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Praecipe Form 2

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Form 401
(Rev. 3/99)

The Family Court of the State of Delaware

In and For New Castle Kent Sussex County

In Re the Marriage Of

Petitioner,

and

Respondent.

File No.:

Petition No.:

TO: Clerk of Court - Divorce

PRAECIPE (Form 2)

PLEASE ISSUE SUMMONS.

Service of a copy of the summons and petition shall be effected upon respondent by delivering copies thereof to respondent, personally.

Date:

Attorney for Petitioner

Enter text

What Praecipe Form 2 Is and when it is used

Praecipe Form 2 is a short court filing used to request that a clerk take a specific ministerial action on a pending case, such as issuing a writ, scheduling a hearing, or entering a judgment. It typically identifies the case, the requesting party, and the relief requested in concise terms rather than through a full pleading. Courts use praecipe forms to speed clerical processes; the form is not a substitute for substantive motions when legal argument or evidentiary hearings are required.

Why Praecipe Form 2 matters in case processing

A correctly completed Praecipe Form 2 reduces clerk processing time and clarifies the exact administrative action requested, improving docket accuracy and avoiding clerical delays.

Why Praecipe Form 2 matters in case processing

Typical users and signatories for Praecipe Form 2

Parties, counsel, and court clerks commonly prepare or submit Praecipe Form 2 to obtain specific administrative actions from the clerk.

  • Trial Counsel — Attorneys preparing the filing on behalf of a party and certifying service or readiness for clerk action.
  • Pro Se Litigants — Individuals representing themselves who must follow local clerk rules and accurately identify the requested action.
  • Court Clerk Staff — Clerks who accept, docket, or execute the requested ministerial action after verifying form compliance.

Primary parts of a professional Praecipe Form 2

A professional Praecipe Form 2 is compact, clearly labeled, and contains the required identifiers so the clerk can act without ambiguity.

Caption

Court caption with court name, case number, and party names presented exactly as used in the docket to ensure the clerk locates the correct file.

Requested Action

A concise description of the exact clerical action requested (for example, 'issue writ of execution' or 'enter default judgment'), avoiding legal argument or new facts.

Supporting Citation

A short reference to the local rule, statute, or prior order authorizing the requested clerical step so the clerk understands the procedural basis.

Contact Information

Name, mailing address, phone, and email for the submitting party or counsel so the clerk can resolve deficiencies or confirm completion.

Certificate of Service

A statement showing how and when the other parties were served, including delivery method and date to satisfy service obligations.

Signature Block

Printed name, bar number if applicable, signature, and date; where required, include electronic signing metadata or notarization details.

Essential data elements and metadata to include

Case Number: Exact docket number
Party Names: Full legal party names
Requested Action: One-line description
Service Date: MM/DD/YYYY
Submitting Party: Name and role
Signature Date: MM/DD/YYYY

Step-by-step: filling and submitting Praecipe Form 2

A clear sequential workflow reduces clerk queries. Follow these steps in order before transmitting the form to the court.

  • 01
    Prepare Caption: Confirm court and docket identifiers match the case file.
  • 02
    State the Request: Write the specific clerical action in one sentence.
  • 03
    Complete Service Info: Record how and when other parties were served.
  • 04
    Sign and Submit: Sign, date, and file according to clerk rules.

Typical online workflow configuration for Praecipe Form 2

Configure your digital workflow to capture required fields, signer authentication, and an auditable trail before e-filing.

Field Configuration
Auto-fill Dates Enable automatic MM/DD/YYYY insertion for service and signature dates
Signer Authentication Use email + SMS code or stronger KBA for counsel or pro se signers
Audit Trail Record IP, timestamp, and action log for every signing event
Document Appearance Flatten final PDF to preserve signature integrity for court upload

Where Praecipe Form 2 is filed and how it moves through the clerk’s office

Understanding routing helps you choose the correct filing channel and estimate processing time.

  • Electronic Filing: Upload via court e-filing portal where available
  • In-Person Drop-off: Deliver to clerk counter when e-filing is not permitted
  • Clerk Review: Clerk checks for form completeness and docket match
  • Clerical Action: Clerk executes the requested ministerial step and files a clerk entry

Digital signing and submission considerations

Use an eSignature workflow that captures signer identity, timestamps, and an immutable audit trail before e-filing.

  • Formats Supported: PDF and DOCX accepted by most court portals
  • Authentication Options: Email, SMS, or stronger KBA depending on filing sensitivity
  • Audit Trail: IP, timestamp, and action log recommended

Common mistakes to avoid when preparing Praecipe Form 2

  • Using an incorrect caption or case number, which causes the clerk to file the document in the wrong case and delays processing.
  • Requesting substantive relief rather than a clerical action; praecipe is for ministerial steps and not a substitute for motions.
  • Failing to include a certificate of service or recording an incorrect service date, resulting in opposing counsel claiming lack of notice.
  • Submitting unsigned or improperly signed forms, or uploaded files without the associated audit certificate for electronic signatures.

Consequences of incorrect or deficient filings

Rejection: Clerk may refuse filing
Delay: Processing time extended
Sanctions: Court may impose fees
Default Risk: Missed procedural steps can cause default
Perjury Exposure: False service statements risk sanctions
Notarization Defect: Invalid notarization can void action

Typical timing and deadlines linked to Praecipe Form 2

Deadlines vary by court and case type; confirm local rules and calendar constraints before submission.

Filing Window:

Submit according to the court’s business hours or e-filing portal rules

Service Timing:

Serve opposing parties before or concurrent with submission as required by local rules

Clerk Processing:

Allow several business days for clerical review and docket entry

Objection Period:

If the clerk issues a notice, parties may have a short window to object

Hearing Scheduling:

If a hearing is triggered, expect scheduling delays based on court calendars

Real-world examples of Praecipe Form 2 use

The following short examples illustrate common, permissible uses of a praecipe to request ministerial clerk actions.

Default Entry Request

A plaintiff files a Praecipe Form 2 to ask the clerk to enter default after the defendant failed to answer.

  • The clerk confirms no answer on the docket.
  • The clerk enters default and attaches a docket entry; the plaintiff then follows local rules to seek default judgment through the appropriate motion or affidavit.

Writ Issuance

A judgment creditor submits a praecipe requesting issuance of a writ of execution following a final monetary judgment.

  • Supporting judgment details are cited.
  • Clerk issues the writ, records issuance on the docket, and returns a filed copy to the creditor for execution by the sheriff or levying officer according to state law.

Selected eSignature vendor comparison for Praecipe Form 2 workflows

Use this vendor snapshot to compare baseline pricing and common enterprise features relevant to e-signing, authentication, and HIPAA compliance for court-adjacent documents.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Trial available Trial available Trial available Trial available
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year No cap specified No cap specified No cap specified

Frequently asked questions on Praecipe Form 2 completion and electronic submission

Answers address common points of confusion, including signatures, filing channels, and recordkeeping for electronically executed praecipe forms.


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