Delaware Court of Chancery Service and Proof of Service Rules

WARNINGCivil cases

Service

Electronic service

An electronically served discovery request or response constitutes the original.

If a request or response is served electronically, then the electronically served version constitutes the original for purposes of these rules.

WARNINGCivil cases

A person commanded to produce materials or permit premises inspection may serve a written objection within 14 days after subpoena service, or before the compliance time if it is sooner.

Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises.

WARNINGCivil cases

A party objecting to a confidentiality designation may move for an order vacating it on reasonable notice.

14. Any Party objecting to the designation of Discovery Material as Confidential Discovery Material may move on reasonable notice for an order vacating the designation.

WARNINGCivil cases

Applies to

Summons

The Register in Chancery furnishes the person making service with sufficient copies.

The Register in Chancery will furnish the person making service with sufficient copies.

WARNINGCivil cases

A defendant may be served by another or additional mode when directed by Court order.

(4) Any defendant, pursuant to a Court order directing another or additional mode of service.

WARNINGCivil cases

A party meeting the stated conditions may provide every other party a written Redesignation Notice identifying the Bates numbers and requesting redesignation as Produced Clawback Material.

6. If a Party (i) reasonably believes, in good faith, that Discovery Material designated as Clawback Discovery Material is relevant to the claims, defenses, subject matter of, or a dispute at issue in this Litigation and (ii) wishes to disclose that Clawback Discovery Material to a person identified in paragraphs 7 and 8(g) of the Confidentiality Stipulation (other than court reporters transcribing any deposition in this Litigation) for a use that is permitted by the Confidentiality Stipulation, then the Party may provide a written notice to every other Party (a “Redesignation Notice”) that (a) identifies the Bates number(s) of the Clawback Discovery Material, and (b) asks that it be re-designated as “Produced Clawback Material” (defined below)

WARNINGCivil cases

Service

Mail

Service may be made by mailing the document to the person’s last-known address and is complete upon mailing.

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

WARNINGCivil cases

Service

Electronic service

A certificate of service is not needed for papers served electronically, but discovery still requires a notice of service.

Rule 5(f) provides that a certificate of service is not needed for a paper served electronically (except for discovery, which still requires a notice of service).

WARNINGCivil cases

Service

Personal service

Service may be made by leaving the document at the person’s office or, in specified circumstances, at the person’s dwelling or usual place of abode.

(C) 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;

WARNINGCivil cases

The electronically served version is the original; otherwise, the serving party must retain custody of the original, except that an appearing Delaware attorney must be the custodian.

If a request or response is served electronically, then the electronically served version constitutes the original for purposes of these rules. Otherwise, the party serving the request or response must retain the original and becomes its custodian. If a Delaware attorney has appeared, then a Delaware attorney must be the custodian.

WARNINGCivil cases

For property that is or appears not susceptible to physical seizure, the sequestrator may use service of a written direction on the person possessing, controlling, or having custody of the property.

(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:

WARNINGCivil cases

A subpoena may be served by the sheriff, the sheriff’s deputy, or a nonparty who is at least 18 years old.

A subpoena may be served by the sheriff, by the sheriff’s deputy or by any other person who is not a party and is not less than 18 years of age.

WARNINGCivil cases

If a hearing is held, notice must be given to the guardian and any interested party as defined in 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).

WARNINGCivil cases

If circumstances permit, the party making the application shall give notice to all other interested parties before or at the same time as the application is made.

If circumstances permit, the party making the application shall give notice to all other interested parties before or at the same time as the application is made.

WARNINGCivil cases

Service may use another method consented to in writing and is complete when the server delivers the document to the designated delivery agency.

(F) 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.

WARNINGCivil cases

Service

Court service to clerk

If the person has no known address, service may be made by leaving the document with the Register in Chancery.

(E) leaving it with the Register in Chancery if the person has no known address; and

WARNINGCivil cases

Other discovery material must be designated confidential by written notice.

For any other Discovery Material, by written notice.

INFOCivil cases

Applies to

Interrogatory

A party may serve written interrogatories on another party without leave of court after the stated commencement or service-of-process milestones.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories 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.

INFOCivil cases

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

Revised Rule 178A states that the Court may waive the notice requirements for good cause

INFOCivil cases

Unless a statute provides otherwise, a defendant may appear before process has been served on that defendant.

Unless a statute provides otherwise, a defendant may appear even if process has not been served on that defendant.

INFOCivil cases

Process may be served by a person who is at least 18 years old and is not a party.

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

INFOCivil cases

Applies to

Answer

The Parties may serve an answer, but are not required to do so.

The Parties may, but need not, serve an answer.

INFOCivil cases

Service

Electronic service

Electronic service is a recognized method of service.

Rule 5(b)(2)(A) clarifies that electronic service is a recognized method of service.

INFOCivil cases

At the plaintiff’s request, the Court may order service by the sheriff or a person specially appointed for that purpose.

At the plaintiff’s request, the Court may order that service be made by the sheriff or by a person specially appointed by the Court for that purpose.

INFOCivil cases

At the plaintiff’s request, the Court may order service by the sheriff or a person it specially appoints.

At the plaintiff’s request, the Court may order that service be made by the sheriff or by a person specially appointed by the Court for that purpose.

INFOCivil cases

Applies to

Summons and complaint

A defending party may serve a summons and complaint on a nonparty who may be liable for all or part of the claim against it.

A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it.

INFOCivil cases

Service

Electronic service

A certificate of service is not required for electronic service.

No certificate of service is required when a paper is served on a person electronically.

INFOCivil cases

When a statute, rule, agreement, or Court order provides another method of serving process, service may follow that method.

(h) Other Means of Service. 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.

INFOCivil cases

Rule 5(b)(2)(F) adopts consented-to service.

Rule 5(b)(2)(F) adopts the concept of consented-to service from Federal Rule 5(b)(2)(F).

INFOCivil cases

Service

Electronic service

A certificate of service is not required for a paper served electronically.

No certificate of service is required when a paper is served on a person electronically.

INFOCivil cases

A defendant may be served by another or additional method when directed by Court order.

Any defendant, pursuant to a Court order directing another or additional mode of service.

INFOCivil cases

Service

Publication

The Court may order publication of the accounting notice when beneficiaries’ names and addresses are unknown or cannot be ascertained.

The Court may order publication of the notice of filing of such accounting in cases where the names and addresses of beneficiaries entitled to share in the distribution of the estate are not known or cannot be ascertained.