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?

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.

Rev. 2/2/2015

Under Federal Rules of Civil Procedure, Rule 4(f)(2)(C)(ii), please complete the following actions:

E-file a Praecipe (letter format) addressed to the Clerk of Court, listing the documents to be served, names and addresses of defendants to be served by registered mail, and note that service is pursuant to this rule.  When not e-filed, the Praecipe may be saved in pdf on a disk, and filed at the Clerk’s Office Help Desk.

E-file an Affidavit certifying under penalty of perjury, that counsel has researched service of process in the applicable country, confirming that service by registered mail pursuant to F.R.C.P 4(f)(2)(C)(ii) is an acceptable means of service in that country.   Filer should refer to Department of State web-site, travel.state.gov. “Legal Consideration” section. If service by mail is not acceptable, diplomatic channels may be appropriate pursuant to 28 U.S.C. 1608(a)(4).

Deliver to the Clerk’s Office Help Desk, the following:

1. One copy of each document to be served, to include a copy of the e-filed praecipe and affidavit, for each party being served;
2. An original signed and sealed copy of the summons form for each party being served;
3. Envelope(s) (brown kraft paper – no tyvec or padded) that meets USPS requirements for registered mail, pre-addressed to each party being served, showing return address: Clerk, U.S. District Court, Unit 18, 844 N. King Street, Wilmington, DE 19801.
4. Completed Registered Mail receipt form PS 3806, Registered Mail Label PS 200, and completed Return Receipt Card PS 2865 (International) for each package being mailed.

An Intake Deputy will prepare a transmittal/cover letter on Clerk’s Office letterhead, listing the documents being mailed, noting that the mailing is being made pursuant to F.R.C.P. 4(f)(2)(C)(ii), and make final preparations for each package.  Each envelope will be sealed with brown kraft tape over all flaps, with applicable labels properly affixed.

Once sealed and ready for mailing, the Clerk’s office will advise the requesting party/attorney that the envelopes are ready for their pickup and delivery to the U.S. Post Office.  The requestor arranges pickup and delivery of the packages to the post office and payment of all fees.  After the Post Office completes their processing, the requestor will deliver the registered mail postal receipt to the Clerk’s Office for docketing.

Upon receipt of the post office registered mail receipts, the Intake Deputy will prepare an Affidavit of Mailing, to include the postal receipts, which will be docketed as Proof of Mailing.

After service has been made, the international return receipt cards will be mailed back to the Clerk’s Office and be docketed as Return of Service Executed

Under 10 Delaware Code § 3114, please complete the following actions:

E-file a Praecipe (letter format) addressed to the Clerk of Court, listing the certified copies of documents to be served, names and addresses of defendants to be served by registered mail, and note that service is pursuant to this rule.  When not e-filed, the Praecipe may be saved in pdf on a disk, and filed at the Clerk’s Office Help Desk.

Deliver to the Clerk’s Office Help Desk, the following:

1. One copy of each document to be served, to include a copy of the e-filed praecipe and  summons attesting prior service on the Registered Agent, for each party being served;
2. Each document should be printed with the docket headers turned ON, and must be CERTIFIED by the Clerk’s Office for $11.00 per document. Make checks payable to CLERK, U.S. DISTRICT COURT.
3. Envelope(s) (brown kraft paper – no tyvec or padded) that meets USPS requirements for registered mail, pre-addressed to each party being served, showing return address: Clerk, U.S. District Court, Unit 18, 844 N. King Street, Wilmington, DE 19801.
4. Completed Registered Mail receipt form PS 3806, Registered Mail Label PS 200, and completed Return Receipt Card PS 3811 (Domestic), for each package being mailed.

An Intake Deputy will prepare a transmittal/cover letter on Clerk’s Office letterhead, listing the documents being mailed, noting that the mailing is being made pursuant to 10 Del Code § 3114, and make final preparations for each package.       Each envelope will be sealed with brown kraft tape over all flaps, with applicable labels properly affixed.

Once sealed and ready for mailing, the Clerk’s office will advise the requesting party/attorney that the envelopes are ready for pickup and delivery to the U.S. Post Office. The requestor arranges pickup and delivery of the packages to the post office and payment of all fees.  After the Post Office will completes their processing, the requestor will deliver the registered mail postal receipt to the Clerk’s Office for docketing.

Upon receipt of the post office registered mail receipts, the Intake Deputy will prepare an Affidavit of Mailing, to include the postal receipts, which will be docketed as Proof of Mailing.

After service has been made, the domestic return receipt cards will be mailed back to the Clerk’s Office and e docketed as Return of Service Executed.

Under 6 Delaware Code § 17-109 or 18-109, please complete the following actions:

E-file a Praecipe (letter format) addressed to the Clerk of Court, listing the certified copies of documents to be served, names and addresses of defendants to be served by registered mail, and note that service is pursuant to this rule.  When not e-filed, the Praecipe may be saved in pdf on a disk, and filed at the Clerk’s Office Help Desk.

Deliver to the Clerk’s Office Help Desk, the following:

1. One copy of each document to be served, to include a copy of the e-filed praecipe and  summons attesting prior service on the Registered Agent, for each party being served;
2. Each document should be printed with the docket headers turned ON, and must be CERTIFIED by the Clerk’s Office for $11.00 per document. Make checks payable to CLERK, U.S. DISTRICT COURT.
3. Envelope(s) (brown kraft paper – no tyvec or padded) that meets USPS requirements for registered mail, pre-addressed to each party being served, showing return address: Clerk, U.S. District Court, Unit 18, 844 N. King Street, Wilmington, DE 19801.
4. Completed Registered Mail receipt form PS 3806, Registered Mail Label PS 200, and completed Return Receipt Card PS 3811 (Domestic), for each package being mailed.

An Intake Deputy will prepare a transmittal/cover letter on Clerk’s Office letterhead, listing the documents being mailed, noting that the mailing is being made pursuant to 6 Delaware Code §17-109 or other applicable state statute, and make final preparations for each package. Each envelope will be sealed with brown kraft tape over all flaps, with applicable labels properly affixed.

Once sealed and ready for mailing, the Clerk’s office will advise the requesting party/attorney that the envelopes are ready for their pickup and delivery to the U.S. Post Office.  The requestor arranges pickup and delivery of the packages to the post office and payment of all fees.  After the Post Office will completes their processing, the requestor will deliver the registered mail postal receipt to the Clerk’s Office for docketing.

Upon receipt of the post office registered mail receipts, the Intake Deputy will prepare an Affidavit of Mailing, to include the postal receipts, which will be docketed as Proof of Mailing.

After service has been made, the domestic return receipt cards will be mailed back to the Clerk’s Office and be docketed as Return of Service Executed.