IN THE [COURT LEVEL] COURT OF THE STATE OF DELAWARE
[COUNTY] COUNTY
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[PLAINTIFF NAME],
Plaintiff,
C.A. No.: [_]
v.
Related Dkt. Nos.: [_]
[DEFENDANT NAME],
Defendant.
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AFFIDAVIT OF SERVICE OF [DOCUMENT TITLE(S)]
[// GUIDANCE: Insert the specific Delaware trial court (e.g., “Superior Court,” “Court of Chancery,” or “Family Court”) and the county of venue.]
TABLE OF CONTENTS
1. Document Header
2. Definitions
3. Operative Provisions (Affiant Statements)
4. Representations & Warranties
5. Covenants & Restrictions (Intentionally Omitted)
6. Default & Remedies (Intentionally Omitted)
7. Risk Allocation (Intentionally Omitted)
8. Dispute Resolution (Intentionally Omitted)
9. General Provisions
10. Execution Block
SECTION 1. DOCUMENT HEADER
1.1 Title. “Affidavit of Service of [Document Title(s)].”
1.2 Parties. This Affidavit is made by [FULL LEGAL NAME OF PROCESS SERVER] (“Affiant”) in the above-captioned matter.
1.3 Effective Date. This Affidavit is executed on the ___ day of __, 20 (the “Execution Date”).
1.4 Governing Law / Jurisdiction. This Affidavit is made pursuant to and shall be construed in accordance with the procedural laws of the State of Delaware and the rules of the [COURT LEVEL] Court thereof.
SECTION 2. DEFINITIONS
For purposes of this Affidavit, the following capitalized terms have the meanings set forth below. Terms defined herein appear in alphabetical order.
“Affiant” means the individual executing this Affidavit who performed or caused to be performed the Service described herein.
“Case” means the civil action captioned above, pending in the [COURT LEVEL] Court of the State of Delaware, C.A. No. [__].
“Document(s)” means collectively the pleading(s) or paper(s) identified in Paragraph 3.2(a) below that were required to be served in accordance with Delaware Superior Court Civil Rule 4 (or corresponding rule of the Court of Chancery/Family Court, as applicable).
“Service” or “Served” means the legally sufficient delivery of the Document(s) upon the Recipient as permitted under Delaware law, including personal delivery, substituted service, or service by U.S. Mail, as further detailed in Paragraph 3.2.
“Service Address” means the physical address set forth in Paragraph 3.2(b) at which Service occurred or was attempted.
“Service Date” means the date on which Service was completed (or deemed completed) under applicable Delaware procedural rules, as identified in Paragraph 3.2(c).
“Recipient” means the person or entity upon whom the Document(s) were required to be served, further identified in Paragraph 3.2(b).
SECTION 3. OPERATIVE PROVISIONS (AFFIANT STATEMENTS)
[Affiant, after being duly sworn according to law, deposes and says:]
3.1 Competence of Affiant.
(a) Affiant is over the age of eighteen (18) years, is competent to testify to the matters stated herein, and is not a party to the Case.
(b) Affiant’s contact information is: [ADDRESS], [CITY], [STATE], [ZIP]; telephone: [--_]; e-mail: [_].
(c) Affiant holds Delaware Process Server Identification No. [_] (if applicable) and is duly authorized to effect service of process within the State of Delaware.
3.2 Description of Service.
(a) Documents Served. The following Document(s) were served:
• [e.g., “Summons,” “Complaint,” “Notice of Lis Pendens,” “Application for Injunctive Relief”]
(b) Recipient & Location of Service.
• Name of Recipient: [FULL NAME]
• Capacity (check one): ☐ Defendant ☐ Registered Agent ☐ Person of Suitable Age (Substitute Service)
• Service Address: [STREET], [CITY], Delaware [ZIP]
(c) Date, Time, and Method of Service.
• Date: ___ / ___ / 20__
• Time: ___ : ___ ☐ a.m. ☐ p.m.
• Method (select one):
1. ☐ Personal Service – hand-delivered to Recipient.
2. ☐ Substitute Service – delivered to [NAME], a person of suitable age and discretion residing at Recipient’s usual place of abode, after diligent inquiry found Recipient absent.
3. ☐ Certified Mail – sent via USPS Certified Mail, Return Receipt Requested, tracking no. [__]; receipt attached as Exhibit A.
4. ☐ Other court-authorized method (describe): [______].
3.3 Compliance with Delaware Timing Requirements.
Affiant affirms that Service was completed within the time prescribed by Delaware Superior Court Civil Rule 4(j) (presently 120 days from filing of the complaint) and, if by mail, within 10 days of mailing as specified in Rule 4(f)(1).
3.4 Attempts Log (if personal or substitute service required multiple attempts).
Attempt #1 — Date/Time: ___ / /20_ at ___ : ___ ☐ a.m. ☐ p.m.; Result: [NO ANSWER / REFUSED / MOVED].
Attempt #2 — Date/Time: ___ /_ /20__ at ___ : ___ ☐ a.m. ☐ p.m.; Result: [_].
Attempt #3 — Date/Time: ___ / /20__ at ___ : ___ ☐ a.m. ☐ p.m.; Result: [____].
3.5 Statement of Fees (optional).
Service fee charged: $[]. Mileage: [] miles. Total: $[___].
3.6 Exhibits.
(a) Exhibit A – USPS Certified Mail Receipt / Signed Green Card (if applicable).
(b) Exhibit B – Photograph(s) of Service Address (optional, recommended for contested service).
(c) Exhibit C – Affiant’s Process Server Credential.
SECTION 4. REPRESENTATIONS & WARRANTIES
4.1 Truthfulness. Affiant represents and warrants that every statement herein is true and correct to the best of Affiant’s knowledge, information, and belief.
4.2 Legal Compliance. Affiant further represents that Service was effected in full compliance with the procedural rules of the State of Delaware and any applicable court order authorizing alternate or substitute service.
4.3 No Conflict. Affiant is not employed by nor related to any party or attorney of record in the Case and has no financial interest in its outcome other than the customary fee for service of process.
4.4 Survival. The representations and warranties in this Section 4 survive submission of this Affidavit to the Court.
SECTION 5. COVENANTS & RESTRICTIONS
[INTENTIONALLY OMITTED – Not applicable to affidavits of service.]
SECTION 6. DEFAULT & REMEDIES
[INTENTIONALLY OMITTED – Not applicable to affidavits of service.]
SECTION 7. RISK ALLOCATION
[INTENTIONALLY OMITTED – Not applicable to affidavits of service.]
SECTION 8. DISPUTE RESOLUTION
[INTENTIONALLY OMITTED – Any dispute regarding the sufficiency of Service will be resolved by the Court in the Case.]
SECTION 9. GENERAL PROVISIONS
9.1 Amendment. Any amendment to this Affidavit must be in writing, signed by Affiant, and filed with the Court.
9.2 Severability. If any provision of this Affidavit is held invalid, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
9.3 Counterparts / Electronic Signatures. This Affidavit may be executed in counterparts and may be signed electronically in accordance with Delaware Supreme Court Administrative Directive 2020-5 and the [COURT LEVEL] Court’s electronic filing guidelines.
[// GUIDANCE: Delaware courts accept e-signed affidavits when accompanied by a notarized jurat bearing the notary’s electronic seal. Verify the court’s latest e-filing rules before submission.]
SECTION 10. EXECUTION BLOCK
Affiant declares under penalty of perjury under the laws of the State of Delaware that the foregoing is true and correct.
Signed this ___ day of __, 20 at [CITY], [STATE].
[NAME OF AFFIANT], Affiant
Process Server Identification No. [__]
STATE OF __ )
) SS.:
COUNTY OF __ )
On this ___ day of __, 20, before me, the undersigned Notary Public, personally appeared [NAME OF AFFIANT], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and who being by me duly sworn did depose and say that the foregoing statements are true and correct to the best of his/her knowledge, information, and belief.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Public
My commission expires: ________
[SEAL]
[// GUIDANCE:
1. Service Methods – Paragraph 3.2(c) provides compliant options (personal, substitute, certified mail, or court-approved alternative).
2. Timing Requirements – Paragraph 3.3 references Delaware’s 120-day service window and 10-day mailing rules; confirm the rule number if the court amends its timeline.
3. Substitute Service – Paragraph 3.2(c)(2) incorporates the “person of suitable age and discretion” standard; add a brief physical description of the individual served (height, gender, hair color) in practice.
4. Attach proof (Exhibits A-C) whenever feasible—Delaware courts scrutinize contested service.
5. File the executed affidavit promptly via File & ServeXpress (Chancery/Superior) or the e-file system used by the court of record.
]