§ 3101. Date and return of writs commencing actions. Every writ used for the commencement of an action shall bear date on the day it was issued and shall be returnable on the day fixed by the rules of the court issuing the writ, or, if there be no such rule, on the day fixed […]
§ 3102. Payment of costs by nonresidents for issuance or execution of writs. No prothonotary, Register in Chancery, clerk of any court, or justice of the peace in this State shall be compelled to issue any writ or other original process in a civil action, or any writ of execution on any judgment, in favor […]
§ 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 […]
§ 3104. Personal jurisdiction by acts of nonresidents. (a) The term “person” in this section includes any natural person, association, partnership or corporation. (b) The following acts constitute legal presence within the State. Any person who commits any of the acts hereinafter enumerated thereby submits to the jurisdiction of the Delaware courts. (c) As to […]
§ 3105. Service and return of scire facias. In every case in which a writ of scire facias may by law be issued, it shall be served and returned in the same manner as is provided in case of an original summons. Code 1852, § 2241(a); Code 1915, § 4090; Code 1935, § 4581; 10 […]
§ 3106. Service of capias ad respondendum. A writ of capias ad respondendum is served by arresting the defendant, but the defendant shall be discharged upon giving sufficient bail. Code 1852, § 2242; Code 1915, § 4091; Code 1935, § 4582; 10 Del. C. 1953, § 3106; 70 Del. Laws, c. 186, § 1;
§ 3107. Arrest of nonresident on mesne process in suit by nonresident. It shall not be lawful, at the suit of any nonresident, to arrest and hold to bail on mesne process any person who is a nonresident of this State at the time of issuing such process against such person, for any debt contracted […]
§ 3108. Prerequisites for issuance of capias ad respondendum. (a) No writ of capias ad respondendum shall be issued against any citizen of this State, in any civil action, unless the plaintiff therein, or if there be more than 1, some 1 or more of the plaintiffs, has made a written affidavit, and filed the […]
§ 3109. Amicable actions. Any persons willing to become parties to an amicable action may enter into an agreement in writing for that purpose, either personally or by their agents or attorneys. On filing such agreement with the prothonotary, the prothonotary shall docket the action in the Superior Court, and from the time of such […]
§ 3110. Commencement of actions by attachment. Actions may be begun by attachment as provided in Chapter 35 of this title. Code 1915, § 4097; Code 1935, § 4588; 10 Del. C. 1953, § 3110;
§ 3111. Actions against corporations; service of process. (a) Actions may be brought against any corporation, at law or in chancery, by summons. Process may be served on the president, or head officer, if residing in the State, and if not, on any officer, director, or manager of the corporation. When a cause of action […]
§ 3113. Service of process on resident owner and operator of motor vehicles who depart from the State after an accident. Section 3104 of this title shall also apply to a resident who departs from the State subsequent to the accident or collision and remains absent therefrom for 30 days continuously, whether such absence is […]
§ 3114. Service of process on nonresident directors, trustees, members of the governing body or officers of Delaware corporations. (a) Every nonresident of this State who after September 1, 1977, accepts election or appointment as a director, trustee or member of the governing body of a corporation organized under the laws of this State or […]
