Application for Special Process Server
Notice of Special Process Server
Designated Special Process Server FAQ
- If you would like to use a Special Process Server, you will need to file with Family Court a Notice of Special Process Server (Form 593). For more information on Special Process Servers in Family Court, please review the Designated Special Process Server FAQ.
- The proper forms, including the Petition, Answer, and summons forms, must be filed in the Family Court and a case number assigned to the case. All filing fees must have been paid or waived by a judicial officer granting a Request to Proceed in Forma Pauperis. The summons forms must be signed by a Court official. Once these forms have been processed and upon the Court’s receipt of Form 593, the Court will prepare a service packet. The Service Packet will include all the documents that must be served upon the respondent. The Service Packet may not be immediately available. The Court will notify you when the Service Packet is ready to be picked up by or emailed to you.
- A Petitioner wishing to use a special process server may only use a business or individual who has been designated by the Chief Judge of Family Court as a special process server for all cases filed in Family Court. The special process server is not an officer of the court and does not have an official function with Family Court.
- Designation as a special process server in Family Court must be regularly renewed. Renewals will be due by April 1st each year beginning in 2025. The special process servers are responsible for renewing by filing an updated application with the Court through email at: FC_CaseflowUnit@delaware.gov.
- Family Court will maintain a list of all designated special process servers and will make the list available on its website.
- Special process servers must perform personal service of the Family Court documents in a businesslike manner in accordance with all applicable statues, rules of procedure, and Family Court policies and procedures regarding personal service.
- Special process servers must return personally "served" documents to the Family Court location noted on the documents no later than three (3) days following such service except forthwith summonses and subpoenas, which must be returned immediately to the Court.
- Special process servers must return documents bearing no scheduled hearing or trial date information to the Family Court location noted on the document no later than thirty (30) days from pick-up, whether served or non-est.
- Special process servers must return documents bearing a hearing date to the Family Court location noted on the document at least four (4) business days prior to the hearing date, whether served or non-est.
- Special process servers must accurately, completely, and legibly provide to the court the requisite information on each document relative to service, including the process server's signature and date and time of service and the signature of the person accepting service if required.
- Payments related to the serving of process in cases filed in Family Court will come from the parties utilizing the special process servers. Neither the State of Delaware nor Family Court is responsible for payments or for any other matters related to services provided by special process servers in any capacity.
- Special process servers must be at least 18 years of age or older.
- Special process servers may not serve process or a subpoena in any case in which they or their spouse is a party, has a financial interest in the case, or is otherwise involved. Additionally, a process server may not serve any documents in a case involving a relative of either the process server or the server's spouse.