Service of Process Flashcards
Who Serves with Process
The Sheriff or other person designated by court order
Showing required for appointment of server
No person shall be specially appointed by the Court to make service unless the moving papers affirmatively demonstrate that:
(1) the Sheriff has made one (failed attempt);
(2) service needs to be accomplished after 10:00 p.m. on any weekday or on a holiday or weekend; or
(3) some other exigent reason is shown why the Sheriff cannot or will not accomplish service.
Summons Issuance
The Prothonotary issues the PROCESS specified in the PRAECIPE.
Service Upon an individual
By delivering a copy of the summons, complaint and affidavit to that individual personally or by leaving copies at that individual’s dwelling with a person of suitable age residing there.
Service upon the US or its Officer
United States—upon U.S. Attorney or the Department attorney or their clerical employee designed in writing a copy to the Attorney General. On officer of the United States—same as on United States but the officer must also get a copy.
Service via Long Arm Statute
If any of the enumerated “minimum contacts” are present under the long arm statute, the plaintiff may serve process: (1) by personal delivery in the manner prescribed for service within Delaware; (2) in the manner prescribed by the law of the place in which service is made; (3) by any form of mail addressed to the person to be served and requiring a signed receipt; or (4) as directed by the court.
Service Upon Government Org
Upon the State of Delaware, any governmental organization, agency, board, or officer of the State, by serving the chief executive officer thereof and service must also be had on person of Attorney General, Chief Deputy Attorney General, or State Solicitor.
Service Upon an Infant under 18 or an incompetent person
by delivering copies to their guardian if there is one in Delaware. If there is no guardian, upon an adult person with whom the infant resides.
Service Upon an infant or incompetent person not within Delaware
in the same way as an adult not within the state.
Service Upon a Corporation, Partnership, or Association
by delivering copies to an officer, managing agent, general agent, registered agent, or other agent authorized by law to accept service. The vast majority of corporations will have appointed a registered agent for service. If this cannot be done with due diligence, the service on the Secretary of State is authorized. The secretary then mails notice to the corporation’s principal place of business, or service by publication is authorized.
Timing for Service of Process
120 Days – If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed.
