Delaware Code

10 Del. C. § 3103 (2026)

Service and return of summons

✓ current as of May 2026

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(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.

(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;

Notes of Decisions

Cited in 29 cases (12 in the last 5 years), 2009–2026 · leading case: Thorpe v. Little, 804 F. Supp. 2d 174 (D. Del. 2011).

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Thorpe v. Little, 804 F. Supp. 2d 174 (D. Del. 2011). “FRENCH STREET, WILMINGTON, DELAWARE, 19801, pursuant to 10 Del. C. § 3103(c). Plaintiff shall provide the court with copies of the complaint (D.”

Fieni v. Townsend, 221 F. Supp. 3d 528 (D. Del. 2016). · cites it 2× “” 10 Del. C. § 3103. The rules require personal service, and it was insufficient for plaintiff to mail her complaint to Dr.”

Robinson v. Phelps, 946 F. Supp. 2d 354 (D. Del. 2013). “FRENCH STREET, WILMINGTON, DELAWARE, 19801, pursuant to 10 Del. C. § 3103(c). Plaintiff shall provide the court with copies of the complaint (D.”

Fasano v. State of Delaware, Nat. Resources & Env't Control, Div. on Parks & Rec. (D. Del. 2024). · cites it 7× “4, 2019) (emphasis in original) (citing 10 Del. C. § 3103(a); (c)); see also Christianson v.”

Brooks v. Henderson (D. Del. 2022). · cites it 5× “§ 3103; Plaintiff fails to state a plausible claim that his revocation was unconstitutionally denied based on his mental disability in violation of the ADA; the lawsuit is barred for Plaintiff s failure to challenge his continued detainer in State Court or by federal habeas;…”

Laub v. Danberg, 979 A.2d 1111 (Del. 2009). “Thereafter, the defendants filed a motion to dismiss Laub's complaint on the grounds that Laub had failed to effectuate service on the Attorney General in compliance with 10 Del. C. § 3103(c). He also had failed to serve any of the individual defendants, except Commissioner…”

Rose v. Nichols (Del. Super. Ct. 2020). · cites it 4× “On October 22, 2019, Plaintiff supplemented the record as requested and alternatively asked this Court to deem service perfected under 10 Del. C. § 3103. 4. In supplementing the record, Plaintiff highlights that O’Rourke had retained and provided an address for Defendant, and…”

Grimes v. D.O.C. Comm'r (Del. Super. Ct. 2024). · cites it 4× “2 requirements of 10 Del. C. § 3103(c), and (2) to state a claim upon which relief can be granted due to Grimes’ failure to establish a clear right to the performance of a non-discretionary duty, and that he has no other remedy available.”

Gaz v. Delaware Div. of Motor Vehs. (Del. Super. Ct. 2026). · cites it 4× “The Defendants challenge the sufficiency of service of process because Gaz did not attempt to serve any of the persons required by 10 Del. C. § 3103(c). The Defendants argue that under Rule 4(f)(1)(IV), Gaz was also required to serve the chief executive officer for the State of…”

Susan Paitsel v. State of Delaware, Dep't of Labor (Del. Super. Ct. 2016). · cites it 3× “36 Namely, 10 Del.C. § 3103, for purposes of defining sufficiency of service of process or summons, list agencies and departments separately.”

Ward v. Delaware State Police (Del. Super. Ct. 2021). · cites it 3× “6 1 10 Del. C. § 3103(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…”

Markice Lincoln v. Delaware State Police (D. Del. 2026). · cites it 3× “10 Del. C. § 3103(c). And Rule 4(m) provides that a plaintiff has ninety days after the complaint is filed to serve the defendant.”

Show all 29 citing cases →

— 10 Del. C. § 3103(a) — 3 cases

Rose v. Nichols (Del. Super. Ct. 2020). “On October 22, 2019, Plaintiff supplemented the record as requested and alternatively asked this Court to deem service perfected under 10 Del. C. § 3103. 4. In supplementing the record, Plaintiff highlights that O’Rourke had retained and provided an address for Defendant, and…”

Brooks Witzke v. Bettina Ferguson (3rd Cir. 2020).

Fasano v. State of Delaware, Nat. Resources & Env't Control, Div. on Parks & Rec. (D. Del. 2024). “4, 2019) (emphasis in original) (citing 10 Del. C. § 3103(a); (c)); see also Christianson v.”

— 10 Del. C. § 3103(c) — 22 cases

Fasano v. State of Delaware, Nat. Resources & Env't Control, Div. on Parks & Rec. (D. Del. 2024). “4, 2019) (emphasis in original) (citing 10 Del. C. § 3103(a); (c)); see also Christianson v.”

Grimes v. D.O.C. Comm'r (Del. Super. Ct. 2024). “2 requirements of 10 Del. C. § 3103(c), and (2) to state a claim upon which relief can be granted due to Grimes’ failure to establish a clear right to the performance of a non-discretionary duty, and that he has no other remedy available.”

— 10 Del. C. § 3103(e) — 1 case

Richards v. Jones, 31 F. Supp. 3d 630 (D. Del. 2014).

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