CHAPTER 329

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 374

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LITIGATION AND COURT PROCEDURE.

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

Section 1. Amend § 3104, Chapter 31 of Title 10 of the Delaware Code, striking subsections (b), (d), (e), (f), (g), and (h) and substituting in lieu thereof new subsections (b), (d), (e), (f), (g) and (h) to read as follows.

“(b) The following acts constitute legal presence within the State. Any person who commits any of the acts hereinafter enumerated thereby submits to the jurisdiction of the Delaware courts.

(d) When the law of this State authorizes service of process outside the state, the service, when reasonably calculated to give actual notice, may be made:

(1) By personal delivery in the manner prescribed for service within this State.

(2) In the manner provided or prescribed by the law of the place in which the service is made for service in that place in an action in any of its courts of general jurisdiction.

(3) By any form of mail addressed to the person to be served and requiring a signed receipt.

(4) As directed by a court.

(e) Proof of Service outside this State may be made by affidavit of the individual who made the service or in the manner provided or prescribed by the law of this State, the order pursuant to which the service is made, or the law of the place in which the service is made for proof of service in an action in any of its courts of general jurisdiction. When service is made by mail, proof of service shall include a receipt signed by the addressee or other evidence of personal delivery to the addressee satisfactory to the court.

(f) Service outside this State may be made by an individual permitted to make service of process under the law of this State or under the law of the place in which the service is made or who is designated by a court of this State.

(g) If service is made pursuant to subsection (d)(3) of this Section, the time in which defendant shall serve an answer shall be computed from the date of the mailing which is the subject of the return receipt or other official proof of delivery or the notation of refusal of delivery; provided, however, that the court in which the action is pending may, at any time before or after the expiration of the prescribed time for answering, order such continuances as may be necessary to afford the defendant therein reasonable opportunity to defend the action.

(h)(i) Proof of the defendant’s nonresidence and of the mailing and receipt or refusal of the notice shall be made in such manner as the court, by rule or otherwise, shall direct.

(ii) The return receipt or other official proof of delivery shall constitute presumptive evidence that the notice mailed was received by the defendant or the defendant’s agent; and the notation of refusal shall constitute presumptive evidence that the refusal was by the defendant or the defendant’s agent.”.

Section 3. Amend § 3112, Chapter 31 of Title 10 of the Delaware Code by deleting it in its entirety.

Section 4. Amend § 3113, Chapter 31 of Title 10 of the Delaware Code by deleting the phrase “3112” and substituting in lieu thereof the phrase “3104”.

Section 5. This Act shall become effective ninety (90) days after its enactment into law.

Approved July 9, 2008