Rule 4.Process

Ch. II: Commencement of Action; Service of Process, Pleadings, Motions and Orders: Deposit and Security for Costs · Last amended 2022 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 4 is process: the Clerk issues the summons, the sheriff or an appointed person serves it with the petition, and it is returnable 20 days after issuance.

Full Text of Rule 4

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Issuance of Summons. Subject to subsections (d)(6) and (7) of this Rule, upon the commencement of an action, the Clerk shall forthwith issue the summons and shall deliver it together with a copy of the petition for service to the sheriff of the county or counties specified or to a person specially appointed by the Court to serve it. Upon direction of the petitioner, separate or additional process shall issue against any respondents.

(b) Contents of Summons. The summons shall bear the date of its issuance, be signed by the Clerk or one of the Clerk's deputies, be under the seal of the Court, contain the name of the Court and the names of the parties, state the name of the official or other person to whom it is directed, the name and address of the petitioner's attorney, if any, otherwise the petitioner's address, and the time within which these Rules require the respondent to appear and respond, and shall notify the respondent that in case of the respondent's failure to do so, judgment by default may be rendered for the relief demanded in the complaint.

(c) By Whom Served. Service of process shall be made by the sheriff to whom the writ is directed, by a sheriff's deputy, by a deputy designated and sworn by the Chief Judge, or by some person specially appointed by the Court for that purpose, except that a subpoena may be served as provided in Rule 45.

(d) Service of Process; How Made. The summons and petition shall be served together. The Clerk shall furnish the person making service with such copies as are necessary. Service shall be made as follows:

(1) Upon an individual other than a child or an incompetent person by delivering a copy of the summons and petition to the respondent personally or by leaving copies at the respondent's dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering copies thereof to an agent authorized by appointment or by law to receive service of process.

(2) Upon a child under the age of 18 years, if such child has a parent, custodian or guardian in this State, by service upon such parent, custodian or guardian in the same manner as upon an individual, if the parent, custodian or guardian is an individual, or in the same manner as upon a corporation, if the parent, custodian or guardian is a corporation; and if there is no such parent, custodian or guardian, by service in the same manner as upon an individual, upon an adult person with whom such child resides or has place of abode.

(3) Upon an incompetent person, if such person has a trustee or guardian in this State, by service upon such trustee or guardian, in the same manner as upon an individual, if the trustee or guardian is an individual; or in the same manner as upon a corporation, if such trustee or guardian is a corporation; and if there is no such trustee or guardian, by service in the same manner as upon an individual, upon an adult person with whom such incompetent person resides or has place of abode.

(4) As used herein, “trustee” or “guardian” refers to one appointed by the Court of competent jurisdiction in this State; provided, however, that a trustee or guardian duly appointed by a court of competent jurisdiction of another state may accept service or appear, upon filing proof of such appointment in the cause here pending.

(5) Upon a child or incompetent person, not a resident of the State, in the same manner as upon a competent adult person who is not an inhabitant of or found within the State.

(6) Whenever a statute, Rule or Order provides for service of summons or of a notice or of an order in lieu of summons upon a party not an inhabitant of or found within the State, service shall be made under the circumstances in the manner prescribed by the statute, Rule or Order.

(7) Whenever, by statute or other Rule or Order some other method or methods of service of process is required for a particular action, including service by publication in print or on the Court's legal notices website, then the statute or other Rule or Order of this Court shall control and supersede the method(s) of service provided herein and, whenever by statute (10 Del. C. Section 1065, 10 Del. C. Section 3104, or other) or other Rule or Order of this Court, some other method(s) of service of process may be permitted which is not in contravention of a specific statute or Rule or Order of this Court, then the Clerk is authorized and empowered to utilize such alternative method(s) of service.

(e) Return of Process. The summons provided in paragraph (a) hereof shall be returnable 20 days after the issuance unless otherwise specially ordered. The person serving the process shall make return of the process to the Court promptly after service and in any event on the indicated return day. Process which cannot be served before the return day shall be returned on the return day and such return shall set forth the reasons why service could not be had. If service is made by a person other than by the officer or the officer's deputy or a deputy appointed by the Chief Judge, that return shall be signed. A conformed signature may be used on the return. Failure to make a return or proof of service shall not affect the validity of service.

(f) Amendment of Process. At any time in its discretion and upon such terms as it deems just, the Court may allow any process or return of proof of service to be amended unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

(g) Notices. After a party or attorney has been served with a summons or has entered an appearance, notice of the time, date and place of any proceeding may be (1) given in Court, or (2) sent by ordinary first-class mail to the last known address of the parties, or (3) served personally, or (4) communicated in any such other reasonable manner as the Court may direct.

End

Amendment History

Delaware prints each rule’s amendment history as a single “Credits” line naming every order that adopted or amended it. It is reproduced verbatim below.

[Amended effective December 1, 2018; January 1, 2022.]

Plain-English Summary

The longest rule in the opening chapters, because getting notice to the right person is where cases most often go wrong.

Issuing. On commencement, the Clerk issues the summons and delivers it with a copy of the petition to the sheriff of the county specified, or to a person the court specially appoints. The summons bears its date of issuance, the Clerk's signature and the court's seal, names the court and the parties, names the person it is directed to, gives the petitioner's attorney's name and address (or the petitioner's own), and states the time within which the respondent must appear.

Who serves. The sheriff, a sheriff's deputy, a deputy designated and sworn by the Chief Judge, or a person the court specially appoints. A subpoena is the exception and goes by Rule 45.

How, on whom. The summons and petition are served together. On an ordinary adult, by handing it over, by leaving it at the dwelling with someone of suitable age and discretion residing there, or by delivering it to an authorised agent. On a child under 18 or an incompetent person, through the parent, custodian, guardian or trustee in this State — and if there is none, in the same manner as on an individual. Where a statute or order prescribes a different method, including publication in print or on the court's legal notices website, that method controls.

Return. The summons is returnable 20 days after issuance unless the court orders otherwise, and the server must return it promptly and in any event on the return day. Process that could not be served is still returned, with the reason.

Afterwards. The court may allow process or a proof of service to be amended unless doing so would materially prejudice the substantial rights of the party served. And once a party or attorney has been served or appeared, notice of a hearing may be given in court, by ordinary first-class mail to the last known address, personally, or in any other reasonable manner the court directs.

Frequently Asked Questions

How is a Delaware Family Court summons served?

By the sheriff, a sheriff's deputy, a deputy designated and sworn by the Chief Judge, or a person specially appointed by the court. A subpoena may instead be served as Rule 45 provides.

How long is a summons good for?

It is returnable 20 days after issuance unless the court specially orders otherwise.

How do you serve someone who cannot be found?

Where a statute, rule or order provides another method for the action, that method controls — including service by publication in print or on the court's legal notices website.

How is a child or an incompetent person served?

Through a parent, custodian, guardian or trustee in this State, served in the same manner as an individual or a corporation as the case may be; if there is none, service is made as upon an individual.

Can a mistake in the paperwork be fixed?

The court may allow process or a proof of service to be amended at any time, on terms it thinks just, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 4), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: Delaware Family Court service of process20 day return summons Delawareserve a child Delaware Family CourtFam. Ct. Civ. R. 4