Delaware Court of Chancery Service and Proof of Service Rules

CRITICALCivil cases

Service

Mail

The Register in Chancery must mail the summons as prescribed by the consent statute and within the time that statute requires.

Within the time required by the consent statute, the Register in Chancery must mail a copy of the summons as prescribed by the statute.

CRITICALCivil cases

A Party that in good faith believes a Privilege Determination incorrectly asserts privilege may promptly give every other Party written notice identifying the material’s Bates numbers and the basis for the objection.

If a Party reasonably believes, in good faith, that the Producing Person made a Privilege Determination that incorrectly asserts privilege, then that Party may promptly provide a written notice to every other Party (a “Redesignation Objection Notice”) that (i) identifies the Bates number(s) of such Clawback Discovery Material and (ii) identifies the basis for the objection.

CRITICALCivil cases

When a statute, rule, agreement, or Court order authorizes another means of serving process, service may follow that authority.

Whenever a statute, rule, agreement, or Court order provides for other means of serving process, service may be made according to the statute, rule, agreement, or order.

CRITICALCivil cases

Applies to

Answer

Unless the Court otherwise directs, the respondent named in the subpoena must serve an answer within 7 days after service of the petition.

Unless the Court otherwise directs, the respondent named in the subpoena must serve an answer within 7 days after service of the petition.

CRITICALCivil cases

Applies to

Answer

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

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

CRITICALCivil cases

Service

Publication

Service is accomplished when the Court order has been complied with.

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

CRITICALCivil cases

Applies to

Deposition filing notice

When a deposition is filed, the party taking it must promptly notify all other parties.

(c) Notice of Filing. When the deposition is filed the party taking it shall promptly give notice thereof to all other parties.

CRITICALCivil cases

Service

Mail

The Register in Chancery must promptly forward notices or process served on it to the trustee by registered or certified mail.

The Register in Chancery shall forward forthwith to the trustee, by registered or certified mail, any notice or process served upon the Register in Chancery.

CRITICALCivil cases

The motion must be served on the person allegedly without capacity unless the Court determines service would be useless or harmful.

(i) on the person allegedly without capacity, unless the Court determines that service would be useless or harmful;

CRITICALCivil cases

A defendant may serve a response within 45 days after service of the summons and complaint.

except that a defendant may serve a response within 45 days after service of the summons and complaint upon that defendant.

CRITICALCivil cases

Service

Mail

A paper may be served by mailing it to the person’s last-known address, and service is complete upon mailing.

mailing it to the person’s last-known address—in which event service is complete upon mailing;

CRITICALCivil cases

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

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

CRITICALCivil cases

A security provider submits to the Court’s jurisdiction and appoints the Register in Chancery as its agent to receive papers affecting its liability on the security.

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.

CRITICALCivil cases

A motion and any court-ordered notice may be served on the Register in Chancery, who must promptly send each to every security provider with a known address.

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 the Court orders otherwise, notice of Rule 178(a) petitions must be served on all interested parties.

Unless otherwise ordered by the Court, notice of all petitions filed pursuant to Rule 178(a) must be served on all interested parties

CRITICALCivil cases

Service

Mail

Whenever by statute or rule notice of the sale of real property is required to be given to creditors, the person making the sale, in addition to other required notice, shall send at least 10 days before the date of sale by registered or certified mail to each creditor who holds a lien against the lands a copy of the advertisement of sale. Said advertisement shall be mailed postpaid to the post-office address of such creditor.

Whenever by statute or rule notice of the sale of real property is required to be given to creditors, the person making the sale, in addition to other required notice, shall send at least 10 days before the date of sale by registered or certified mail to each creditor who holds a lien against the lands a copy of the advertisement of sale. Said advertisement shall be mailed postpaid to the post-office address of such creditor.

CRITICALCivil cases

Applies to

Motion to substitute

A motion to substitute must be served on parties under Rule 5 and on nonparties under Rule 4.

A motion to substitute must be served on the parties as provided in Rule 5 and on nonparties as provided in Rule 4.

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.

CRITICALCivil cases

Applies to

Petition

The guardian must notify interested parties as defined in Rule 175(b)(3) by certified mail with return receipt requested, FedEx, UPS, or a courier service providing real-time delivery tracking.

(3) Notice. (A) Interested Parties. The guardian must provide notice of the petition to interested parties as defined in Rule 175(b)(3). (B) Means of Notice. 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

Service

Personal service

A copy of the subpoena must be delivered to the person named in it.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person.

CRITICALCivil cases

(C) to the person’s registered agent, if the person has a registered agent in this State; or (D) to an attorney who represents the person in connection with the Confidential Information, if the identity of that attorney is known to the filer.

(C) to the person’s registered agent, if the person has a registered agent in this State; or (D) to an attorney who represents the person in connection with the Confidential Information, if the identity of that attorney is known to the filer.

CRITICALCivil cases

Applies to

Responsive pleading

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.

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;

CRITICALCivil cases

An injunction or restraining order binds only the listed persons who receive actual notice by personal service or otherwise.

The order binds only the following who receive actual notice of it by personal service or otherwise: (A) the parties; (B) the parties’ officers, agents, servants, employees, and attorneys; and (C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B).

CRITICALCivil cases

Service under Rule 5 must be made on a represented party's 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

Applies to

Redirect questions

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

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

CRITICALCivil cases

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

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

Before depositing money or a deliverable thing, a party must give notice to every other party and obtain leave of court.

If any part of the relief sought is a money judgment or the disposition of a sum of money or some other deliverable thing, then after notice to every other party and with leave of court, a party may deposit all or part of the money or thing with a bank or trust company, whether or not that party claims any of it.

WARNINGCivil cases

A person may serve process if they are at least 18 years old and are not a party.

Any person who is at least 18 years old and not a party may serve process.

WARNINGCivil cases

Applies to

Written questions

Instead of participating in the oral examination, a party may serve written questions in a sealed envelope on the party taking the deposition, who must transmit them to the officer for the witness to answer.

In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition and the party taking the deposition shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim.

WARNINGCivil cases

Applies to

Answer

A respondent may, but is not required to, serve an answer within 5 days after service of the petition or application.

A respondent may, but need not, serve an answer within 5 days after service of the petition or application.

WARNINGCivil cases

The objection must be promptly served on the party who gave the notice.

objection is promptly served upon the party giving the notice.

WARNINGCivil cases

Service

Electronic service

Upon satisfactory proof, the Court may deem a paper served as of the first unsuccessful electronic service attempt for specified technical reasons.

(e) Unsuccessful Electronic Service or Filing. The Court may deem, upon satisfactory proof, that a paper was served or filed on the date of the first attempt at electronic service or filing if the first attempt was unsuccessful due to: (1) an error in the transmission of the paper to the electronic filing system that the filer did not know about or could not resolve; (2) a failure by the electronic filing system to process the paper; (3) rejection by the Register in Chancery; or (4) other technical problems.

WARNINGCivil cases

The Court may allow the amending of any process or proof of service unless it would clearly cause material prejudice to the substantial rights of a defendant.

The Court may allow the amending of any process or proof of service unless it would clearly cause material prejudice to the substantial rights of a defendant.

WARNINGCivil cases

A party may apply for an order compelling discovery upon reasonable notice to the other parties and all persons affected.

A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows:

WARNINGCivil cases

Unless the Court shortens the time, a defendant need not serve answers or objections before 45 days after service of the summons and complaint.

but, unless the Court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the summons and complaint upon the defendant.

WARNINGCivil cases

A production request may be served without leave of court on the plaintiff after the action begins and on another party with or after service of the summons and complaint.

The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

WARNINGCivil cases

Service

Personal service

Service may be made by handing the document to the person.

(B) handing it to the person;

WARNINGCivil cases

If a discovery request or response is not served electronically, the serving party must retain the original and act as its custodian.

Otherwise, the party serving the request or response must retain the original and becomes its custodian.

WARNINGCivil casesCourt notice

The Court may waive Rule 178A’s notice requirements for good cause shown.

Revised Rule 178A also permits the Court to waive the notice requirements under the rule for good cause shown, and clarifies that petitions under the rule will be heard in the first instance by the Chancellor or a Vice Chancellor.

WARNINGCivil cases

If a Delaware attorney has appeared, a Delaware attorney must serve as custodian of the discovery request or response.

If a Delaware attorney has appeared, then a Delaware attorney must be the custodian.

WARNINGCivil cases

An injunction or restraining order binds only the listed persons who receive actual notice by personal service or otherwise.

The order binds only the following who receive actual notice of it by personal service or otherwise: (A) the parties; (B) the parties’ officers, agents, servants, employees, and attorneys; and (C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B).

WARNINGCivil cases

The Court may order dismissal without notice if it is without prejudice to the class or with prejudice only to the plaintiff.

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.

WARNINGCivil cases

Service

Mail

Notice need not be mailed to a person who waives notice and consents in writing to the Court’s approval of the accounting.

The notice required by section (a) of this rule need not be mailed to any person entitled to receive notice who has waived notice and consented in writing to the approval of the accounting by the Court.

WARNINGCivil cases

The applicant must promptly advise all other interested parties of every date and time obtained.

The party making the application shall promptly advise all other interested parties of all dates and times obtained.

WARNINGCivil cases

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. All Testimony is Confidential Discovery Material until five days after counsel receives a copy of the rough or final transcript (whichever is received first).

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. All Testimony is Confidential Discovery Material until five days after counsel receives a copy of the rough or final transcript (whichever is received first).

WARNINGCivil cases

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

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

WARNINGCivil cases

Applies to

Notice

Service

Court service to all parties

After the matter concludes and the appeal period expires, the Register must serve notice directing the parties to take custody of hearing or trial exhibits.

After a matter has concluded and the appeal period has expired, the Register must serve a notice directing the parties to take custody of all hearing or trial exhibits.

WARNINGCivil cases

Applies to

Exhibit custody notice

After the matter concludes and the appeal period expires, the Register must notify parties to take custody of exhibits, which may be disposed of if not removed within 15 days unless the Court orders otherwise or the parties consent to earlier disposal.

After a matter has concluded and the appeal period has expired, the Register must serve a notice directing the parties to take custody of all hearing or trial exhibits. Unless the Court orders otherwise, the Register may dispose of any exhibit not removed within 15 days or with the prior consent of the parties.

WARNINGCivil cases

Applies to

Notice of default judgment application

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.

WARNINGCivil cases

Service

Mail

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

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.