Del. Ct. Com. Pl. Civ. R. 86

(a) Application of Rule. This Rule shall apply to petitions to have someone declared a habitual offender

pursuant to Chapter 28 of Title 21 of the Delaware Code.

(b) Commencement of action. The Attorney General shall initiate court proceedings to have someone

declared a habitual offender pursuant to 21 Del. C. § 2804 by filing a petition against the person in the

Court and in the County in which the person resides. In the case of a nonresident, the petition shall be

filed with the Court in New Castle County. A copy of the certified conviction record or abstract from the

Division of Motor Vehicle for the person against whom the petition has been filed shall accompany the

Attorney General’s petition along with a form Order to Show Cause.

(c) Order to Show Cause. Upon the filing of a petition by the Attorney General, the Court shall issue an

Order to Show Cause why the respondent shall not be declared a habitual offender together with a notice

for a date for the hearing to Show Cause. Said order and notice shall, then, be returned to the Attorney

General.

(d) Service of petition. The Attorney General shall serve the respondent with a copy of the petition, the

Order to Show Cause and the respondent’s driving record or abstract, along with the notice of the date

and time of the hearing to show cause, by personal delivery thereon or by deposit of such in the United

States mail in an envelope with postage prepaid, addressed to the respondent at the respondent’s address

as shown by the records of the Division of Motor Vehicles. This documentation sent by mail shall be

deemed served upon the expiration of 4 days after the deposit of the documentation into the United States

mail. Service on any nonresident of this State may be made pursuant to § 3112 of Title 10.

(e) Hearing. The hearing to show cause why the respondent shall not be declared a habitual offender shall

be heard by the Court without a jury in accordance with 21 Del. C. § 2806.