Overview
Process Server in Delaware: How Service of Process Works
In Delaware, process in Superior Court is served by the sheriff unless the court appoints a special process server on a party's request, which is common practice. Papers can be delivered personally or left at the defendant's dwelling with a person of suitable age and discretion who lives there. Delaware's many registered corporations and LLCs are usually served through their registered agent.
Who serves process
Who Can Serve Legal Documents in Delaware
In Delaware, the sheriff serves process unless the court appoints a special process server for the case on a party's motion. Delaware doesn't license private process servers statewide.
Companies formed in Delaware must maintain a registered agent in the state, which is usually the simplest way to serve them.
Typical documents include summonses and complaints, Court of Chancery papers, landlord-tenant papers, subpoenas and corporate litigation papers.
Proof you receive: a sworn affidavit of service
The sheriff files a return; a special process server files an affidavit of service.
Special process server service
Service by court-appointed special process servers across Delaware.
Registered agent service
Service on Delaware corporations and LLCs through their registered agents.
Wilmington, Dover and statewide
Service in New Castle, Kent and Sussex counties.
The rules
Delaware Service of Process Rules
The Delaware rules that matter most for service:
| Rule | What it covers |
|---|---|
| Del. Super. Ct. Civ. R. 4(c) | Service by the sheriff or a special process server |
| Del. Super. Ct. Civ. R. 4(f) | Personal and abode service |
| Del. Super. Ct. Civ. R. 4(j) | Serve within 120 days of filing |
| Del. Super. Ct. Civ. R. 12(a) | 20 days to answer |
Treaties
Delaware and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. Delaware has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on Delaware's law and on what your court allows.
Delaware is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
