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More companies are formed in Delaware than almost anywhere else, so a lot of the process served in the state is aimed at businesses, not people. Delaware also has one of the stricter rules in the country on who can serve a Superior Court summons.
Delaware doesn't license process servers. But in Superior Court, a summons is served by the sheriff, a deputy, or a person the court specially appoints (Super. Ct. Civ. R. 4(d)). A motion for special appointment has to show one of these:
These limits don't apply when the Secretary of State is being served under 10 Del. C. §§ 3104, 3112 or 3114 (Rule 4(d)(2)). Subpoenas can be served by any non-party adult (Rule 45(b)). Delaware's other courts, including Chancery, Common Pleas and Justice of the Peace Court, have their own rules.
Under 8 Del. C. § 321, a Delaware corporation can be served through an officer, a director or its registered agent. Copies can also be left at the registered office or another Delaware place of business, in the presence of an adult, at least 6 days before the return date. Delaware LLCs follow similar rules (6 Del. C. § 18-105). If the company can't be served with due diligence, the Secretary of State can be served instead.
Many Delaware registered agents operate out of Wilmington. Check the agent and address in the Delaware Division of Corporations entity search before sending a server out. When papers are left rather than handed to someone, the return must say how service was made.
Individuals can be served in hand, through an authorized agent, or at home with someone of suitable age and discretion who lives there (Rule 4(f)(1)(I)). The summons, complaint and any affidavit go together.
Serve within 120 days after the complaint is filed, or the case can be dismissed as to that defendant unless there's good cause (Rule 4(j)). A return by anyone other than the sheriff must be verified (Rule 4(g)).
Delaware has three counties: New Castle, Kent and Sussex. Find local servers on the county pages, read the Delaware process serving laws, or order service online.
This is a general summary, not legal advice.
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