Short answer. Yes, most likely. Presumptive notice of a court setting requires that the notice appears on record to have been mailed at least twenty calendar days before the hearing if the addressee is within the same judicial region as the court, or at least thirty calendar days if outside it.

What the law says

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 calendar days prior to the scheduled date of hearing and if the addressee is from within the same judicial region of the court where the case is pending, or at least thirty calendar days if the addressee is from outside the judicial region.

Rule 13, Section 10 — Presumptive service. Read the full provision →

What 'presumptive notice' means

This rule does not deal with whether the addressee actually received or read the mailed notice. It sets up a presumption — that a party had notice of a court setting — based purely on the timing of the mailing as reflected on the record. Once the timing requirement is met, the notice is presumed to have reached the party in time for the hearing, whether or not it can later be shown that the party actually opened the envelope or read its contents.

The two timelines

The presumption depends on where the addressee is located relative to the court. If the addressee is within the same judicial region as the court where the case is pending, the notice must appear on the records to have been mailed at least twenty calendar days before the scheduled hearing date. If the addressee is outside that judicial region, the required lead time nearly doubles to at least thirty calendar days, reflecting the longer time mail realistically needs to travel further.

Why the record matters more than the mailbox

Because this is a presumption built on what the records show, the critical fact is not exactly when the notice was placed in the mail carrier's hands in some informal sense, but what date appears on the records as the mailing date. A notice mailed too close to the hearing date, even by a few days short of the twenty- or thirty-day mark, does not benefit from this presumption regardless of how quickly it might actually have arrived.

Consequence of missing the window

If the notice was mailed short of the required lead time for the addressee's location, the presumption of notice simply does not attach, and the party who was supposed to receive adequate advance notice may have solid grounds to question whether the hearing setting was properly and adequately communicated to them at all before the scheduled date actually arrived on the calendar.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.