Rule 79.2.Filing by email

Ch. X: The Family Court: Clerk · Last amended 2020 · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 79.2 allows filing by email into designated mailboxes when the Chief Judge authorises it, accepts an /s/ electronic signature, and permits unsworn declarations for everything except certain consents.

Full Text of Rule 79.2

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

(a) When authorized by an Order or Administrative Directive of the Chief Judge, the Family Court may allow parties to file pleadings and other papers via email. When so authorized, Family Court will accept such pleadings and papers sent to only those mailboxes established for such purpose.

(b) For pleadings and papers filed in accordance with this Rule, the pleading or paper may include a handwritten signature or an electronic signature. When used in the context of this Rule, an electronic signature will be deemed to comply with the requirements of Rule 11. An electronic signature shall be in the format of “/s/Full Legal Name.”

(c) Pursuant to Section 3927 of Title 10, the use of an Unsworn Declaration is hereby authorized for any pleading or paper, except those listed below, filed through the mailboxes. Unsworn Declarations may be used in lieu of verifications, sworn declarations, affidavits, and notarized signatures that are otherwise required on pleadings or papers filed through the mailboxes. An Unsworn Declaration may not be used with a Parental Consent to any of the following: Termination of Parental Rights, Permanent Guardianship, or Guardianship, with a Consent Parentage Decree, or with any Consent filed in an Adoption proceeding. The Chief Judge may further limit the use of Unsworn Declarations by Order or Administrative Directive.

(d) The Court will continue to serve petitions filed via mailbox while all other pleadings and papers must be served by the parties in accordance with these Rules.

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.

[Added effective July 1, 2020.]

Plain-English Summary

When it is available. When authorised by an order or administrative directive of the Chief Judge, the Family Court may allow parties to file pleadings and other papers by email, and will accept them only at the mailboxes established for that purpose.

The conditional opening is the design. Email filing is switched on and off administratively rather than by rule, which is how the court can open the channel when reaching its counters is hard, without waiting for a rule amendment.

Signatures. A paper filed this way may carry a handwritten signature or an electronic one, and an electronic signature is deemed to comply with Rule 11. Its format is fixed: /s/Full Legal Name. Neither form is treated as inferior to the other.

Unsworn declarations. Under the statute the rule cites, an unsworn declaration is authorised for any pleading or paper filed through the mailboxes, in lieu of verifications, sworn declarations, affidavits and notarised signatures. The practical effect is that a litigant does not have to find a notary in order to file.

The exceptions are narrow and serious: a declaration may not be used with a parental consent to termination of parental rights, permanent guardianship or guardianship, with a consent parentage decree, or with any consent filed in an adoption proceeding. Those are the documents by which a parent gives up a child, and the rule keeps the oath on them. The Chief Judge may limit the use of declarations further by order or administrative directive.

Service. The court continues to serve petitions filed via mailbox; every other pleading and paper must be served by the parties in accordance with these rules. Filing by email does not shift the burden of service onto the court.

Frequently Asked Questions

Can I file by email in the Delaware Family Court?

When authorised by an order or administrative directive of the Chief Judge, the court may allow parties to file pleadings and other papers by email, sent only to the mailboxes established for that purpose.

Does an emailed filing need a handwritten signature?

No. It may include a handwritten signature or an electronic signature, which is deemed to comply with Rule 11 and takes the format /s/Full Legal Name.

Do I still need a notary?

An unsworn declaration is authorised for any pleading or paper filed through the mailboxes, in lieu of verifications, sworn declarations, affidavits and notarised signatures that would otherwise be required.

When can an unsworn declaration NOT be used?

With a parental consent to termination of parental rights, permanent guardianship or guardianship, with a consent parentage decree, or with any consent filed in an adoption proceeding.

Does the court serve my emailed filing for me?

Only petitions filed via mailbox. All other pleadings and papers must be served by the parties in accordance with these rules.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 79.2), 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: file by email Delaware Family Courtunsworn declaration Delawareelectronic signature Delaware family courtFam. Ct. Civ. R. 79.2