Delaware Code Title 13 Sec. 1508 – Obtaining jurisdiction over respondent
(a) After the filing of the petition, jurisdiction may be acquired over respondent in any of the following ways:
(1) By issuance of summons by the Clerk of the Family Court, and service thereof by the sheriff upon respondent, by delivering a copy of the summons, petition and any affidavit to respondent personally or by delivering copies thereof to an agent authorized by appointment or by law to receive service of process;
(2) By appearance of respondent, either personally or by executing and filing an appearance document in a form approved by the Court, with or without issuance of summons;
(3) By appearance of counsel for respondent, with or without issuance of summons;
(4) Under a court rule not inconsistent with this section.
Terms Used In Delaware Code Title 13 Sec. 1508
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Service of process: The service of writs or summonses to the appropriate party.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Summons: Another word for subpoena used by the criminal justice system.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) If the petition avers that it is unlikely that jurisdiction can be acquired over respondent except by mailing and publication, or by publication only, whether respondent is a resident or a nonresident of this State, jurisdiction may be acquired over respondent by mailing and publication, or by publication only, under subsection (d) of this section.
(c) If an effort has been made unsuccessfully to obtain jurisdiction over respondent as provided in subsection (a) of this section, then jurisdiction may be acquired over respondent by mailing and publication, or by publication only, under subsection (d) of this section.
(d) (1) When service is to be made upon respondent by mailing and publication, the Clerk of the Family Court shall do all of the following:
a. Send a copy of the summons, petition, and any affidavit to respondent by registered or certified mail, return receipt requested, to the address that petitioner had averred it is most likely that mail will be received by respondent.
b. Cause a notice in the form that the Court approves to be published on a legal notices website established by the Court or once in a newspaper of general circulation in the county where the action is pending.
(2) If petitioner has averred that he or she knows of no address where it is most likely that mail will be received by respondent there shall be no mailing.
(3) No further notice shall be required unless the Court, deeming the circumstances exceptional, requires further notice.
(e) [Repealed.]
(f) When the petition avers that respondent is a resident of this State, the summons shall be delivered to an officer for service in the county where it appears most likely that service can be effected on respondent.
(g) The expense of mailing and publication shall be taxed as part of the costs of the case.
(h) Original process, whether an original, alias or pluries writ, is returnable 20 days after the issuance of the writ, except that the Court by rule, or by order after application for cause shown, may provide that the writ be returnable sooner or later.
24 Del. Laws, c. 221, § ?10; Code 1915, § ?3013; Code 1935, § ?3506; 43 Del. Laws, c. 205, § ?1; 13 Del. C. 1953, § ?1512; 58 Del. Laws, c. 349, § ?10; 59 Del. Laws, c. 350, § ?1; 60 Del. Laws, c. 297, §§ ?6-9; 70 Del. Laws, c. 186, § ?1; 83 Del. Laws, c. 96, § 3;