Delaware State Process Server

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In Delaware, process serving is the legal procedure for delivering court documents (such as a summons, complaint, or subpoena) to a defendant or witness. The rules for process serving in Delaware are outlined in the Delaware Rules of Civil Procedure and apply to civil cases. Below is a summary of the key aspects:

1. Who Can Serve Process?

In Delaware, process can generally be served by:
- A sheriff or constable of the county where service is made.
- A person who is over the age of 18 and not a party to the case.
A licensed process server may also be hired.

2. Methods of Service

Delaware allows several methods for serving process:

Personal Service (direct service): The process server delivers the court papers directly to the defendant.
Substitute Service: If personal service is not possible, the documents may be left with someone of suitable age (usually 14 or older) at the defendant's residence or place of business. This must be followed by mailing a copy of the documents to the defendant.
Service by Mail: In some cases, service by certified mail, return receipt requested, may be allowed. This method can be used if the defendant agrees or if the court permits it.
Service by Publication: If the defendant cannot be located, service by publication may be allowed, usually when the defendant has abandoned their last known address or is otherwise evading service. This involves publishing notice in a newspaper.

3. Timeframe for Service

Generally, the defendant must be served within 120 days of filing the complaint in Delaware, as specified in Rule 4 of the Delaware Rules of Civil Procedure.
If service is not made within this period, the court may dismiss the case unless there is good cause for the delay.

4. Proof of Service

Once service is made, the process server must file a Proof of Service (also known as an Affidavit of Service) with the court. This document details how, when, and where the service took place.
The proof of service must be filed promptly after service is completed.

5. Special Cases:

Corporations: Service of process on a corporation can be made by delivering the documents to a registered agent, an officer, or a director.
Government Entities: When serving the state, local government, or a government agency, specific procedures must be followed, typically involving service to designated individuals within the entity.

6. Subpoena Service

If a subpoena needs to be served (for example, for a deposition), the rules for service of process apply in a similar manner. A subpoena can be served by hand delivery or by mail, depending on the specifics of the case.

7. Service in Other States

If the defendant is located outside Delaware, service may need to comply with the laws of the state where the defendant resides or through interstate methods, such as service through a process server in the other state or through the courts.

8. Alternative Methods of Service

Email or Social Media: In rare cases, Delaware courts may allow alternative service methods, such as service by email or social media, typically in situations where traditional methods fail. However, this requires court approval.

Key Delaware Statutes and Rules:

Delaware Rules of Civil Procedure (DRCP) Rule 4: Governs service of process.
Delaware Code Title 10, Chapter 31: Provides specific statutes related to service of process in civil matters.