Delaware Service of Process Rules
Delaware
State Serve Rules
Additional Rules
Additional rules - TM
No person shall be specially appointed by the court unless: Sheriff has made first attempt and files return of nonservice; or service must be accomplished after 10pm on a week day (except holiday); or service must be accomplished on a holiday or weekend; or some other exigent reason is shown why the Sheriff cannot or will not accomplish service
Affidavit
Notary
Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
y
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Facility-specific policy
Service to a minor
y
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Required, must obtain a court order before serving
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
At usual residence w/ adult person
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
n/a
Mail always?
No
Mail if posted
Certified, or first class with mailing certificate to rental unit and other known address of defendant
Mail if subserve
No
Posting Rules
Due Diligence Prior to Posting
Required, 1 day later
Posting
Permissible
Eviction Posting Rules
Additional Rules
Additional rules - Servers
Must have photo of posted doc per rule
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Certified, or first class with mailing certificate to rental unit and other known address of defendant
Mail always?
Yes
Proof Specialists
Server/Marshal Required?
Sheriff/Server
**By Whom Served.** Service of process shall be made by the sheriff …or by some person specially appointed by the Court for that purpose, except that a subpoena may be served by any person who is not a party and who is at least 18 years of age. The process, complaint and affidavits, if any, shall be served together…
**Personal Service, Individuals.** By delivering a copy of the summons, complaint and affidavit, to that individual personally.
**Substituted.** By leaving copies … at that individual’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering copies to an agent authorized by appointment or by law to receive service of process.
**Corporations.** Upon a domestic or foreign corporation or upon a partnership or unincorporated association which is subject to suit under a common name by delivering copies of the summons, complaint and affidavit, if any, to an officer, a managing or general agent or to any other agent authorized by law to receive service of process and if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.
**Special Rules.** Special rules are prescribed for the following circumstances and the Server should consult with their Territory Manager for more details: (a) upon an infant of 18 years of age or more, (b) Upon an infant under 18 years, (c) Upon an incompetent person and (d) Upon a municipal corporation…
**Return of Process.** Original process, whether an original, alias or pluries writ shall be returnable 20 days after the issuance of the writ… The person serving the process shall make return .. to the Court promptly after service and in any event on the return day thereof. Process which cannot be served before the return day thereof shall be returned on the return day and such return shall set forth the reasons why service could not be had. If service is made by a person other than by an officer or his deputy his return shall be verified. Failure to make a return or proof of service shall not affect the validity of service.
