Delmar Process Servers

RETURN OF PROCESS in Delaware!

Written by Marcia B. | Feb 18, 2024 4:31:23 PM

The original process, whether it be an original writ, alias writ, or pluries writ, must be made returnable within a period of twenty days from the date of issuing the writ. However, in cases involving mandamus, the Court has the authority to declare, upon presentation of sufficient cause, that the writ shall be returnable within a shorter timeframe. Upon serving the process, the individual responsible for such service is required to promptly submit a return to the Court, following the guidelines established by Delaware Process Service, and in any circumstance, no later than the designated return day. In situations where Delaware Process Service cannot be served prior to the return day, it must be returned on the specified return day, accompanied by an explanation detailing the reasons for the unsuccessful service attempt. Unless an officer or deputy performs the service, the individual executing the service is obliged to provide a copy of their return. It should be noted that the failure to make a return or to provide evidence of service will not affect the validity of the Delaware Process Service.

In the event that a defendant is not served with a summons and complaint within one hundred and twenty days from the filing of the complaint, and the party requiring such Delaware Process Service fails to demonstrate justifiable cause for the delay within said period, the court, either at its own discretion with prior notice to the respective party or upon motion, shall dismiss the action as to that particular defendant without prejudice.