Superior Court of Delaware, New Castle County Service and Proof of Service Rules
40 rules from official source documents
27 of 40 checked against the court's document. Each rule says how far it was checked. A value with a question mark is not in the court's wording on its card.
E-service, mail, personal service, proof of service, certificate, and timing requirements. This page is scoped to Superior Court of Delaware, New Castle County; use the court rules overview to switch categories without leaving this court.
Checked and corrected to match the court's document on Oct 1, 2026CRITICAL
- Applies to
- Pleadings
After receiving a civil action number, the filing party must print service copies of all pleadings with the eFile seal and deliver them to the Prothonotary's Office with payment.
Once assigned a civil action number, the FILING party is then responsible for: i. printing service copies of all pleadings while ensuring those copies include the eFile seal; and ii. delivering those printed service copies to the Prothonotary’s Office, along with payment.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Applies to
- Discovery documents
- Service
- Electronic service
Initial discovery requests and their responses must be served electronically through LEXIS/NEXIS, but the actual production of documents is excluded.
except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Checked and corrected to match the court's document on Oct 1, 2026CRITICAL
Civil cases
- Applies to
- Jury instructions
- Service
A copy of the proposed jury instructions must be emailed to Lisa Iannelli in Microsoft Word format.
A copy of proposed instructions must be sent in Microsoft Word format via email to the Administrative Specialist, Lisa Iannelli.
Checked and corrected to match the court's document on Oct 1, 2026CRITICAL
Civil cases
Correspondence must be copied to opposing counsel or the opposing party.
All correspondence must be signed by an attorney in the law firm of the attorney of record and copy opposing counsel/party.
Checked and corrected to match the court's document on Oct 1, 2026CRITICAL
- Deadline
- 3 business days
- Applies to
- Demonstrative exhibit
Counsel must provide planned demonstrative evidence to the opposing party three business days before trial.
Counsel intending to use demonstrative evidence must provide the opposing party with same 3 business days before trial.
Checked and corrected to match the court's document on Oct 1, 2026CRITICAL
- Applies to
- Demonstrative exhibit
Demonstratives responding to first-time trial testimony must be provided to the opposing party as early as possible.
Demonstratives to be used during trial in response to testimony that was given for the first time at trial, must be provided to the opposing party at the earliest possible time.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Applies to
- Discovery request and response
- Service
- Electronic service
Specified discovery requests and responses, excluding the actual production of documents, must be served electronically through LEXIS/NEXIS.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Applies to
- Case management order
When a new party is added, the party adding that party must serve the new party with the Case Management Order at the same time it serves the pleading joining the party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Applies to
- Discovery request and response
- Service
- Electronic service
Documents initiating discovery requests and responses to those requests, but not the actual production of documents, must be served electronically through LEXIS/NEXIS.
documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
When a new party is added, the party adding it must serve the new party with the Case Management Order at the same time it serves the pleading joining the new party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Applies to
- Discovery documents
- Service
- Electronic service
Documents initiating specified discovery requests and responses to them must be served electronically through LEXIS/NEXIS, excluding the actual production of documents.
except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Service
- Electronic service
Discovery requests and responses, but not the actual production of documents, must be served electronically through LEXIS/NEXIS.
except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Deadline
- 3 business days
- Applies to
- Joinder brief
A separate joinder or supporting brief must be served within three business days after service of the underlying motion or opposition.
Subject to the requirements of this Order, any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition and does not exceed 750 words that comply with the typeface requirement of Superior Court Civil Rule 107(b), exclusive of appendices.
Checked and corrected to match the court's document on Oct 1, 2026CRITICAL
Civil cases
A party adding a new party must serve the new party with the Case Management Order when it serves the pleading joining that party.
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Service
- Electronic service
Documents initiating discovery requests and their responses, excluding actual document production, must be served electronically through LEXIS/NEXIS.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2007-6, E-File Administrative Procedures, dated December 13, 2007, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Checked and corrected to match the court's document on Oct 1, 2026CRITICAL
Civil cases
- Deadline
- 3 business days
- Applies to
- Notice of release
A party receiving a court notice concerning release of sealed documents containing another producing party's confidential discovery material must deliver the notice to that producing party's counsel by hand, email, or facsimile within three business days after receipt if the court did not send it directly.
When any Party receives a notice from the Court pursuant to Rule 5(g)(5) concerning the release of sealed documents that were filed with the Superior Court by such Party but contain Discovery Material designated as Confidential Discovery Material by another Producing Party, the Party receiving the notice shall deliver a copy of such notice (by hand, email, or facsimile transmission) to counsel for the Producing Party (or Producing Parties) within three (3) business days of the receipt of such notice, if such notice is not otherwise sent to such Producing Party by the Superior Court,
Checked against the court's document on Oct 1, 2026CRITICAL
Civil cases
- Service
- Electronic service
Filing and service generally must comply with Superior Court Civil Rule 79.1 and the referenced E-File Administrative Procedures, but discovery-request documents and responses, excluding the actual document production, must be served electronically through LEXIS/NEXIS.
The filing and service of documents shall be in accordance with Rule 79.1 of the Superior Court Civil Rules and the Administrative Directive of the President Judge of the Superior Court of the State of Delaware, No. 2003-8, E-File Administrative Procedures, dated August 12, 2003, published by the Prothonotary, except that documents initiating discovery requests (interrogatories, requests for production of documents, and requests for admission) and responses to such discovery requests (excluding the actual production of documents) shall be served electronically through LEXIS/NEXIS.
Checked and corrected to match the court's document on Oct 1, 2026CRITICAL
Civil cases
A party issuing a subpoena to a nonparty must enclose the stipulation and notify the nonparty that its protections are available.
Any Party issuing a subpoena to a non-Party shall enclose a copy of this Stipulation and notify the non-Party that the protections of this Stipulation are available to such non-Party.
Checked and corrected to match the court's document on Oct 1, 2026WARNING
- Applies to
- Papers
Unless authorized by law, all papers submitted to the court should be served on opposing counsel before or contemporaneously with submission.
Unless specifically authorized by law, a lawyer should not submit papers to the Court without serving copies of all papers upon opposing counsel in such a manner that opposing counsel will receive them before or contemporaneously with the submission to the Court.
Checked against the court's document on Oct 1, 2026WARNING
Civil cases
- Applies to
- Written discovery requests
In expedited litigation, the plaintiff should serve initial written discovery requests with the complaint or motion to expedite, or as soon as possible thereafter if infeasible, while the defendant should promptly propound any requests.
To facilitate prompt responses to written discovery requests and the production of documents (including ESI), the plaintiff should serve its initial written discovery requests with the complaint or a motion to expedite (or if not feasible, as soon as possible thereafter), and the defendant should propound any requests it may have promptly.
Checked against the court's document on Oct 1, 2026WARNING
Civil cases
- Applies to
- Default judgment
- Service
A Rule 55(b)(2) motion for default judgment should normally include notice mailed to the defaulting defendant.
A Motion for Default Judgment pursuant to Civil Rule 55(b)(2) should no rmally include n otice by mail to d efaulting d efendan t.
Checked and corrected to match the court's document on Oct 1, 2026WARNING
Civil cases
Communications to the judge, Chambers, or chambers staff should be copied to opposing counsel or the self-represented party.
Communications (letters, e-mails, etc.) to President Judge Davis, Chambers or President Judge Davis's staff should be copied to opposing counsel or the self-represented party.
Checked and corrected to match the court's document on Oct 1, 2026WARNING
Civil cases
Plaintiff’s counsel must forward the draft pretrial stipulation and order to defendant’s counsel at least 15 days before the pretrial conference.
At least 15 days before the pretrial conference, plaintiff’s counsel must forward to defendant’s counsel a draft of the pretrial stipulation and order with the information plaintiff proposes to include in the order.
Checked against the court's document on Oct 1, 2026WARNING
Civil cases
- Applies to
- Request for production
Requests for production must be served by the first specified deadline, and the requested documents must be produced by the second specified deadline.
Requests f or Production of documents shall be served on or before _____________, with all documents to be produced on or before _____________.
Checked and corrected to match the court's document on Oct 1, 2026WARNING
Civil cases
- Deadline
- 3 business days
A party receiving notice must deliver a copy to the producing party's counsel by hand, email, or facsimile within three business days after receipt, unless the Prothonotary already sent the notice to the producing party.
the Party receiving the notice shall deliver a copy of such notice (by hand, email, or facsimile transmission) to counsel for the Producing Party (or Producing Parties) within three (3) business days of the receipt of such notice, if such notice is not otherwise sent to such Producing Party by the Prothonotary
Checked against the court's document on Oct 1, 2026INFO
Civil cases
- Service
Process may be served by certified mail, return receipt requested, addressed to a party or its registered agent, or by any other method authorized by law.
Each of the Parties further consents and agrees that process in any suit, action, or proceeding may be served on such Party by certified mail, return receipt requested, addressed to such Party or such Party’s registered agent in the state of its incorporation or organization, or in any other manner provided by law.
Checked and corrected to match the court's document on Oct 1, 2026INFO
Civil cases
- Service
A party may be served process by certified mail, return receipt requested, addressed to the party or its registered agent in its state of incorporation or organization.
Each of the Parties further consents and agrees that process in any suit, action, or proceeding may be served on such Party by certified mail, return receipt requested, addressed to such Party or such Party’s registered agent in the state of its incorporation or organization, or in any other manner provided by law.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Case management order
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Summary: A party adding a new party must serve the new party with the Case Management Order simultaneously with the pleading joining that party.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Draft pretrial order ?
At least 15 days before that conference, plaintiff’s counsel shall forward to defendant’s counsel a draft of the pretrial order with the information plaintiff proposes to include in that order.
Summary: Plaintiff’s counsel must send defendant’s counsel a draft pretrial order and proposed information at least 15 days before the pretrial conference.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Draft pretrial order ?
Within 5 days from the date of receiving that draft, defendant’s counsel shall provide plaintiff’s counsel with comments on the plaintiff’s draft and the information the defendant proposes to include in the order.
Summary: Defendant’s counsel must provide comments and proposed information within 5 days after receiving plaintiff’s draft pretrial order.
Not confirmed. Read the court's wording below.CRITICAL?
- Applies to
- Court correspondence ?
All correspondence must also copy all Delaware counsel of record.
Summary: All correspondence with the Court must copy every Delaware attorney of record.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Summary: A party adding a new party must serve the new party with a copy of the Case Management Order when the party is joined.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Summary: A party adding a new party must serve the new party with the Case Management Order at the same time it serves the pleading joining that party.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Applies to
- Case management order
Upon the addition of any party to the Action, the party adding the new party to the Action shall serve a copy of this Case Management Order at the same time that it serves a copy of the pleading joining such new party.
Summary: When a new party is added, the party adding it must serve a copy of the Case Management Order simultaneously with the pleading joining the new party.
Not confirmed. Read the court's wording below.CRITICAL?
Civil cases
- Deadline
- 3 business days
- Applies to
- Joinder brief ?
Subject to the requirements of this Order, any defendant may file a separate joinder or brief adopting or supporting a motion or opposition of another defendant provided it is served within three (3) business days after service of the motion or opposition
Summary: A separate joinder or supporting brief must be served within three business days after service of the motion or opposition.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
- Service
- Mail ?
Mailing of a notice at least 60 days before the hearing date, with a shorter time only upon application and for good cause shown;
Summary: Notice should be mailed at least 60 days before the settlement hearing, although a shorter period may be permitted upon application and a showing of good cause.
Not confirmed. Read the court's wording below.WARNING?
- Service
- Court service to opposing party ?
The Prothonotary will notify the opposing party, instructing them when their Response is due.
Summary: For a motion filed by an incarcerated litigant, the Prothonotary must notify the opposing party and advise when its response is due.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
Motions seeking to join other parties and motions to amend or supplement the pleadings must be filed and served on or before _____________.
Summary: Motions to join parties or amend or supplement pleadings must be served by the specified deadline.
We could not find this wording in the court's document. Open the source before relying on it.WARNING?
Civil cases
The parties are permitted to serve third-party subpoenas until _____________.
Machine summary
The parties may serve third-party subpoenas only until the specified deadline.
Not confirmed. Read the court's wording below.WARNING?
Civil cases
The provisions of this Paragraph may be waived only with the prior written consent of the Producing Party.
Summary: The notice-delivery requirement may be waived only if the Producing Party gives prior written consent.
What rule applies to service for pleadings in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. After receiving a civil action number, the filing party must print service copies of all pleadings with the eFile seal and deliver them to the Prothonotary's Office with payment.
What rule applies to service for papers in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. Details: recipient: the opposing party. Unless authorized by law, all papers submitted to the court should be served on opposing counsel before or contemporaneously with submission.
What rule applies to service for written discovery requests in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. In expedited litigation, the plaintiff should serve initial written discovery requests with the complaint or motion to expedite, or as soon as possible thereafter if infeasible, while the defendant should promptly propound any requests.
What rule applies to service for default judgment in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. Details: method: service by mail. A Rule 55(b)(2) motion for default judgment should normally include notice mailed to the defaulting defendant.
What rule applies to service by mail in Superior Court of Delaware, New Castle County?
Superior Court of Delaware, New Castle County: The rule addresses service method, recipient, or timing requirements. Details: method: service by mail, timing: before hearing. Notice should be mailed at least 60 days before the settlement hearing, although a shorter period may be permitted upon application and a showing of good cause. Machine summary, not yet verified; check the linked order.
Judge Paul R. Wallace: The rule addresses service method, recipient, or timing requirements. Details: method: service by mail. Process may be served by certified mail, return receipt requested, addressed to a party or its registered agent, or by any other method authorized by law.
1 more rule answers this question in the list above.
What rule applies to court service for the opposing party in Superior Court of Delaware, New Castle County?
The rule addresses service method, recipient, or timing requirements. Details: method: court service, recipient: the opposing party. For a motion filed by an incarcerated litigant, the Prothonotary must notify the opposing party and advise when its response is due. Machine summary, not yet verified; check the linked order.
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When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
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Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.