I filed a petition for special relief and received an order of Rule returnable by a certain date. I immediately mailed a copy of the rule and petition to my unrepresented opposing party. If there is no response how do i file a motion to make the rule absolute? I can find no sample on line. In addition rule 440 states that service can be via USPS mail and service is considered complete upon mailing. However all mail I have sent in the past comes back refused. What happens if the petition and Rule come back refused?
1 Answer from Attorneys
If the certified mail come comes back as refused and you sent the same thing regular mail then it's good service.
For a rule absolute you make an order from the court and file that indicating they hadn't responded to the rule.