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Change in Clerk's Office Procedure Re: Service of Documents Via Registered Mail

Friday, January 16, 2015

Effective February 2, 2015, parties requesting service of process pursuant to:

- F.R.C.P. 4(F)(2)(c)(II)
(Service on an individual in a foreign country -“Long Arm Statute”);

- Title 6 Del. Code § 17-109
(Service of process on partners and liquidating trustees);

- Title 6, Del. Code § 18-109
(Service of process on managers and liquidating trustees);

- Title 10 Del. Code § 3114
(Service of process on nonresident directors, trustees, members
of the governing body or officers of Delaware corporations); and,

- Any other service of process procedure, Federal or State of Delaware statute, directing the Clerk or Prothonotary of the Court in which the civil action is pending, to assist in some manner with the mailing of process or certified/attested copies of process, via registered mail or equal.

will be required to:

  1. E-file a Praecipe requesting the assistance of the Clerk’s Office, citing the Federal Rule or Delaware statute requiring such, along with any required statements oraffidavits from the requesting party/attorney;
  2. Upon the Clerk’s Office preparation of a cover letter and certified copies (when required), pick up the completed packages from the Clerk’s Office and deliver them to the U.S. Post;
  3. pay the cost of the registered mailing(s); and,
  4. return the proof of mailing receipt(s) to the Clerk’s Office for docketing.

In the alternative, requesting parties may provide applicable mailers, prepaid mailing labels requesting return receipt, and documents for service by another acceptable means such as FedEx. The Clerk’s Office would then modify the mode of transportation noted in its cover letter.

Information regarding service of process via registered mail is located on the Court’s website,, under: “Clerk’s Office > FAQs”. Additional information may be obtained by calling the Clerk’s Office Help Desk at 302-573-6170.