Rule 5. Service and filing of pleadings and other papers

(a) Service: When required. -- Except as otherwise provided in these Rules, every pleading

subsequent to the original complaint, unless the Court otherwise orders because of numerous

defendants, every paper relating to discovery required to be served upon a party unless the

Court otherwise orders, every written motion other than one which may be heard ex parte, and

every written notice, appearance, demand, offer of judgment, and similar paper shall be served

upon each of the parties by the filing party. Every order required by its terms to be served shall

be served upon each of the parties by the Court. No service need be made on parties in default

for failure to appear except that pleadings asserting new or additional claims for relief against

them shall be served upon them in the manner provided for service of summons in Rule 4.

(aa)Except as otherwise provided by statute, a defendant may appear although a summons

has not been served upon the defendant. Appearance may be made by the service and filing of

notice thereof, or by the service or filing of any motion or pleading purpor Appearance: When;

how made; withdrawal. -- Except as otherwise provided by statute, a defendant may appear

although a summons has not been served upon the defendant. Appearance may be made by the

service and filing of notice thereof, or by the service or filing of any motion or pleading

purporting to be responsive to, or affecting the complaint, except that appearance for purpose

of satisfying a judgment, when appearance may be made by notation thereof on the judgment

docket.

defendant may appear

although a summons has not been served upon the defendant. Appearance may be made by the

service and filing of notice thereof, or by the service or filing of any motion or pleading

purporting to be responsive to, or affecting the complaint, except that appearance for purpose

of satisfying a judgment, when appearance may be made by notation thereof on the judgment

docket.

(2) Appearance of garnishee: When; how made. -- Any garnishee duly summoned

(either on attachment in lieu of summons or execution process) shall file with the Court an

answer within 20 days after service of process which shall specify what goods, chattels, rights,

credits, money or effects of a defendant, if any, the garnishee has in its possession or custody.

Within 10 days after service of such answer, the plaintiff may serve objections. If no

objections are filed, a delivery to the constable of the property set forth in the answer by the

garnishee, or so much of it as shall satisfy plaintiff's demand, shall be a complete discharge of

the garnishee in the proceedings, and the constable shall make a supplemental return on the

writ showing the property which has been delivered to the constable by the garnishee and shall

hold such property subject to the order of the Court. If the garnishee does not deliver such

property to the constable within five (5) days after the expiration of the ten (10) day period for

plaintiff's objections, if any, or if the garnishee has failed to answer, the plaintiff, on motion,

may have personal judgment entered against the garnishee in favor of plaintiff in an amount

equal to the value of the property of defendant in garnishee's custody or possession, or the

amount of the plaintiff's judgment, whichever is less, with interest and costs. Before service of

any writ of attachment, the Court shall receive from the plaintiff the sum of $20 for each party

to be summoned as garnishee (except as to garnishment covered by the terms of 10 Del. C

aintiff in an amount

equal to the value of the property of defendant in garnishee's custody or possession, or the

amount of the plaintiff's judgment, whichever is less, with interest and costs. Before service of

any writ of attachment, the Court shall receive from the plaintiff the sum of $20 for each party

to be summoned as garnishee (except as to garnishment covered by the terms of 10 Del. C. {

4913) and said sum shall be delivered to each garnishee when the summons is served. The

return on the writ of garnishment will show the garnishee fee paid, which will be taxed as costs

in the case; no garnishee will be required to answer without first having received the garnishee

fee.

(b) Service of pleadings and papers: How made. -- Service shall be made upon a party

unless a party is represented by an attorney in which case the service shall be made upon the

attorney. Service upon the attorney or upon a party shall be made by delivering a copy to the

attorney or party or by mailing it to the attorney or party at the attorney's or party's last known

address. Delivery of a copy with this Rule means: handing it to the attorney or to the party; or

leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if

there is no one in charge, leaving it in a conspicuous place therein; or if the office is closed or

the person to be served has no office, leaving it at the person's dwelling house or usual place of

abode with some person of suitable age and discretion then residing therein. Service by mail is

complete upon mailing.

(c) Omitted.

(d) Filing. -- All papers after the complaint required to be served upon a party shall be filed

with the Court unless otherwise ordered by the Court.

is closed or

the person to be served has no office, leaving it at the person's dwelling house or usual place of

abode with some person of suitable age and discretion then residing therein. Service by mail is

complete upon mailing.

(c) Omitted.

(d) Filing. -- All papers after the complaint required to be served upon a party shall be filed

with the Court unless otherwise ordered by the Court.

(e) Filing with the Court defined. -- The filing of papers with the Court as required by these

rules shall be made by filing them with the clerk. Papers may be filed by facsimile

transmission or electronically if permitted by these Rules, by administrative order, or by a

judge.

(f) Proof of service of papers. -- Pleadings required to be served by the party filing the

paper shall also be filed with the Court and shall include proof of service upon the other party

or the attorney of the other party. Such proof shall consist of a return receipt when service has

been made by certified mail, a certificate of mailing, an affidavit stating that service has been

made and how such service has been made, or as authorized by Rule 111(c)(5).

(g) Sealing of Court records. -- Sealing of Court records may be ordered by the Court

consistent with statute or administrative directive.