Del. R. Civ. P. Super. Ct. Form 1

As amended through November 14, 2024

Form 1 - Process and appearance

(a) Summons.

________County
__________________ Plaintiff,
V.	No. ________ Civil Action, 19________.
Summons
__________________ Defendant.

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To summon the above named defendant so that, within 20 days after service hereof upon defendant, exclusive of the day of service, defendant shall serve upon __________________, plaintiff's attorney, whose address is __________________, an answer to the complaint (and, if the complaint contains a specific notation requiring the defendant to answer any or all allegations of the complaint by affidavit, an affidavit of defense).

To serve upon defendant a copy hereof and of the complaint.

______________

Prothonotary

Dated ________

To the Above Named Defendant:

In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiff's attorney named above an answer to the complaint (and, if the complaint contains a specific notation requiring the defendant to answer any or all allegations of the complaint by affidavit, an affidavit of defense), judgment by default will be rendered against you for the relief demanded in the complaint.

______________

Prothonotary

(b) Summons in divorce. - Repealed.

(d) Summons on appeal. First pleading by appellant. -

In the Superior Court of the State of Delaware ________________in and for ________County

________________________ Below,
Appellant,
V.	No. ________ Civil Action, 19________.
Summons on Appeal
________________________ Below,
Appellee.

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To summon the above named appellee so that, within 20 days after service hereof upon appellee, exclusive of the day of service, or if appellee has not been served, within 40 days after the date hereof, exclusive of such date, appellee shall serve upon _____________, appellant's attorney, whose address is ____________, an answer to the complaint.

To serve upon defendant a copy hereof and of the complaint.

______________

Prothonotary

Dated ________

To the Above Named Appellee:

In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, or if you have not been served, within 40 days after the date hereof, exclusive of such date, to serve on appellant's attorney named above an answer to the complaint, judgment by default will be rendered against you for the relief demanded in the complaint.

______________

Prothonotary

(e) Summons on appeal. First pleading by appellee. -

In the Superior Court of the State of Delaware ________________

in and for ________County

________________________ Below,
Appellant,
v.	No. ________ Civil Action, 19________.
Summons on Appeal
________________________ Below,
Appellee.

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To summon the above named appellee so that, within 20 days after service hereof upon appellee, exclusive of the day of service, or if appellee has not been served, within 40 days after the date hereof, exclusive of such date, appellee shall serve upon _____________________, appellant's attorney, whose address is ____________, a copy of the complaint.

______________

Prothonotary

Dated ________

To the Above Named Appellee:

In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, or if you have not been served, within 40 days after the date hereof, exclusive of such date, to serve on appellant's attorney named above a copy of your complaint, judgment will be rendered against you.

______________

Prothonotary

(f) Third-party summons by plaintiff.

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff and Third-
Party Plaintiff,
v.	No. ________ Civil Action
Defendant,	, 19________.
v. Summons
____________ Third-Party
Defendant.

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To summon the above named third-party defendant so that, within 20 days after service hereof, exclusive of the day of service, third-party defendant shall serve upon ________, attorney for plaintiff and third-party plaintiff and whose address is ________, and upon ________, attorney for the above named defendant and whose address is ________, an answer to the third-party complaint (and, if the third-party complaint contains a specific notation requiring the third-party defendant to answer any or all allegations of the third- party complaint by affidavit, an affidavit of defense) and an answer to the defendant's counterclaim.

To serve upon third-party defendant a copy hereof and of the third-party complaint and of the counterclaim.

______________

Prothonotary

Dated ________

To the Above Named Third-Party Defendant::

In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on the attorney for plaintiff and third-party plaintiff and on defendant's attorney, both named above, an answer to the third-party complaint (and, if the third-party complaint contains a specific notation requiring the third-party defendant to answer any or all allegations of the third-party complaint by affidavit, an affidavit of defense) and an answer to the counterclaim, judgment by default will be rendered against you for the relief demanded in the third-party complaint.

______________

Prothonotary

(g) Third-party summons by defendant -

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff,
	No. ________ Civil Action, 19________.
V.
____________ Defendant and Third-	Summons
Party Plaintiff,
V.
____________ Third-Party
Defendant.

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To summon the above named third-party defendant so that, within 20 days after service hereof, exclusive of the day of service, third-party defendant shall serve upon ________, plaintiff's attorney, whose address is ____, and upon ______, attorney for the above named defendant and third-party plaintiff and whose address is ________, an answer to the third-party complaint (and, if the third-party complaint contains a specific notation requiring the third-party defendant to answer any or all allegations of the third-party complaint by affidavit, an affidavit of defense) and an answer to the complaint of plaintiff.

To serve upon third-party defendant a copy hereof and of the third-party complaint and of the complaint.

______________

Prothonotary

Dated ________

To the Above Named Third-Party Defendant::

In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiff's attorney and on third-party plaintiff's attorney, both named above, an answer to the third-party complaint (and, if the third-party complaint contains a specific notation requiring the third-party defendant to answer any or all allegations of the third-party complaint by affidavit, an affidavit of defense) and an answer to the complaint of plaintiff, judgment by default will be rendered against you for the relief demanded in the third-party complaint.

______________

Prothonotary

(h) Mesne attachment (foreign or domestic). -

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff,	No. ________ Civil Action,.
	19________
V. Foreign
____________ Defendant , }
Attachment

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To attach the above named defendant by the real and personal property of defendant, viz:

(insert general description of property to be seized from plaintiff's affidavit), to hold for plaintiff's claim of $______, so that before the expiration of forty days (40) after the seizure of such property, exclusive of the date of the seizure, defendant shall serve upon __________________, plaintiff's attorney, whose address is __________________, an answer to the complaint (and, if the complaint contains a specific notation requiring the defendant to answer any or all allegations of the complaint by affidavit, an affidavit of defense).

To summon defendant's garnishees so that within twenty days (20) after service hereof upon them, respectively, exclusive of the day of service, they shall serve upon plaintiff's attorney whose address is above set forth, an answer, under oath, stating what property, rights and credits of defendant they have in their hands.

To serve on defendant's garnishees a copy hereof, of the complaint and of the affidavit, if any, on which this Writ issued.

______________

Prothonotary

Dated ________

To the Above Named Defendant::

In case of your failure within forty days of the date of attachment of your property or service upon garnishee, exclusive of the date of the seizure or service, to serve on plaintiff's attorney named above an answer to the complaint (and, if the complaint contains a specific notation requiring the defendant to answer any or all allegations of the complaint by affidavit, an affidavit of defense), judgment by default will be rendered against you for the relief demanded in the complaint.

To the Defendant's Garnishees:

You are required within twenty days after service hereof upon you, exclusive of the day of service, to serve on plaintiff's attorney above named, an answer, under oath, stating what property, rights and credits of defendant you have in your hands. In case of your failure to do so, you may be compelled by attachment.

______________

Prothonotary

(i) Domestic attachment. - Repealed. See Form (h).

(j) Capias. -

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff,	No. ________ Civil Action,
v.	19________.
____________ Defendant , }	Capias

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To take the above named defendant and keep him so that you may have him before this Court on or before the return day hereof to answer plaintiff's complaint.

To serve on defendant a copy hereof, of the complaint and of the affidavit on which this writ issued.

______________

Prothonotary

Dated ________

To the Above Named Defendant::

In case of your failure, within 20 days after your discharge on bail, exclusive of the day of discharge, to serve on plaintiff's attorney named above an answer to the complaint (and, if the complaint contains a specific notation requiring the defendant to answer any or all allegations of the complaint by affidavit, an affidavit of defense), judgment by default will be rendered against you for the relief demanded in the complaint.

______________

Prothonotary

(k) Certiorari.-

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff in Error,	No. ________ Civil Action,
v.	19________.
____________ Defendant in Error,	}
Certiorari

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To serve a copy hereof upon _______________

requiring the said ________ ________ to send up to this Court within 20 days from service hereof, a certified copy of the entire record and proceedings below.

______________

Prothonotary

Dated ________

(l) Citation in certiorari. -

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff in Error,	No. ________ Civil Action,
v.	19________.
	}
____________ Defendant in Error,
Citation in
Certiorari

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To cite the above named defendant in error so that, within 20 days after service hereof upon defendant in error, exclusive of the day of service, or if defendant in error has not been served, within 40 days after the date hereof exclusive of such date, defendant in error shall enter appearance herein.

______________

Prothonotary

Dated ________

To the Above Named Defendant in Error:

In case of your failure within 20 days after service hereof upon you, exclusive of the day of service, or if you have not been served, within 40 days after the date hereof, exclusive of such date, to enter appearance in this proceeding, the case will be heard without further notice.

______________

Prothonotary

(m) Replevin. -

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff,	No. ________ Civil Action,
	19________.
v.
____________ Defendant, }	Replevin

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

If the above named plaintiff indemnifies you therefor, to replevy from the above named defendant and deliver to plaintiff the following:

To summon defendant so that, within 20 days after service hereof upon defendant, exclusive of the day of service, defendant shall serve upon ____, plaintiff's attorney, whose address is ____________, an answer to the complaint.

To serve upon defendant a copy hereof and of the complaint.

______________

Prothonotary

Dated ________

To the Above Named Defendant in Error:

In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiff's attorney named above an answer to the complaint, judgment by default will be rendered against you for the relief demanded in the complaint.

______________

Prothonotary

(n) Habeas corpus. -

In the Superior Court of the State of Delaware ________________ in and for ________County

In the matter of the petition of	No. ________ Civil Action,
__________________________	19________.
}
	Habeas corpus

The State of Delaware,

To _______________________ :

You are Commanded:

To have __________________, who is allegedly detained in your custody, before the __________________ of the State of Delaware, __________________ at the County Court House at __________________, immediately after the receipt of this Writ; and to abide any order which the __________________ shall make concerning __________________;

And further, to certify fully in writing under oath the true cause of __________________ detention, and to have there a copy of all process or orders, if any, under which he is detained and also this Writ.

______________

Prothonotary

Dated ________

To the Above Named __________________:

In case of your failure to produce __________________ as above commanded, and fully to certify in writing under oath the true cause of __________________ detention, with a copy of all process or orders, if any, under which __________________ is detained, within 3 days after service hereof upon you if the place where he is detained is not more than 20 miles from the County Court House, or within 6 days if such place is more than 20 miles, you may be adjudged to be in contempt of court.

______________

Prothonotary

[Reverse Side of Writ]

State of Delaware SS.

________ County }

____________, Sheriff of ____________ County, deposes and says that he served personally upon ____________ the original Writ of Habeas Corpus of which the within is a true copy, by leaving the original Writ with ____________ on ______________, 19____.

Sworn to and subscribed before me, ________, 19____

______________

Prothonotary

(o) Mandamus. -

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff,	No. ________ Civil Action,
v.	19________.
____________ Defendant, }	Mandamus

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To summon the above named defendant so that, on or before the __________ day of __________ 19____, defendant shall serve upon __________, plaintiff's attorney, whose address is ____________, an answer to the complaint.

To serve on defendant a copy hereof and of the complaint.

______________

Prothonotary

Dated ________

To the Above Named Defendant:

In case of your failure, within the time directed above, to serve on plaintiff's attorney named above an answer to the complaint, judgment by default will be rendered against you for the relief demanded in the complaint.

______________

Prothonotary

(p) Sci. Fa. -

In the Superior Court of the State of Delaware ________________ in and for ________County

	No. ________ Civil Action,
____________ Plaintiff,	19________.
v. Scire Facias Sur in
____________ Defendant,	Record ________, Volume ________
Page ________. }

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To summon the above named defendant so that, within 20 days after service hereof upon defendant, exclusive of the day of service, defendant shall serve upon __________, plaintiff's attorney, whose address is __________, an answer to the complaint, and, if the complaint contains a specific notation requiring the defendant to answer any or all allegations of the complaint by affidavit, an affidavit of defense.

To serve upon defendant a copy hereof and of the complaint.

______________

Prothonotary

Dated ________

To the Above Named Defendant in Error:

In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiff's attorney named above an answer to the complaint, and, if the complaint contains a specific notation requiring the defendant to answer any or all allegations of the complaint by affidavit, an affidavit of defense, judgment by default will be rendered against you for the relief demanded in the complaint.

______________

Prothonotary

(q) Sci. Fa. Sur Mech. Lien. -

In the Superior Court of the State of Delaware ________________ in and for ________County

____________ Plaintiff,	No. ________
v.	Civil Action, 19________.
____________ Defendant,	Scire Facias Sur
Mechanics Lien }

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To summon the above named defendant so that, within 20 days after service hereof upon the defendant, exclusive of the day of service, the defendant shall serve on __________, plaintiff's attorney, whose address is __________, an answer to the complaint and an affidavit of defense.

To serve on defendant a copy hereof and of the complaint.

______________

Prothonotary

Dated ________

To the Above Named Defendant:

In case of your failure, within 20 days after service hereof upon you, exclusive of the day of service, to serve on plaintiff's attorney named above an answer to the complaint and an affidavit of defense, judgment by default will be rendered against you for the relief demanded in the complaint.

______________

Prothonotary

(r)Citation on appeal under Rule 72(e). -

In the Superior Court of the State of Delaware ________________ in and for ________County

_________________________,	No. ________ Civil Action,
V.	19________.
_________________________,	Citation on Appeal from
}

The State of Delaware,

To the Sheriff of ________ County:

You are Commanded:

To cite __________________________________________________________________

________________________________________________________________________

so that, within 20 days after service hereof upon the Custodian of its records, exclusive of the day of service, the Custodian shall send to this Court a certified copy of the record of the proceedings below, including a typewritten copy of the evidence (unless all parties having an interest in the outcome of the appeal shall file with the ________ within 10 days from the filing of the notice of appeal, a written stipulation that the evidence may be omitted as a part of the record, in which case the stipulation shall be included as a part of the record), together with this citation.

______________

Prothonotary

Dated ________

(s) Notice of appearance.- -

In the Superior Court of the State of Delaware ________________ in and for ________County

_________________________ }	No. ________ Civil Action,

v.	19________.
_________________________ }

The Prothonotary will enter my appearance for
__________________________________________________________________________________
	Address
To
______________	____________, 19 ______
Prothonotary

(t) Subpoena. -Repealed.

(u) Attachment for contempt. -

In the Superior Court of the State of Delaware ________________ in and for ________County

The State of Delaware,

To the Sheriff of __________ County:

You are Commanded:

To attach _______

if ____________ shall be found in your Bailiwick, so that you have __________ before the Superior Court, at ____________, on ____________ 19____, to answer unto the Court of a certain contempt by ____________ committed, and further to abide and perform such order as the Court shall enter.

______________

Prothonotary

Dated ________

Del. R. Civ. P. Super. Ct. Form 1