PRESUMPTIVE SERVICE (RULE 13, SECTION 10)
New Rule:
Section 10. Presumptive Service – There shall be presumptive notice to a party of a
court setting if such notice appears on the records to have been mailed at least twenty
(20) calendar days prior to the scheduled date of hearing and if the addressee is from
within the judicial region, or at least thirty (30) calendar days if the addressee is from
outside the judicial region.
Comment:
This is the institutionalization of court’s practice recognizing service even without
registry return receipts under the presumption of regularity of official functions by the
postal service. The Supreme Court has recognized the speed limitations of the postal
service.