SPONSOR:	Sen. Vaughn & Rep. Wagner & Rep. Keeley;
	Rep. Oberle

DELAWARE STATE SENATE

143rd GENERAL ASSEMBLY

SENATE BILL NO. 166

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SERVICE OF PROCESS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 3112 of Title 10 of the Delaware Code by adding the following subsections:

“(i) The provisions of this section are not jurisdictional and failure to comply with the provisions of this section shall not result in a dismissal by the Court. Instead, the plaintiff shall be entitled to an additional period of time as is determined by the Court to be reasonable under the circumstances to comply with the provisions of this section.

(j) If the nonresident driver has actual notice of the proceedings, the Court, upon motion, may waive compliance with this section and permit the matter to be heard on its merits.”

Section 2. Amend Chapter 31 of Title 10 of the Delaware Code by adding a new section 3115 to read as follows: "§3115. Alternative Methods for Serving Out of State Residents; service and return of Summons.

For Personal Service in a State of the United States:

(a) The party responsible for performing service on a nonresident of the State of Delaware may follow the same requirements which are set forth for serving an individual in the state of Delaware.

(b) Personal service in a state of the United States may be performed in the same manner as if the service were made within this State or by a public official who has the authority to serve civil process in the jurisdiction in which the service is made or by an individual qualified to practice law in this State or in the jurisdiction in which service is made.

(c) A summons may be served together with a copy of the complaint, on a nonresident of the state of Delaware by:

(1) the party’s attorney;

(2) the attorney's agent;

(3) any other competent adult not having a direct interest in the

litigation;

(4) the Sheriff; or

(5) a person specially appointed by the Court.”

SYNOPSIS

Section 1. 10 Del.C. 3112 requires that a non‑resident driver who was involved in an accident in Delaware and is made a defendant in a legal action receive adequate notice of that action. It has, however, too often resulted in the dismissal of valid claims when the technical provisions of the law are not followed. This amendment seeks to properly balance the legislative intent of the law by protecting both out‑of‑state residents' due process rights to timely notice of proceedings as well as the rights of injured victims. This amendment seeks to change the current law by allowing a plaintiff to have a reasonable period of time to comply with the technical requirements, instead of having the courts dismiss claims which have merit. Additionally, the onerous technical requirements of this section may be waived if the non‑resident driver has actual notice of the proceedings. Public policy favors giving litigants their opportunity to present their cases in court, rather than dismissing actions based on technicalities.

Section 2. This section seeks to add an alternative method for a plaintiff to serve an out‑of‑state resident who was involved in a motor vehicle accident in the state of Delaware. This amendment seeks to allow a plaintiff to serve a nonresident through similar means employed to serve someone in the State of Delaware. The amendment allows a plaintiff to perform service through the use of a sheriff, a person specially appointed by the Court, the plaintiff's attorney, an agent of the attorney or any competent adult who does not have any direct interest in the litigation. It gives the plaintiff the opportunity to perform service without first going through the courts. This bill was based upon the New Jersey Rules of Court, R. 4:4‑3 and 4:4‑4.

Author: Senator Vaughn