Rule 5.Service and filing of pleadings and other papers

Ch. II: Commencement of Action; Service of Process, Pleadings, Motions and Orders: Deposit and Security for Costs · Last amended 2023 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 5 governs everything filed after the petition — who must be served, how an appearance is entered, how service is made, and what proof of service the Clerk requires.

Full Text of Rule 5

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

(a) Service: When Required. Except as otherwise provided in these Rules, every order required by its terms to be served, every pleading subsequent to the original petition unless the Court otherwise orders because of numerous respondents, every paper relating to discovery required to be served upon a party unless the Court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(b)

(1) Appearance of Party: When; How Made. Except as otherwise provided by statute, a respondent may appear though not served with a summons. Appearance may be made by the service and filing of notice thereof, or by the service or filing of any motion or pleading purporting to be responsive to or affecting the petition, or by appearing personally, including participating virtually, at any Court mediation conference, hearing or trial in the action.

(2) Appearance of Attorney: When; How Made; Withdrawal.

(A) An attorney shall appear for the purpose of representing a party by filing a written notice of appearance a form of which will be provided by Family Court. The notice of appearance shall specify the matter(s) in which the attorney will represent the party. Once an attorney has filed a notice of appearance in a particular matter, copies of all notices given to the party with regard to that matter shall also be given to the party's counsel. No appearance shall be withdrawn except upon application by the attorney and order of the Court for good cause.

(B) Any appearance by an attorney in accordance with subparagraph (A) shall be limited to representation with respect to the specific petition filed and shall terminate when the time for appeal has elapsed from the final order entered by the Court.

(3) Transmittal of Petition After Appearance. When a respondent appears in a case without having been personally served a summons and copy of the petition, the respondent waives any right to personal service of the summons and petition. Court staff will, on request, provide a copy of the petition to the respondent either (1) in person at the courthouse, or (2) via electronic mail using an electronic mail address provided by the respondent, or (3) via regular mail using the address provided by the respondent, or (4) by providing a copy to respondent's attorney who has entered an appearance pursuant to subsection (b)(2).

(c) Service of Pleadings and Paper: How Made. Whenever under these Rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the Court. Service upon the attorney or upon a party shall be made in a manner reasonably calculated to ensure delivery of the copy before or at the time of filing. Service upon the attorney or upon a party shall be made:

(1) by delivering a copy to the party,

(2) by mailing it to the party at the party's last known address,

(3) by electronic mail to the party at the party's last known electronic mail address, or

(4) if no address is known, by leaving it with the Clerk. “Delivery of a copy” within this Rule means handing it to the attorney or to the party; or leaving it at the attorney's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the dwelling or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail or electronic mail is complete upon mailing, unless an electronic response is received indicating that the electronic mail is undeliverable, in which case an alternative method of service shall be used, including repeat service by electronic mail until there is no electronic response indicating that the mail is undeliverable.

(d) Filing. All papers after the petition required to be served upon a party shall be filed with the Court within a reasonable time after service, except that filing of discovery and its product after service shall be governed by Rule 26(e).

(e) Filing with the Court Defined. The filing of pleadings and other papers with the Court as required by these Rules shall be made by filing them with the Clerk, except that the Judge may permit the papers to be filed with the Judge, in which event the Judge shall note thereon the filing date and transmit them to the office of the Clerk.

(f) Proof of Service of Papers. Unless otherwise ordered, no pleading or other paper, required by these Rules to be served by the party filing the paper, shall be filed unless the original

(1) shall have endorsed thereon a receipt of service of a copy by all parties required to be served, or

(2) shall be accompanied by affidavit showing that service has been made and how made, or

(3) shall be accompanied by a certificate of an attorney of record showing service has been made and how.

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 September 3, 1996; November 3, 1999; January 9, 2017; December 1, 2018; December 1, 2021; January 1, 2023.]

Plain-English Summary

What must be served. Every order required by its terms to be served, every pleading after the original petition, every discovery paper required to be served, every written motion other than one heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal and similar paper.

Appearing. A respondent may appear without ever having been served, by serving and filing a notice, by serving or filing any motion or pleading responsive to the petition, or by turning up in person — including virtually — at a court mediation or hearing. An attorney appears by filing a written notice of appearance on the court's form, and that notice must specify the matters in which the attorney will represent the party. The appearance is limited to the specific petition filed and ends when the time for appeal has run from the final order.

That limitation is worth underlining: in the Delaware Family Court an attorney does not sign on to a family indefinitely. Each petition is its own engagement.

A respondent who appears without service. They waive personal service of the summons and petition; court staff will on request give them a copy of the petition, in person at the courthouse or by electronic mail.

How service is made. On a represented party, service goes to the attorney unless the court orders otherwise, and must be made in a manner reasonably calculated to ensure delivery before or at the time of filing — by delivering a copy, by mail to the last known address, by electronic mail to the last known address, or, if no address is known, by leaving it with the Clerk.

Filing and proof. Papers served on a party are filed within a reasonable time after service, discovery excepted. Nothing required to be served will be filed unless the original carries an endorsed receipt of service, an affidavit showing service was made and how, or an attorney's certificate to the same effect.

Frequently Asked Questions

Do I have to send the other side everything I file?

Yes, for every pleading after the petition, every order required to be served, every discovery paper required to be served, every written motion other than one heard ex parte, and every written notice, demand or similar paper.

How does a lawyer enter an appearance in the Delaware Family Court?

By filing a written notice of appearance on the form the court provides, specifying the matters in which the attorney will represent the party.

When does a lawyer's appearance end?

An appearance is limited to the specific petition filed and terminates when the time for appeal has elapsed from the final order the court enters.

Can papers be served by email?

Yes. Service may be made by electronic mail to the party at their last known electronic mail address, among the other permitted methods.

What proof of service does the court need?

The original must carry an endorsed receipt of service by all parties required to be served, or be accompanied by an affidavit showing service was made and how, or by an attorney of record's certificate to the same effect.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 5), 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 pleadingsentry of appearance Delawareemail service Family Court DelawareFam. Ct. Civ. R. 5