FAQs

  • What is the Court's Privacy Policy?
    NOTICE REGARDING PERSONAL INFORMATION

    On March 1, 2005, the United States District Court for the District of Delaware adopted an electronic filing system which makes documents submitted for filing available on the internet. The Court, in its Administrative Procedures Governing Filing and Service by Electronic Means, has recognized that certain kinds of personal information should not be included on public filings except in limited fashion. For example: (1) the names of minor children should not be used, only their initials; (2) only the last four digits of a social security number should be used; (3) a full date of birth should not be used, only the year of birth need be given; (4) only the last four digits of any financial account should be included; and (5) in criminal cases, only the city and state of a personal address need be given. Caution should also be used when filing documents that contain the following: (1) personal identifying numbers, such as driver's license numbers; (2) medical records; (3) employment history; (4) individual financial information; (5) proprietary or trade secret information; (6) information regarding cooperation with the government; (7) victim information; and (8) national security information.

    It is not the responsibility of the Court to review each document and determine whether personal information has properly been protected. Every document submitted for filing will be docketed and made publicly accessible over the Court's electronic filing system. If, after docketing, you determine that a document contains personal information that you want to treat as confidential, you must file a "Motion to Seal" with the Court, giving your reasons for your privacy concerns. If the Motion to Seal is granted, the Court will remove the electronic link to the document in question from the public docket and mark the entry "sealed". The Court may also require you to file another version of the document that does not contain the private information or that contains only limited personal information.

    John A. Cerino, Clerk of Court

    Click here for a link to the Judiciary Privacy Policy

  • Where can I obtain a passport?

    Newark Post Office
    110 E. Main Street
    Newark, DE 19711
    (302) 368-4541

     

    Wilmington Post Office
    500 Delaware Ave. STE 1
    Wilmington, DE 19801
    (302) 656-0196

     

    Talleyville Post Office
    3911 Concord Pike
    Wilmington, DE 19803
    (302) 479-9495

  • How do I obtain copies of documents from an archived case file?

    To place a copy order for a closed case accessed to the Federal Records Center (FRC) in NE Philadelphia, or in other instances, permanent records further transferred to the National Archives and Records Administration (NARA) located in center city Philadelphia, please review the following:
       
    1. PLACING A COPY ORDER DIRECTLY WITH THE FEDERAL RECORDS CENTER, NE PHILADELPHIA:  

    When the case number you are searching for includes an “Accession Number”, you may place your copy order directly with the Federal Records Center, (FRC).  First, check the applicable list of CIVIL or CRIMINAL cases (please read the notes) in order to obtain the ACCESSION information, which is required when submitting your request to the storage facility.  If you don't find accession information for the case in question, try looking up the case in PACER, under QUERY, CASE FILE LOCATION. Contact the Clerk's Office Help Desk if you need further assistance determining the location or status of a case file. Once you have the accession, box and location numbers, complete the applicable NARA civil or criminal copy order form and follow their instructions. The NARA forms provide information and instructions on how to obtain copies of accessed paper records from the Federal Records Center.  

     

    NARA Records Center copy forms:

    CIVIL cases

    CRIMINAL cases:

     

    2.   PLACING A COPY ORDER DIRECTLY WITH THE NATIONAL ARCHIVES, CENTER CITY, PHILADELPHIA

     Check  the applicable CIVIL or CRIMINAL case listings.  When the case number you are searching for does not contain an accession number, and the word "ARCHIVE" appears, you may contact the Philadelphia NARA, at (215) 606-0100, and place your copy order directly with them. Copy orders for case documents located at the National Archives, Philadelphia, may only be obtained by placing your order directly with them. If necessary, contact our Clerk's Office Help Desk (302) 573-6170, for further assistance determining the location or status of a specific case file. Additional contact information for NARA and NARA, Philadelphia: 

     
     
     
     
    3. PLACING A COPY ORDER  VIA THE DISTRICT COURT HELP DESK
     

     For cases currently accessed to the Federal Records Center (FRC), you may also place your order with the Clerk's Office Help Desk, at (302) 573-6170. The current retrieval fee is $64.00 for the first box per case, and $39.00 for each additional box containing the same case. The fees must be paid in advance, check payable to CLERK, U.S. DISTRICT COURT. It takes approximately 7-14 days for a case to arrive by mail. We will contact you upon receipt of the case, then allow you to view the case documents and place a copy order if desired, at the rate of $.50 per page. When requested, a certified copy (court seal and signature of a deputy clerk) may be obtained for an additional fee of $11.00. 

     

  • How does an attorney become admitted to appear pro hac vice in the U.S. District Court - District of Delaware...

    How does an attorney become admitted to appear pro hac vice in the U.S. District Court - District of Delaware, and further register for electronic noticing?

    To be admitted pro hac vice, refer to Local Rule 83.5 (c). A form of the motion and proposed order filed by local counsel, which includes certification by the applicant, is appended to the local rules. The motion must include a statement regarding payment of the $25.00 annual fee. 

    Once an attorney is admitted pro hac vice, if electronic noticing is desired, he/she may register for CM/ECF electronic noticing by submitting the attached registration form to the Clerk's office. Since electronic noticing is optional for pro hac vice admission, the registration process applies on a case-by-case basis.

    Those who register for electronic noticing in CM/ECF should keep the Clerk's Office apprised of updates to their e-mail addresses. Also, please note that such registration is for noticing only and does not provide for document filing rights or user account access.

  • How does an attorney become admitted to practice in the U.S. District Court - District of Delaware?

    To be admitted into the U.S. District Court for the District of Delaware, you must be a member of the Delaware State Bar, and your sponsor must already be admitted to practice before the District Court. A General information sheet/Application for admission form may be obtained at the front counter of the Clerk’s Office or from this web site. The fee for attorney admission is $191.00. There is an $18.00 fee for a duplicate certificate of admission or certificate of good standing. For further information on attorney admissions, refer to Local Rule 83.5 or call the Attorney Admissions clerk at (302) 573-6170.

  • How Do I Arrange for Service of Process under the Long Arm Statute(s)?
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    Under 10 Delaware Code, Section 3114 , the following items are needed:

       

    Praecipe in letter format addressed to the Clerk of Court detailing the documents to be served by registered mail, and the names and addresses of the non-resident parties being served.  When not filed electronically, the Clerk's Office will scan the Praecipe and other Long Arm documents upon completion of the process.

    Copies (one for each non-resident party) of the complaint, summons with proof of service, and any other documents that were previously served on the registered agent.

    Check made payable to Clerk, U.S. District Court to cover the certification fee of $11.00 per document being served.

    Envelopes (Kraft, brown paper, no Tyvec or padding, must meet USPS requirements), pre-addressed to each non-resident, with accompanying registered mail receipts and green return receipt cards.  The return receipt cards should list the name and address of the Clerk of the U.S. District Court in the area designated for the ‘sender’.

    Contact the Intake Section of the Clerk’s Office at 302-573-6170 to arrange a mutually convenient time to coordinate the delivery of the process and postal fees to the U.S. Post Office.

     

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    Under Rule 4(f)(2)(C)(ii) of the Federal Rules of Civil Procedure, the following items are needed:

     

    Affidavit from counsel certifying under penalty of perjury that counsel has researched service of process in the country in question and has found that service by mail under FRCP 4(f)(2)(C)(ii) is an acceptable means of service in that country.  Refer to the Department of State web-site at travel.state.gov. If service is not acceptable counsel may want to attempt service through diplomatic channels under 28 U.S.C. 1608(a)(4). 

    Praecipe in letter format addressed to the Clerk of Court detailing the documents to be served by registered mail, and the names and addresses of the parties being served.  When not filed electronically, the Clerk's Office will scan the Praecipe and other Long Arm documents upon completion of the process.

    Copies (one for each party) of each document to be served.

    An original plus one copy of a completed summons form for each party.

    Envelopes (Kraft, brown paper, no Tyvec or padding, must meet USPS requirements), pre-addressed to each party, with accompanying registered mail receipts and pink return receipt cards.  The return receipt cards should list the name and address of the Clerk of the U.S. District Court in the area designated for the ‘sender’.

    Contact the Intake Section of the Clerk’s Office at 302-573-6170 to arrange a mutually convenient time to coordinate the delivery of the process and postal fees to the U.S. Post Office.

    Please contact the Clerk’s Office for information regarding other long arm or foreign procedures
    not mentioned above; e.g. Hague Convention, Apostille, Letters Rogatory, and Title 6 Del. Code, Section 17-109, etc.

     

  • What items are needed when filing a Notice of Removal pursuant to 28 U.S.C. Section 1441?

    Civil Cover Sheet

    Form (JS-044)

    Notice of Removal  

     

    Original (not bound or stapled) + one stapled copy;

    Attach copies of all process, pleadings, and orders served upon defendant(s).

    The case caption, insofar as the parties are concerned, must be identical to the caption in State Court (Refer to Local Rule 81.1).

    Filing Fee

    Payment of filing fee, $400.00 (made payable to Clerk, U.S. District Court), or Application to Proceed Without Prepayment of Fees (AO-239).

    Information regarding the procedure for removal can be found
    in Title 28 of the U.S. Code, Section 1446.

  • How do I present documents for filing under seal?

    Beginning November 1, 2012, a registered user of CM/ECF is required to upload the pdf and e-file their sealed civil and miscellaneous documents directly into CM/ECF. See our video for step-by-step instructions for properly e-filing sealed documents.  The authority for filing a document under seal must be provided by a protective order or other order of the Court. Sealed documents in Social Security cases shall continue to be filed in paper format only.

    Filers who are not registered users of CM/ECF shall present the original sealed document to the Clerk’s Office on a properly labeled compact disk in PDF, with a signed paper copy marked "ORIGINAL, and provide the required number of courtesy copies.  Each copy must be presented in a separate and properly marked envelope.

    When filing the paper courtesy copies of sealed documents, include the heading, case caption, case number, document title, /s/ and attorney information of the e-filer on a cover page taped to the front of the envelope (Click to view example).  Either securely tape a photocopy of the Notice of Electronic Filing to the back of the envelope, OR, indicate the Docket Item # on the top front corner of the cover page.

    The "filed date" of a sealed document is the date first received, either by e-filing, or when presented in paper only/disk format at the Clerk's office.  Counsel may provide additional copies if clock-ins are necessary, however, clock-ins should be placed in separate properly marked individual envelopes.  Intake staff will only stamp the outside envelopes of e-filed "Courtesy copies" or "clock-ins" as "Received", as such envelopes are not opened at the Intake Help Desk.

    Please visit the CM/ECF Page of our web site for additional information, instructions, and a tutorial.

  • What are the filing requirements for various types of pleadings or motions by Pro Se, non-CM/ECF parties?
     

    Intake deputies screen all documents presented by such filers for compliance with the Federal Rules of Civil Practice and Procedure and the District of Delaware Local Rules. This includes but is not limited to verifying that the caption, case number and Judge assigned match; required signatures are present; service on local counsel is noted, etc.  Deficiencies are brought to the attention of the filing party and occasionally may be corrected on the spot.  Specific filing requirements include but are not limited to:

    •  

    ALIAS SUMMONS: Indicate "ALIAS" above the word "SUMMONS". 

    •  

    AMENDED COMPLAINT: Original (not bound or stapled) and one copy; must show service.  Refer to Local Rule 15.1, and F.R.C.P. 15.

    •  

    APPEAL (Notice of): Original and one copy, $455.00 filing fee, payable to Clerk, U.S. District Court or, pauper application may accompany appeal when applicable.  Transcript Purchase Order will be provided to filer.

    •  

    BRIEF and APPENDIX: Original (not bound or stapled), and one copy; must show service; copy bound on left margin; form and content, page numbering, and length, refer to Local Rule 7.1.3.

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    DISCOVERY PAPERS (Admissions, depositions, interrogatories, requests for production):
    Discovery papers are filed only when ordered or needed by the Court, and when pro se parties are involved in a case.  When filed, original only, must show service. Refer to Local Rule 5.4 and 26.1.

    •  

    JURY (Instructions, Interrogatories, Voir Dire): Original (not bound or stapled) and one copy, must show service.  Refer to Local Rule 47.1, 51.1.

    •  

    MOTION: Original (not bound or stapled), and one copy; must show service.  Refer to Local Rule 5.3.

     
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    Motions to extend discovery or trial deadline must provide reasons for request and evidence that the client is aware.  Refer to Local Rule 16.4.

     
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    Motions to amend must include the proposed pleading as amended and one copy, with appropriate underlining and brackets.  Refer to Local Rule 15.1.

    •  

    SEALED DOCUMENTS: Refer to FAQ - How do I present documents for filing under seal?

  • Can a document be filed by fax or be faxed to me?

    We do not accept faxed documents for filing, nor do we send court filings by fax.

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