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FAQs
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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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Where can I obtain a passport?
Newark Post Office
110 E. Main Street
Newark, DE 19711
(302) 368-4541Wilmington Post Office
500 Delaware Ave. STE 1
Wilmington, DE 19801
(302) 656-0196Talleyville Post Office
3911 Concord Pike
Wilmington, DE 19803
(302) 479-9495 -
Where do Pro Se or non-CM/ECF parties file new cases?
All such filings are processed at the Clerk’s Office Intake counter, Room 4209. The Clerk's Office does not have an after-hours drop box. When filing by mail, send documents to:
OFFICE OF THE CLERK
UNITED STATES DISTRICT COURT
844 N KING ST UNIT 18
WILMINGTON DE 19801-3570Exceptions to filing with the Clerk include:
- Papers accepted and "Filed in Open Court" during a proceeding.
- As directed by a Judge’s chambers.
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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 $50.00 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.
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How does an attorney become admitted to practice in the U.S. District Court - District of Delaware?
Beginning May 4, 2020, the District Court of Delaware will be upgraded to the NextGen electronic case filing system. To seek any type of admission and to electronically file, attorneys must have an individual upgraded PACER account; shared PACER accounts cannot be used for admission or e-filing. If an attorney does not have an individual account, he/she should request one from PACER.
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. Attorney admission to the District of Delaware requires a $196.00 application fee.
If there is a problem with your application, you will be notified by one of our Attorney Admissions Clerks. Otherwise, your application will be approved, and your Oath Ceremony scheduled for the next available date. You will receive notification by email as to the date, time and presiding Judge for your ceremony. At the time of admission, you must appear before the Court and be introduced by your sponsor. (There is no provision for an attorney to be waived into the bar of the court without making a personal appearance.)
Registration for Admission
1. Navigate to www.pacer.gov
2. Click Manage My Account at the very top of the page
3. Login with your upgraded individual PACER account username and password
4. Click on Maintenance tab
5. Select Attorney Admission/E-file Registration
6. Select U.S. District Courts as the Court Type and Delaware District Court as the Court. Click Next.
7. Select Attorney Admissions and E-file
8. Complete all five sections of the required registration information:
a. Attorney Bar Information
b. Sponsoring Attorney
c. Attorney Information
d. Document Upload (Application and Certificate of Good State from Delaware Supreme Court)
e. Additional Attorney Information Required by Court
9. Complete the personal information on the E-file Registration section (most sections will be auto populated by PACER.
10. Enter your email address, email frequency and email format. (Note that HTML is the preferred email format). Click Next.
11. Set default payment information, if desired (not required). Click Next when finished or to bypass this screen.
a. To use the same account for multiple fee types, once the account information is entered, click on the letter(s) on the left to designate the entered payment method to that account. The letter icon will turn from grey to blue once it has been designated an account.
12. Check the Acknowledgement of Policies and Procedures for Attorney Admissions box and the two Attorney E-filing Terms of Use acknowledge boxes.
13. Click Submit. The court will review your admission request and provide you with further instructions via email, including an invitation email to attend an Oath Ceremony.IMPORTANT NOTE: You will be required to pay your admission fee online using the link provided in the email. Do not use the Make One-Time PACER Fee Payment option on the Manage My Account link. This option can only be used to pay your PACER bill.
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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. -
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, $505.00 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.
- 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.
- 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.
- 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?
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How do I arrange for service of process via registered mail under a long arm statute?
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:
- One copy of each document to be served, to include a copy of the e-filed praecipe and affidavit, for each party being served;
- An original signed and sealed copy of the summons form for each party being served;
- 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.
- 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:
- 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;
- 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.
- 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.
- 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:
- 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;
- 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.
- 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.
- 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.
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How do I obtain copies of documents from an archived case file?
To place a copy order for paper documents in a closed case accessed for storage at the National Archives and Records Administration (NARA), Philadelphia Records Center, 14700 Townsend Road, Philadelphia 19154, or a permanent case record on file with NARA Archives at Philadelphia, 14700 Townsend Road, Philadelphia 19154 (formerly center-city Philadelphia), please review the following:
1. PLACING A COPY ORDER DIRECTLY WITH THE RECORDS CENTER:
When the case number you are searching for includes an “Accession Number”, you may place your copy order directly with the Philadelphia Records Center, (215) 305-2000. 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 cases2. PLACING A COPY ORDER DIRECTLY WITH THE NATIONAL ARCHIVES
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 NARA Archives at Philadelphia, at (215) 305-2044, and place your copy order directly with them. Copy orders for case documents located at the Archive at 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:www.archives.gov
http://www.archives.gov/philadelphia/
E-Mail: philadelphia.archives@nara.gov
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. Electronic retrieval of records is also available from the FRC. The costs for electronic record retrieval of records is a flat rate of $19.90 plus a FRC per-page of $.65. 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 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.