(a) Issuance of summons. Subject to subsections (d)(6) and (7) of this Rule, upon the commencement of an action, the Clerk shall forthwith issue the summons and shall deliver it together with a copy of the petition for service to the sheriff of the county or counties specified or to a person specially appointed by the Court to serve it. Upon direction of the petitioner, separate or additional process shall issue against any respondents.(b) Contents of summons. The summons shall bear the date of its issuance, be signed by the Clerk or one of the Clerk’s deputies, be under the seal of the Court, contain the name of the Court and the names of the parties, state the name of the official or other person to whom it is directed, the name and address of the petitioner’s attorney, if any, otherwise the petitioner’s address, and the time within which these Rules require the respondent to appear and respond, and shall notify the respondent that in case of the respondent’s failure to do so, judgment by default may be rendered for the relief demanded in the complaint.(c) By whom served. – Service of process shall be made by the sheriff to whom the writ is directed, by a sheriff’s deputy, by a deputy designated and sworn by the Chief Judge, or by some person specially appointed by the Court for that purpose, except that a subpoena may be served as provided in Rule 45.(d) Service of process; how made.– The summons and petition shall be served together. The Clerk shall furnish the person making service with such copies as are necessary. Service shall be made as follows:
(1) Upon an individual other than an infant or an incompetent person by delivering a copy of the summons and petition to the respondent personally or by leaving copies thereof at the respondent’s dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering copies thereof to an agent authorized by appointment or by law to receive service of process.(2) Upon an infant under the age of 18 years, if such infant has a parent, custodian or guardian in this State, by service upon such parent, custodian or guardian in the same manner as upon an individual, if the parent, custodian or guardian is an individual, or in the same manner as upon a corporation, if the parent, custodian or guardian is a corporation; and if there is no such parent, custodian or guardian, by service in the same manner as upon an individual, upon an adult person with whom such infant resides or has place of abode.(3) Upon an incompetent person, if such person has a trustee or guardian in this State, by service upon such trustee or guardian, in the same manner as upon an individual, if the trustee or guardian is an individual; or in the same manner as upon a corporation, if such trustee or guardian is a corporation; and if there is no such trustee or guardian, by service in the same manner as upon an individual, upon an adult person with whom such incompetent person resides or has place of abode.(4) As used herein, “trustee” or “guardian” refers to one appointed by the Court of competent jurisdiction in this State; provided, however, that a trustee or guardian duly appointed by a court of competent jurisdiction of another state may accept service and/or appear, upon filing proof of such appointment in the cause here pending(5) Upon a child or incompetent person, not a resident of the State, in the same manner as upon a competent adult person who is not an inhabitant of or found within the State.(6) Whenever a statute, Rule or Order provides for service of summons or of a notice or of an order in lieu of summons upon a party not an inhabitant of or found within the State, service shall be made under the circumstances in the manner prescribed by the statute, Rule or Order.(7) Whenever, by statute or other Rule or Order some other method or methods of service of process is required for a particular action, including service by publication, then the statute or other Rule or Order of this Court shall control and supersede the method(s) of service provided herein and, whenever by statute (10 Del. C. Section 1065, 13 Del. C. Section 807(b), 10 Del. C. Section 3104, or other) or other Rule or Order of this Court, some other method(s) of service of process may be permitted which is not in contravention of a specific statute or Rule or Order of this Court, then the Clerk is authorized and empowered to utilize such alternative method(s) of service.(e) Return of process. The summons provided in paragraph (a) hereof shall be returnable 20 days after the issuance thereof unless otherwise specially ordered. The person serving the process shall make return thereof 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 the officer or the officer’s deputy or a deputy appointed by the Chief Judge, that return shall be verified. Failure to make a return or proof of service shall not affect the validity of service.(f) Amendment of process.– At any time in its discretion and upon such terms as it deems just, the Court may allow any process or return of proof of service to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.(g) Notices.– After a party or attorney has been served with a summons and/or has entered an appearance, notice of the time, date and place of any proceeding may be (1) given in Court, or (2) sent by ordinary first-class mail to the last known address of the parties, or (3) served personally, or (4) communicated in any such other reasonable manner as the Court may direct.
Del. Fam. Ct. R. Civ. P. 4
Amended July 18, 2018, effective December 1, 2018.
