Superior Court of Delaware, New Castle County Service and Proof of Service Rules
40 rules from official source documents
E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Superior Court of Delaware, New Castle County; use the court rules overview to switch categories without leaving this court.
- Applies to
- Pleadings
After receiving a civil action number, the filing party must print service copies of all pleadings with the eFile seal and deliver them to the Prothonotary's Office with payment.
Once assigned a civil action number, the FILING party is then responsible for: i. printing service copies of all pleadings while ensuring those copies include the eFile seal; and ii. delivering those printed service copies to the Prothonotary’s Office, along with payment.
- Applies to
- Case management order
A party adding a new party must serve the new party with the Case Management Order simultaneously with the pleading joining that party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
- Applies to
- Discovery documents
- Service
- Electronic service
Initial discovery requests and their responses must be served electronically through LEXIS/NEXIS, but the actual production of documents is excluded.
except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
- Applies to
- Draft pretrial order
Plaintiff’s counsel must send defendant’s counsel a draft pretrial order and proposed information at least 15 days before the pretrial conference.
At least 15 days before that conference, plaintiff’s counsel shall forward to defendant’s counsel a draft of the pretrial order with the information plaintiff proposes to include in that order.
- Applies to
- Draft pretrial order
Defendant’s counsel must provide comments and proposed information within 5 days after receiving plaintiff’s draft pretrial order.
Within 5 days from the date of receiving that draft, defendant’s counsel shall provide plaintiff’s counsel with comments on the plaintiff’s draft and the information the defendant proposes to include in the order.
- Applies to
- Jury instructions
- Service
A copy of the proposed jury instructions must be emailed to Lisa Iannelli in Microsoft Word format.
A copy of proposed instructions must be sent in Microsoft Word format via email to the Administrative Specialist, Lisa Iannelli.
Correspondence must be copied to opposing counsel or the opposing party.
All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.
- Applies to
- Court correspondence
All correspondence with the Court must copy every Delaware attorney of record.
All correspondence must also copy all Delaware counsel of record.
- Deadline
- 3 business days
- Applies to
- Demonstrative exhibit
Counsel must provide planned demonstrative evidence to the opposing party three business days before trial.
Counsel intending to use demonstrative evidence must provide the opposing party with same 3 business days before trial.
- Applies to
- Demonstrative exhibit
Demonstratives responding to first-time trial testimony must be provided to the opposing party as early as possible.
Demonstratives to be used during trial in response to testimony that was given for the first time at trial, must be provided to the opposing party at the earliest possible time.
A party adding a new party must serve the new party with a copy of the Case Management Order when the party is joined.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
- Applies to
- Discovery request and response
- Service
- Electronic service
Specified discovery requests and responses, excluding the actual production of documents, must be served electronically through LEXIS/NEXIS.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
- Applies to
- Case management order
When a new party is added, the party adding that party must serve the new party with the Case Management Order at the same time it serves the pleading joining the party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
- Applies to
- Discovery request and response
- Service
- Electronic service
Documents initiating discovery requests and responses to those requests, but not the actual production of documents, must be served electronically through LEXIS/NEXIS.
documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
When a new party is added, the party adding it must serve the new party with the Case Management Order at the same time it serves the pleading joining the new party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
- Applies to
- Discovery documents
- Service
- Electronic service
Documents initiating specified discovery requests and responses to them must be served electronically through LEXIS/NEXIS, excluding the actual production of documents.
except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
A party adding a new party must serve the new party with the Case Management Order at the same time it serves the pleading joining that party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
- Service
- Electronic service
Discovery requests and responses, but not the actual production of documents, must be served electronically through LEXIS/NEXIS.
except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
- Deadline
- 3 business days
- Applies to
- Joinder brief
A separate joinder or supporting brief must be served within three business days after service of the underlying motion or opposition.
Subject to the requirements of this Order, any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.
A party adding a new party must serve the new party with the Case Management Order when it serves the pleading joining that party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
- Service
- Electronic service
Documents initiating discovery requests and their responses, excluding actual document production, must be served electronically through LEXIS/NEXIS.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2007-6, E-File Administrative Procedures, dated December 13, 2007, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
- Deadline
- 3 business days
- Applies to
- Notice of release
A party receiving a court notice concerning release of sealed documents containing another producing party's confidential discovery material must deliver the notice to that producing party's counsel by hand, email, or facsimile within three business days after receipt if the court did not send it directly.
When any Party receives a notice from the Court pursuant to Rule 5(g)(5) concerning the release of sealed documents that were filed with the Superior Court by such Party but contain Discovery Material designated as Confidential Discovery Material by another Producing Party, the Party receiving the notice shall deliver a copy of such notice (by hand, email, or facsimile transmission) to counsel for the Producing Party (or Producing Parties) within three (3) business days of the receipt of such notice, if such notice is not otherwise sent to such Producing Party by the Superior Court,
- Applies to
- Case management order
When a new party is added, the party adding it must serve a copy of the Case Management Order simultaneously with the pleading joining the new party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
- Service
- Electronic service
Filing and service generally must comply with Superior Court Civil Rule 79.1 and the referenced E-File Administrative Procedures, but discovery-request documents and responses, excluding the actual document production, must be served electronically through LEXIS/NEXIS.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
- Deadline
- 3 business days
- Applies to
- Joinder brief
A separate joinder or supporting brief must be served within three business days after service of the motion or opposition.
Subject to the requirements of this Order, any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition
A party issuing a subpoena to a nonparty must enclose the stipulation and notify the nonparty that its protections are available.
Any Party issuing a subpoena to a non-Party shall enclose a copy of this Stipulation and notify the non-Party that the protections of this Stipulation are available to such non-Party.
- Applies to
- Papers
Unless authorized by law, all papers submitted to the court should be served on opposing counsel before or contemporaneously with submission.
Unless specifically authorized by law, a lawyer should not submit papers to the Court without serving copies of all papers upon opposing counsel in such a manner that opposing counsel will receive them before or contemporaneously with the submission to the Court.
- Applies to
- Written discovery requests
In expedited litigation, the plaintiff should serve initial written discovery requests with the complaint or motion to expedite, or as soon as possible thereafter if infeasible, while the defendant should promptly propound any requests.
To facilitate prompt responses to written discovery requests and the production of documents (including ESI), the plaintiff should serve its initial written discovery requests with the complaint or a motion to expedite (or if not feasible, as soon as possible thereafter), and the defendant should propound any requests it may have promptly.
- Service
Notice should be mailed at least 60 days before the settlement hearing, although a shorter period may be permitted upon application and a showing of good cause.
Mailing of a notice at least 60 days before the hearing date, with a shorter time only upon application and for good cause shown;
- Service
- Court service to opposing party
For a motion filed by an incarcerated litigant, the Prothonotary must notify the opposing party and advise when its response is due.
The Prothonotary will notify the opposing party, instructing them when their Response is due.
- Applies to
- Default judgment
- Service
A Rule 55(b)(2) motion for default judgment should normally include notice mailed to the defaulting defendant.
A Motion for Default Judgment pursuant to Civil Rule 55(b)(2) should no rmally include n otice by mail to d efaulting d efendan t.
Communications to the judge, Chambers, or chambers staff should be copied to opposing counsel or the self-represented party.
Communications (letters, e-mails, etc.) to President Judge Davis, Chambers or President Judge Davis's staff should be copied to opposing counsel or the self-represented party.
Plaintiff’s counsel must forward the draft pretrial stipulation and order to defendant’s counsel at least 15 days before the pretrial conference.
At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.
Motions to join parties or amend or supplement pleadings must be served by the specified deadline.
Motions seeking to join other parties and motions to amend or supplement the pleadings must be filed and served on or before _____________.
- Applies to
- Request for production
Requests for production must be served by the first specified deadline, and the requested documents must be produced by the second specified deadline.
Requests f or Production of documents shall be served on or before _____________, with all documents to be produced on or before _____________.
- Applies to
- Subpoena
The parties may serve third-party subpoenas only until the specified deadline.
The parties are permitted to serve third-party subpoenas until _____________.
- Deadline
- 3 business days
A party receiving notice must deliver a copy to the producing party's counsel by hand, email, or facsimile within three business days after receipt, unless the Prothonotary already sent the notice to the producing party.
the Party receiving the notice shall deliver a copy of such notice (by hand, email, or facsimile transmission) to counsel for the Producing Party (or Producing Parties) within three (3) business days of the receipt of such notice, if such notice is not otherwise sent to such Producing Party by the Prothonotary
The notice-delivery requirement may be waived only if the Producing Party gives prior written consent.
The provisions of this Paragraph may be waived only with the prior written consent of the Producing Party.
- Service
Process may be served by certified mail, return receipt requested, addressed to a party or its registered agent, or by any other method authorized by law.
Each of the Parties further consents and agrees that process in any suit, action, or proceeding may be served on such Party by certified mail, return receipt requested, addressed to such Party or such Party’s registered agent in the state of its incorporation or organization, or in any other manner provided by law.
- Service
A party may be served process by certified mail, return receipt requested, addressed to the party or its registered agent in its state of incorporation or organization.
Each of the Parties further consents and agrees that process in any suit, action, or proceeding may be served on such Party by certified mail, return receipt requested, addressed to such Party or such Party’s registered agent in the state of its incorporation or organization, or in any other manner provided by law.
What rule applies to serving the opposing party in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. Correspondence must be copied to opposing counsel or the opposing party.
What service or proof of service rules apply in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. Details: timing: at filing. A party adding a new party must serve the new party with a copy of the Case Management Order when the party is joined.
What rule applies to service for discovery request and response in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. Details: method: e-service. Specified discovery requests and responses, excluding the actual production of documents, must be served electronically through LEXIS/NEXIS.
What service or proof of service rules apply in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. When a new party is added, the party adding it must serve the new party with the Case Management Order at the same time it serves the pleading joining the new party.
What rule applies to service for discovery documents in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. Details: method: e-service. Documents initiating specified discovery requests and responses to them must be served electronically through LEXIS/NEXIS, excluding the actual production of documents.
What rule applies to service for pleadings in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. After receiving a civil action number, the filing party must print service copies of all pleadings with the eFile seal and deliver them to the Prothonotary's Office with payment.
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