Delaware Code Title 10 Sec. 3103 – Service and return of summons
(a) A writ of summons may be served on the defendant in the manner prescribed by any rule of court, or by stating the substance of it to the defendant personally, or by leaving a copy of it at the defendant’s usual place of abode, in the presence of some adult person, 6 days before the return thereof.
Terms Used In Delaware Code Title 10 Sec. 3103
- adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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) The officer serving a summons shall state the officer’s return the time and manner of service.
(c) No service of summons upon the State, or upon any administrative office, agency, department, board or commission of the state government, or upon any officer of the state government concerning any matter arising in connection with the exercise of his or her official powers or duties, shall be complete until such service is made upon the person of the Attorney General or upon the person of the State Solicitor or upon the person of the Chief Deputy Attorney General.
Code 1852, §§ ?2238, 2239; Code 1915, § ?4087; Code 1935, § ?4578; 10 Del. C. 1953, § ?3103; 59 Del. Laws, c. 159, § ?1; 70 Del. Laws, c. 186, § ?1;