Certificate of Service — Delaware Superior Court / Court of Chancery

CERTIFICATE OF SERVICE

State of Delaware

COURT CAPTION

Superior Court:

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR [____________________] COUNTY

________________________________________,
                              Plaintiff,

v.                                              C.A. No. [____________________]

________________________________________,
                              Defendant.

Court of Chancery:

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

________________________________________,
                              Plaintiff,

v.                                              C.A. No. [____________________]

________________________________________,
                              Defendant.

Family Court:

IN THE FAMILY COURT OF THE STATE OF DELAWARE
IN AND FOR [____________________] COUNTY

In the Matter of: [________________________________]

                                                File No. [____________________]

(Select and complete the appropriate caption for your court; delete the others)

CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I
caused to be served a true and correct copy of the following document(s):

Document(s) Served:

1. [________________________________]
2. [________________________________]
3. [________________________________]
   (add rows as needed)

upon all parties or their counsel of record as identified below, by the method(s)
indicated, in accordance with Rule 5 of the [Superior Court / Court of Chancery /
Family Court] Rules of Civil Procedure.

SECTION I — PARTIES / COUNSEL SERVED

Party / Counsel No. 1

Method of Service (check all that apply):

☐ File & ServeXpress (F&SX) Electronic Service — Filed and served through
File & ServeXpress pursuant to Administrative Directive 2007-6; service is
automatic upon transmission for all registered F&SX participants.

• F&SX Transaction ID / Confirmation No.: [________________________________]
• Date/Time of Transmission: [__/__/____] at [________] ☐ AM ☐ PM

☐ Electronic Mail (Email) — Served by email with written consent of the
receiving party pursuant to Del. Super. Ct. Civ. R. 5(b)(2)(E).

• Email address(es) served: [________________________________]
• Date/Time Transmitted: [__/__/____] at [________] ☐ AM ☐ PM
• ☐ Delivery / read receipt obtained

☐ Hand Delivery / Personal Service — Delivered in person.

• Person who received delivery: [________________________________]
• Date/Time: [__/__/____] at [________] ☐ AM ☐ PM
• Location: [________________________________]

☐ U.S. First-Class Mail — Placed in U.S. Mail, postage prepaid.

• Mailed from: [________________________________], Delaware
• Date Mailed: [__/__/____]
• Note: Under Del. R. Civ. P. 6(e), 3 additional days are added to any
  response period triggered by mail service.

☐ Certified Mail / Return Receipt Requested

• USPS Tracking No.: [________________________________]
• Date Mailed: [__/__/____]

☐ Overnight Courier (FedEx / UPS / other)

• Carrier: [________________________________]
• Tracking No.: [________________________________]
• Date Tendered to Carrier: [__/__/____]

☐ Other (describe method authorized by court order): [________________________________]

Party / Counsel No. 2

Method of Service (check all that apply):

☐ File & ServeXpress Electronic Service

• F&SX Transaction ID: [________________________________]
• Date/Time: [__/__/____] at [________] ☐ AM ☐ PM

☐ Electronic Mail (Email)

• Email address(es): [________________________________]
• Date/Time Transmitted: [__/__/____] at [________] ☐ AM ☐ PM

☐ Hand Delivery / Personal Service

• Date/Time: [__/__/____] at [________] ☐ AM ☐ PM
• Location: [________________________________]

☐ U.S. First-Class Mail

• Mailed from: [________________________________], Delaware
• Date Mailed: [__/__/____]

☐ Certified Mail / Return Receipt Requested

• USPS Tracking No.: [________________________________]

☐ Overnight Courier

• Carrier: [________________________________] Tracking No.: [________________]

☐ Other: [________________________________]

(Duplicate Party / Counsel block as needed for additional parties)

SECTION II — MULTIPLE-PARTY SERVICE TABLE

(Use when serving three or more parties; attach continuation sheets if needed)

SECTION III — SELF-REPRESENTED (PRO SE) PARTY SERVICE

If a party is self-represented and not a registered File & ServeXpress participant,
electronic auto-service will not reach them. Manual service is required.

☐ The following self-represented party was served by non-electronic means:

• Pro Se Party Name: [________________________________]
• Last Known Address: [________________________________]
• City, State, Zip: [________________________________]

• Method of Service:
  ☐ U.S. First-Class Mail — Date Mailed: [__/__/____]
  ☐ Hand Delivery — Date/Time: [__/__/____] at [________]
  ☐ Certified Mail — Tracking No.: [________________________________]
  ☐ Email (only with written consent) — Date/Time: [__/__/____]

• Notes: [________________________________]

SECTION IV — COURT OF CHANCERY SPECIFIC PROVISIONS

The Court of Chancery operates under its own set of rules (Del. Ch. Ct. R.)
and uses File & ServeXpress exclusively for electronic filing and service.

Court of Chancery Transaction ID: [________________________________]

☐ Confidential treatment requested pursuant to Court of Chancery Rule 5.1;
public version filed simultaneously.

• Public Version Filing Reference: [________________________________]
• Confidential Version Transaction ID: [________________________________]

☐ Confirmation that service complies with any operative Confidentiality Order
(Stipulated Protective Order dated [__/__/____]).

Note on Redactions — Rules 5.1/5.2: For cases involving confidential
information, a public version with appropriate redactions must be filed alongside
the confidential version. Confirm that all parties have been served the
appropriate version per any protective orders in effect.

SECTION V — FILE & SERVEXPRESS PORTAL NOTES

Auto-Service: When a document is filed through File & ServeXpress, the
system automatically notifies all registered service contacts for the case.
For Superior Court matters, Administrative Directive 2007-6 governs the
electronic filing and service procedures. Always confirm that all counsel of
record have been added as service contacts within the F&SX case.

Third-Party Vendor Identification: If service was completed by a third-
party vendor (e.g., process server, courier service), identify the vendor:
[________________________________], and retain a declaration of service.

SECTION VI — TIME COMPUTATION / MAIL RULE

Under Del. R. Civ. P. 6(e), when a party must act within a prescribed period
after service, and service is made by U.S. Mail, three (3) additional calendar
days are added to the prescribed period.

Example: A 20-day response period triggered by mail service becomes
23 days from the date of mailing.

This three-day extension does not apply to service made through File &
ServeXpress or other electronic means that are deemed complete upon transmission.

DECLARATION

I declare under penalty of perjury under the laws of the State of Delaware that
the foregoing Certificate of Service is true and correct.

Date: [__/__/____]

_____________________________________________
[________________________________]
Delaware Bar I.D. No.: [____________________]
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________] (City, State, Zip)
Telephone: ([____]) [____]-[________]
Facsimile:  ([____]) [____]-[________]
Email:      [________________________________]
Attorney for [________________________________]

PRACTITIONER NOTES

1. File & ServeXpress (F&SX). Both the Delaware Superior Court and Court of
Chancery require electronic filing through File & ServeXpress. For Superior Court,
this is governed by Administrative Directive 2007-6. Confirm that all parties and
their counsel are listed as service contacts in the F&SX case file.

2. Court of Chancery Transaction IDs. The Court of Chancery frequently
requires F&SX transaction IDs to be included in the certificate of service.
Check current Chancery Court standing orders and any case-specific orders.

3. Confidentiality / Redaction. Rules 5.1 and 5.2 (Chancery) govern
treatment of confidential information. When filing under seal, ensure both a
public redacted version and a confidential version are properly lodged and served.

4. Three-Day Mail Rule. Del. R. Civ. P. 6(e) adds three days to response
deadlines triggered by mail service. Calendar this carefully and note whether
the deadline falls on a weekend or holiday, which extends it to the next business
day under Rule 6(a).

5. Family Court. The Delaware Family Court has its own procedural rules. If
serving in Family Court, consult Del. Fam. Ct. Civ. R. 5 and confirm whether
electronic service is available for the specific case type.

6. Record Retention. Pursuant to Del. Super. Ct. Civ. R. 5(f), service
records should be retained for potential evidentiary use. Maintain F&SX
transaction receipts, email delivery logs, and certified mail return cards.

7. Service Exemptions. Certain parties may be exempt from electronic filing
(e.g., incarcerated pro se litigants). Confirm appropriate alternative service
methods with the clerk's office.

Sources and References

• Delaware Courts Electronic Filing: https://courts.delaware.gov/efiling/
• File & ServeXpress Delaware: https://www.fileandservexpress.com/delaware/
• Delaware Superior Court Rules: https://courts.delaware.gov/forms/download.aspx?id=173418
• Delaware Courts Rules Page: https://courts.delaware.gov/rules/