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Summons With Instructions Form. This is a Delaware form and can be use in Superior Court Statewide.
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Tags: Summons With Instructions, Delaware Statewide, Superior Court
PROCEDURES FOR COMPLETING A STANDARD SUMMONS WRIT
The standard summons is the most commonly issued writ. The following
instructions apply to completing a summons:
1.
Enter the caption as it appears on the complaint in the upper left corner of
the form. If there are multiple defendants enter each defendant on a new
line. List the defendants down the left side of the document, using
additional pages if necessary (such as with an asbestos case) until the last
defendant is named. (Example of multi-defendant case is included as
document ASBSUM.SAM)
2.
Leave the Case Number blank. The Prothonotary's Office will assign a new
civil action number (C.A. No.) and fill in this line.
3.
Below the caption, on the line that reads "To the Sheriff of
____________________" enter New Castle, Kent or Sussex, depending
upon where the defendant resides. If there are multiple defendants residing
in more than one County, prepare an original writ for each County, along
with the copies for the defendants.
4.
In the paragraph body enter the name of the plaintiff's attorney on the
space just preceding the words "plaintiff's attorney." In the space following
"whose address is" enter the address of the plaintiff's attorney.
5.
Leave the date space blank. The Prothonotary's staff will date the document
the day it is issued and sent to the Sheriff's Office.
6.
Leave the "Per Deputy" space blank.
signature.
7.
NOTE: If you are filing in another County, the County name in the heading
and the Prothonotary's name should be changed to reflect the County and
Prothonotary where the case is being filed.
It is for a Prothonotary Deputy's
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SAMPLE
Revised 2/02
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
ABC TECH, INC.
a Delaware corporation,
Plaintiff,
v.
XYZ INVESTMENTS, L.P.,
a Delaware Limited Partnership
WILLIAM JONES,
FREDERICK SMITH,
Defendants.
)
C.A. No.
)
)
)
)
) SUMMONS
)
)
)
)
)
THE STATE OF DELAWARE,
TO THE SHERIFF OF NEW CASTLE 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 Larry Lawyer, Esquire,
plaintiff's attorney, whose address is 0000 Market Street, Wilmington, DE 19801, 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.
Dated:
SHARON AGNEW
Prothonotary
____________________________
Per Deputy
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.
SHARON AGNEW
Prothonotary
____________________________
Per Deputy
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SUMMONS
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR ____________________ COUNTY
Plaintiff,
v.
Defendant.
) C.A. No.
)
)
)
)
) SUMMONS
)
)
)
)
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 alegations of the complaint by affidavit, an affidavit of defense).
To serve upon defendant a copy hereof and of the complaint.
Dated:
Prothonotary
____________________________
Per Deputy
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
____________________________
Per Deputy
Rev:02/2002
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