Rule 5. Service and filing of pleadings and other papers

(a) Service: When required. -- Except as otherwise provided in these Rules, every pleading subsequent to the original complaint, unless the Court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the Court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties by the filing party. Every order required by its terms to be served shall be served upon each of the parties by the Court. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(aa) Except as otherwise provided by statute, a defendant may appear although a summons has not been served upon the defendant. Appearance may be made by the service and filing of notice thereof, or by the service or filing of any motion or pleading purpor Appearance: When; how made; withdrawal. -- Except as otherwise provided by statute, a defendant may appear although a summons has not been served upon the defendant. Appearance may be made by the service and filing of notice thereof, or by the service or filing of any motion or pleading purporting to be responsive to, or affecting the complaint, except that appearance for purpose of satisfying a judgment, when appearance may be made by notation thereof on the judgment docket.

(2) Appearance of garnishee: When; how made. -- Any garnishee duly summoned (either on attachment in lieu of summons or execution process) shall file with the Court an answer within 20 days after service of process which shall specify what goods, chattels, rights, credits, money or effects of a defendant, if any, the garnishee has in its possession or custody. Within 10 days after service of such answer, the plaintiff may serve objections. If no objections are filed, a delivery to the constable of the property set forth in the answer by the garnishee, or so much of it as shall satisfy plaintiff's demand, shall be a complete discharge of the garnishee in the proceedings, and the constable shall make a supplemental return on the writ showing the property which has been delivered to the constable by the garnishee and shall hold such property subject to the order of the Court. If the garnishee does not deliver such property to the constable within five (5) days after the expiration of the ten (10) day period for plaintiff's objections, if any, or if the garnishee has failed to answer, the plaintiff, on motion, may have personal judgment entered against the garnishee in favor of plaintiff in an amount equal to the value of the property of defendant in garnishee's custody or possession, or the amount of the plaintiff's judgment, whichever is less, with interest and costs. Before service of any writ of attachment, the Court shall receive from the plaintiff the sum of $20 for each party to be summoned as garnishee (except as to garnishment covered by the terms of 10 Del. C. { 4913) and said sum shall be delivered to each garnishee when the summons is served. The return on the writ of garnishment will show the garnishee fee paid, which will be taxed as costs in the case; no garnishee will be required to answer without first having received the garnishee fee.

(b) Service of pleadings and papers: How made. -- Service shall be made upon a party unless a party is represented by an attorney in which case the service shall be made upon the attorney. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the attorney's or party's last known address. Delivery of a copy with this Rule means: handing it to the attorney or to the party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

(c) Omitted.

(d) Filing. -- All papers after the complaint required to be served upon a party shall be filed with the Court unless otherwise ordered by the Court.

(e) Filing with the Court defined. -- The filing of papers with the Court as required by these rules shall be made by filing them with the clerk. Papers may be filed by facsimile transmission or electronically if permitted by these Rules, by administrative order, or by a judge.

(f) Proof of service of papers. -- Pleadings required to be served by the party filing the paper shall also be filed with the Court and shall include proof of service upon the other party or the attorney of the other party. Such proof shall consist of a return receipt when service has been made by certified mail, a certificate of mailing, an affidavit stating that service has been made and how such service has been made, or as authorized by Rule 111(c)(5).

(g) Sealing of Court records. -- Sealing of Court records may be ordered by the Court consistent with statute or administrative directive.