(a) Service: When required. Except as otherwise provided in these Rules, every order required by its terms to be served, every pleading subsequent to the original petition unless the Court otherwise orders because of numerous respondents, every paper relating to discovery required to be served upon a party unless the Court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.(b)(1) Appearance of party: When; how made. — Except as otherwise provided by statute, a respondent may appear though not served with a summons. Appearance may be made by the service and filing of notice thereof, or by the service or filing of any motion or pleading purporting to be responsive to or affecting the petition, or by appearing personally at any Court mediation conference, hearing or trial in the action.
(2) Appearance of attorney: When; how made; withdrawal. –
(A) An attorney shall appear for the purpose of representing a party by filing a written notice of appearance a form of which will be provided by Family Court . The notice of appearance shall specify the matter(s) in which the attorney will represent the party. Once an attorney has filed a notice of appearance in a particular matter, copies of all notices given to the party with regard to that matter shall also be given to the party’s counsel. No appearance shall be withdrawn except upon application by the attorney and order of the Court for good cause.(B) Any appearance by an attorney in accordance with subparagraph (A) shall be limited to representation with respect to the specific petition filed and shall terminate when the time for appeal has elapsed from the final order entered by the Court.(c) Service of pleadings and paper: How made. — Whenever under these Rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the Court. Service upon the attorney or upon a party shall be made by delivering a copy to the party or by mailing it to the party at the party’s last known address or, if no address is known, by leaving it with the Clerk. “Delivery of a copy” within this Rule means handing it to the attorney or to the party; or leaving it at the attorney’s office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the dwelling or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.(d) Filing.– All papers after the petition required to be served upon a party shall be filed with the Court within a reasonable time after service thereof, except that filing of discovery and its product after service shall be governed by Rule 26(e). (e) Filing with the Court defined.– The filing of pleadings and other papers with the Court as required by these Rules shall be made by filing them with the Clerk, except that the Judge may permit the papers to be filed with the Judge, in which event the Judge shall note thereon the filing date and transmit them to the office of the Clerk. (f) Proof of service of papers.– Unless otherwise ordered, no pleading or other paper, required by these Rules to be served by the party filing the paper, shall be filed unless the original
(1) shall have endorsed thereon a receipt of service of a copy thereof by all parties required to be served, or (2) shall be accompanied by affidavit showing that service has been made and how made, or (3) shall be accompanied by a certificate of an attorney of record showing service has been made and how.
Del. Fam. Ct. R. Civ. P. 5
Amended November 10, 2016, effective January 9, 2017; amended July 18, 2018, effective December 1, 2018.
