CHAPTER 113

FORMERLY

SENATE BILL NO. 283

AN ACT TO AMEND CHAPTER 9, TITLE 10, DELAWARE CODE, RELATING TO THE FAMILY COURT OF THE STATE OF DELAWARE AND METHODS FOR ACQUIRING PERSONAL JURISDICTION OVER PARTIES.

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

Section 1. Amend Chapter 9, Title 10, Delaware Code, by adding thereto a new section, designated §979, reading as follows:

"§979. Obtaining Personal Jurisdiction Over a Party.

(a) Jurisdiction shall be acquired over a party in any civil action by transmitting to the party a copy of the summons and the petition or complaint (the papers) by any of the following methods:

(1) By personal service; or

(2) By leaving a copy at the party's dwelling house or usual place of abode with some person of suitable age and discretion residing there; or

(3) By any form of mail; or

(4) In the manner prescribed by court rule; or

(5) In the manner directed by the court, including publication, if other methods of service have failed or are deemed to have been inadequate.

(b) If a party to whom papers have been transmitted by ordinary mail shall fail to appear In the action and there shall be no reliable proof that such party has received notice thereof, then the court shall order that further effort be made to provide notice to that party which may include notice by certified or registered mail, or by any other method for providing notice specified in (a) above.

(c) Jurisdiction shall be acquired over a minor by any of the above methods directed to the minor and to the minor's parent, custodian or guardian.

(d) If, for any particular action, another statute or rule adopted pursuant to statute prescribes a method or methods for acquiring jurisdiction over a party, then jurisdiction shall be acquired thereby.

(e) It is not necessary to transmit papers or otherwise provide notice to a party who has entered an appearance in the action."

Section 2. This act shall become effective on the day it is enacted into law.

Approved July 7, 1981.