRITICALCivil cases

Service

Personal service

An individual with capacity may be served personally, through a suitable resident at the individual’s home, or through an agent authorized to receive process.

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

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

Applies to

Statement noting death

A statement noting death must be served in the same manner.

A statement noting death must be served in the same manner.

CRITICALCivil cases

Service

Publication

The person making the sale must publish notice to lien or encumbrance claimants at least two weeks before the sale-return day in one or more newspapers published in the county where the land is located.

The person making the sale also shall, at least 2 weeks before the day fixed for return of the sale, cause to be published at least once in 1 or more newspapers published in the county where the lands are situate, a notice to all persons having or claiming a lien or encumbrance against the share or interest of any of the parties entitled to participate in the proceeds of sale, to appear in Court at the return day of sale and make proof of said claim.

CRITICALCivil cases

Applies to

Responsive pleading

Unless the Court sets a different time, a responsive pleading must be served within 10 days after the more definite statement is served.

(B) 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

Proof of service of process must be filed promptly with the Register in Chancery; service other than sheriff service must be proven by affidavit, and failure to prove service does not invalidate it.

(i) Proof of Service. Proof of service of process must be filed promptly with the Register in Chancery. Except for service by the sheriff, service must be proven by affidavit. Failure to prove service does not affect the validity of service.

CRITICALCivil cases

Applies to

Deposition notice and questions

The party taking the deposition must deliver the notice and all served questions to the designated officer, who must prepare and certify the deposition and file or mail it with those materials attached.

A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by Rule 30(c), (e), and (f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer.

CRITICALCivil cases

Service

Mail to all parties

For mandatory mediation, the mediator must notify the parties of the scheduled date and time by certified and U.S. Mail at least 13 days beforehand.

In any action involving mandatory mediation, the mediator shall set the date and time of the mediation and shall notify the parties of the date and time by certified and U.S. Mail at least 13 days in advance of the scheduled mediation.

CRITICALCivil cases

Service

Mail

If the consents cannot be obtained, the petition must be sent to all interested parties by certified mail with notice that objections must be submitted within 13 days.

If consents cannot be obtained, the petition must be sent to all interested parties by certified mail, along with notice that any objection to the petition must be submitted within 13 days.

CRITICALCivil cases

A Delaware or foreign entity must be served in the manner provided by statute.

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

CRITICALCivil cases

Service

Publication

If the person’s location or identity is unknown, the motion must be served by publication as the Court directs.

(iii) by publication as the Court directs, if the location or identity of the person allegedly without capacity is unknown.

CRITICALCivil cases

Notice of a proposed dismissal or settlement must be given to all class members as directed by the Court.

Notice of the proposed dismissal or settlement must be given to all class members in the manner directed by the Court.

CRITICALCivil cases

Applies to

Notice of filing account

Service

Mail

The written notice of filing the account is required to be mailed by the Register of Wills.

The notice in writing of the filing of the account required to be mailed by the Register of Wills pursuant to 12 Del. C. § 2302(b) shall include the following statement:

CRITICALCivil cases

For a represented party, Rule 5 service must be made on the attorney unless a statute or the Court requires service on the party, and service on the attorney has the same effect as service on the party.

If a party is represented by an attorney, service under this rule must be made on the attorney unless a statute or the Court requires service on the party. Service on an attorney has the same effect as service made on the party represented by that attorney.

CRITICALCivil cases

Service

Mail

Process in a Covered Action may be served by certified mail with return receipt requested to the Party or its registered agent, or by any other method provided by law.

31. Process in any Covered Action may be served by certified mail, return receipt requested, addressed to the Party or the Party’s registered agent in its state of incorporation or organization, or in any other manner provided by law.

CRITICALCivil cases

Applies to

Cd rom brief

Serve two CD-ROM copies on each separately represented party and each pro se party, and include a certificate of service with each submission.

(iii) Two copies of the CD-ROM shall be served on each party separately represented and on each pro se party. A certificate of service shall accompany each submission.

CRITICALCivil cases

Applies to

Confidential filing

After making a Confidential Filing, the filer must use best efforts to notify people with a confidentiality designation or potential legitimate interest; notice goes to appearing persons’ attorneys or unrepresented persons, and actual notice must be attempted for persons who have not appeared.

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. 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. 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

A Receiving Person must give the party making the Demand written notice that the Stipulation exists.

Give written notice to the party making the Demand that this Stipulation exists.

CRITICALCivil cases

Notice may be provided by any appropriate means approved by the Court, including first-class mail, email, or publication.

(C) Means of Notice. Notice may be given by any appropriate means approved by the Court, including first-class U.S. mail, email, or publication.

CRITICALCivil cases

Papers in summary proceedings or Court-ordered expedited actions must be served by midnight to count on that date.

any paper in a summary proceeding or an action that the Court has ordered expedited must be served or filed by midnight;

CRITICALCivil cases

The adverse party may move to dissolve or modify a restraining order issued without notice on two days’ notice, or on shorter notice set by the Court.

On two days’ notice to the party who obtained the restraining order without notice—or on shorter notice set by the Court—the adverse party may appear and move to dissolve or modify the order.

CRITICALCivil cases

Unless the court directs otherwise, an attorney ad litem must give the Represented Person actual notice of a hearing at least 10 days beforehand.

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

Proof of subpoena service must be filed with the issuing county’s Register and include specified service details certified by the server.

Proof of service shall be made by filing with the Register of the county by which the subpoena is issued a statement of the date and manner of service and the names of the persons served, certified by the person who made the service.

CRITICALCivil cases

Applies to

Interrogatory answers and objections

Answers and any objections must be served within 30 days after interrogatories are served, or within 45 days after service of the summons and complaint on a defendant; the Court may allow a shorter or longer time.

(3) The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within 30 days after the service of the interrogatories, except that a defendant may serve answers or objections within 45 days after service of the summons and complaint upon that defendant. The Court may allow a shorter or longer time.

CRITICALCivil cases

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

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

CRITICALCivil cases

A preliminary injunction may be issued only after notice to the adverse party.

The Court may issue a preliminary injunction only on notice to the adverse party.

CRITICALCivil cases

For property not susceptible of physical seizure, the sequestrator may serve written directions requiring the holder to retain and mark the property and deliver a specified affidavit within 10 days after service.

(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: (i) providing a reasonable description of property being sequestered, including the estimated value of the property; (ii) describing the nature of the defendant’s title or interest in the property; (iii) identifying the name and address of the beneficial owner if the defendant only holds legal title or the legal owner if the defendant is the beneficial owner; and (iv) providing the reasons for omitting any information.