Delaware Rules of Civil Procedure

Delaware's rules for serving a summons in Superior Court are in the Superior Court Civil Rules, mainly Rule 4. Service on nonresidents and on corporations and LLCs is also covered by the Delaware Code, including 10 Del. C. § 3104, 8 Del. C. § 321 and 6 Del. C. § 18-105.

Delaware doesn't license process servers, but in Superior Court the sheriff serves original process unless the court specially appoints someone else. Rule 4 was last amended effective September 1, 2025. The Court of Chancery, Court of Common Pleas and Justice of the Peace Court each have their own rules.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Delaware Courts rules page and the Delaware Code Online, or ask an attorney before relying on it.

Delaware process servers

• Become a process server in Delaware
• Hire a process server in Delaware

Quick facts: process serving in Delaware

• Who can serve: The sheriff, a deputy sheriff, or a person specially appointed by the court (Super. Ct. Civ. R. 4(d)). Subpoenas can be served by any non-party 18 or older (Rule 45(b)).
• Licensing: Delaware doesn't license private process servers. To serve a Superior Court summons, a private server needs a court order of special appointment, which is limited by Rule 4(d)(1).
• Deadline to serve: Within 120 days after the complaint is filed, or the case can be dismissed as to that defendant without prejudice unless there's good cause (Rule 4(j)).
• Substituted service: Leaving copies at the person's dwelling house or usual place of abode with someone of suitable age and discretion who lives there (Rule 4(f)(1)(I)).
• Proof of service: A return made promptly after service and no later than the return day. A return by anyone other than the sheriff or a deputy must be verified (Rule 4(g)).
• Time to respond: 20 days after service in most Superior Court cases (Rule 12(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Delaware. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

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Do you need a license to serve process in Delaware?

No. Delaware has no process server license or registration. But in Superior Court, private servers can't simply serve a summons. Under Rule 4(d), service is made by the sheriff the writ is directed to, a deputy, or a person specially appointed by the court.

The court can't specially appoint a private server unless the motion shows one of these:

• The sheriff has already made one return of non est inventus (the defendant wasn't found)
• Service needs to happen after 10:00 p.m. on a weekday that isn't a holiday
• Service needs to happen on a holiday or weekend
• Some other urgent reason the sheriff can't or won't serve in time

The sheriff must get notice of each motion and can explain why they shouldn't be replaced. These limits don't apply to service on the Secretary of State under 10 Del. C. §§ 3104, 3112 or 3114, where the court can make special appointments freely (Rule 4(d)(2)).

For a step-by-step guide, see Become a Process Server in Delaware.

Recent changes: Rule 4 amendments effective September 1, 2025

The Superior Court amended Civil Rules 3, 4, 71.2, 71.3 and 133 by order dated August 13, 2025, effective September 1, 2025. Under amended Rule 4(a), the party starting the case prepares the form of writ and files it with the complaint. The Prothonotary issues, signs and seals the process and adds it to the electronic docket. The plaintiff then delivers the service documents to the sheriff or to the person specially appointed by the court.

How to serve a summons in Delaware

The summons, complaint and any affidavit must be served together (Rule 4(e)).

Personal service: Rule 4(f)(1)(I)

Deliver copies of the summons, complaint and any affidavit to the individual personally.

Abode service: Rule 4(f)(1)(I)

Leave copies at the person's dwelling house or usual place of abode with a person of suitable age and discretion who lives there.

Service on an authorized agent: Rule 4(f)(1)(I)

Deliver copies to an agent authorized by appointment or by law to receive service for the person.

Minors and incompetent persons: Rule 4(f)(1)(II)

Different rules apply. In most cases, a minor or incompetent person with a Delaware guardian or trustee is served through that guardian or trustee.

Service outside Delaware: 10 Del. C. § 3104

When Delaware law allows service outside the state, it can be made by personal delivery in the same way as in Delaware, by the method allowed where service is made, by any form of mail requiring a signed receipt, or as the court directs. The server can be anyone allowed to serve under Delaware law or the law of the place of service, or someone a Delaware court designates (10 Del. C. § 3104(d), (f)).

Service required by statute or court order: Rule 4(f)(1)(VI)

When a statute, rule or court order provides for service on a party who isn't in Delaware, service is made under that statute, rule or order.

Serving businesses and other entities

• Corporations, partnerships and associations (Rule 4(f)(1)(III)): Deliver copies to an officer, a managing or general agent, or any other agent authorized by law. If the agent is a statutory agent and the statute requires it, also mail a copy to the defendant.
• Delaware corporations (8 Del. C. § 321): Serve an officer or director in Delaware or the registered agent, personally. Or leave copies at the Delaware home of an officer, director or individual registered agent, or at the registered office or another Delaware place of business. Left copies must be delivered in the presence of an adult at least 6 days before the return date. If the corporation can't be served with due diligence, the Secretary of State can be served instead (8 Del. C. § 321).
• Delaware LLCs (6 Del. C. § 18-105): Similar rules: serve a manager or the registered agent, with the Secretary of State as a fallback after due diligence (6 Del. C. § 18-105).
• Government (Rule 4(f)(1)(IV)): Serve a municipal corporation or other government body by delivering copies to its chief executive officer, or as the law provides.

Registered agents are listed in the Delaware Division of Corporations entity search.

Serving a subpoena in Delaware

A Superior Court subpoena can be served by the sheriff or by any person who isn't a party and is at least 18. It's served by delivering a copy to the person named. If proof is needed, the server files a certified statement with the Prothonotary of the county that issued the subpoena, showing the date and manner of service and who was served (Rule 45(b)).

Proof of service

Original process is returnable 20 days after it's issued. The person serving it makes the return to the court promptly after service, and no later than the return day. If service couldn't be made by then, the return must explain why. A return by anyone other than the sheriff or a deputy must be verified. A missing return doesn't by itself make service invalid (Rule 4(g)).

When serving a corporation or LLC by leaving copies, the server must state the manner of service in the return (8 Del. C. § 321; 6 Del. C. § 18-105).

Hire a Delaware process server

Find a process server in Delaware.

More Delaware resources

• Become a Process Server in Delaware
• Courts in Delaware
• Rules of the Delaware State Courts (Delaware Judiciary)
• Delaware Code Title 10, Chapter 31: Process

This page is a general overview of Delaware law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.