Rule 79.2 – Filing by Email

May 15, 2021 | Delaware, Family Law

(a) When authorized by an Order or Administrative Directive of the Chief Judge, the Family Court may allow parties to file pleadings and other papers via email. When so authorized, Family Court will accept such pleadings and papers sent to only those mailboxes established for such purpose.
(b) For pleadings and papers filed in accordance with this Rule, the pleading or paper may include a handwritten signature or an electronic signature. When used in the context of this Rule, an electronic signature will be deemed to comply with the requirements of Rule 11. An electronic signature shall be in the format of “/s/Full Legal Name.”
(c) Pursuant to Section 3927 of Title 10, the use of an Unsworn Declaration is hereby authorized for any pleading or paper, except those listed below, filed through the mailboxes. Unsworn Declarations may be used in lieu of verifications, sworn declarations, affidavits, and notarized signatures that are otherwise required on pleadings or papers filed through the mailboxes. An Unsworn Declaration may not be used with a Parental Consent to any of the following: Termination of Parental Rights, Permanent Guardianship, or Guardianship, with a Consent Parentage Decree, or with any Consent filed in an Adoption proceeding. The Chief Judge may further limit the use of Unsworn Declarations by Order or Administrative Directive.
(d) The Court will continue to serve petitions filed via mailbox while all other pleadings and papers must be served by the parties in accordance with these Rules.

Del. Fam. Ct. R. Civ. P. 79.2

Adopted May 14, 2020, effective July 1, 2020.