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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-250/3039/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040)›§ 3039 - Availability
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3039 - Availability
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The Registry shall be public and shall be electronically available in the Department of Justice and through the Internet.
History —Jan. 1, 2003, No. 1, § 6, eff. 180 days after Jan. 1, 2003.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-250/3040/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040)›§ 3040 - Budget
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3040 - Budget
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The funds for the operation of this Registry shall proceed from the budget of the Department of Justice.
History —Jan. 1, 2003, No. 1, § 8, eff. 180 days after Jan. 1, 2003.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3074/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3074 - Taxpayer’s suit prohibited
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3074 - Taxpayer’s suit prohibited
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The action known in equity as “taxpayer’s suit” is hereby prohibited.
History —Feb. 25, 1946, No. 2, p. 6, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3075/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3075 - Taxpayer’s suit prohibited—Jurisdiction of courts
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3075 - Taxpayer’s suit prohibited—Jurisdiction of courts
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No court of Puerto Rico shall have jurisdiction to take cognizance, or, if an action has been already instituted, continue to take cognizance, whether in first instance or on appeal, of any action or proceeding in which the validity or constitutionality of any Act or Resolution of the Legislature of Puerto Rico, or any act of a public official authorized by law of the Legislature of Puerto Rico, is challenged, when the plaintiff alleges in such action or proceeding no other interest or other capacity to sue, than that of being a taxpayer or of representing taxpayers as a class, and that as such, he sustains or may sustain damages by virtue of said Act, Resolution, or act.
History —Feb. 25, 1946, No. 2, p. 6, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3076/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3076 - Taxpayer’s suit prohibited—Effect on other laws
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3076 - Taxpayer’s suit prohibited—Effect on other laws
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The provisions of §§ 3074-3076 of this title shall not prejudice in any manner the right of any taxpayer to the remedies provided for in the tax laws in force in Puerto Rico; in the Act which creates the Tax Court of Puerto Rico; and in Act Apr. 25, 1931, No. 47, of this title, provided the actions established under said law are not in conflict with the provisions of §§ 3074-3076 of this title; Provided, That no writs of injunction or restraining orders shall be issued in violation of the provisions of §§ 3074-3076 of this title in any proceedings brought under said law of this title.
History —Feb. 25, 1946, No. 2, p. 6, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3077/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3077 - Claims and suits against the Commonwealth; authorization
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3077 - Claims and suits against the Commonwealth; authorization
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Authorization is hereby granted to sue the Commonwealth of Puerto Rico before the Court of First Instance of Puerto Rico for the causes set forth in the following actions:
(a) Actions for damages to persons or property up to the sum of seventy-five thousand dollars ($75,000) caused by a culpable or negligent action or omission of any official, agent or employee of the Commonwealth or of any other person acting in an official capacity within the scope of his/her duty, office or employment; or actions for damages for alleged actions of medical and hospital malpractice of the healthcare professionals working in the areas of obstetrics, orthopedics, general surgery or trauma exclusively at public health institutions of the Commonwealth of Puerto Rico, its agencies, instrumentalities and/or municipalities, regardless of whether said institutions are being administered or operated by a private entity. When because of said action or omission damages are caused to more than one person or when there are several causes of action to which a single injured party is entitled, the compensation for all damages caused by said action or omission may not exceed the sum of one hundred and fifty thousand dollars ($150,000). If the court determines that the sum of the damages caused to each of the persons exceeds one hundred and fifty thousand dollars ($150,000), the court shall proceed to distribute said sum prorated among the plaintiffs, taking as basis the damages suffered by each one. When an action is filed against the Commonwealth for damages to the person or to the property, the court shall order, through the publication of edicts in a newspaper of general circulation, that all persons that may have a common interest be notified that they must appear before the court on the date set forth in the edicts so as to jointly proceed to distribute the amount of one hundred and fifty thousand dollars ($150,000) among the plaintiffs, as provided in §§ 3077—3092a of this title.
(b) Actions to recover real or personal property or an interest therein, with or without compensation for damages sustained by said property or on account of revenues or profits therefrom and for the demarcation of rural property.
(c) Civil actions in which the amount claimed does not exceed seventy-five thousand dollars ($75,000) in principal and which are based on the Constitution or on any law of Puerto Rico, or on any regulation of any department or division of the Commonwealth, or on any contract, express or tacit with the Commonwealth.
No authorization is granted to sue the Commonwealth of Puerto Rico, its agencies, instrumentalities and municipalities when, because of errors product of incorrect information obtained through a computer system, a contract is cancelled or actions are taken pursuant to the same, such as requiring documentation. To those ends, immunity shall be granted when errors attributable to mechanical malfunction or some atmospheric phenomenon, act of vandalism or computer virus (sequence of instructions introduced in the memory of a computer so that when processed it makes for the anomalous functioning of the machine). The immunity herein granted does not exempt from liability for claims related to the cybernetic problem of the year 2000.
—June 29, 1955, No. 104, p. 550, § 2; June 30, 1965, No. 111, p. 312, § 1; Sept. 25, 1983, No. 30, p. 434, § 1; Oct. 5, 1999, No. 309, § 1; Aug. 24, 2004, No. 229, § 1; Aug. 23, 2005, No. 62, § 2; Dec. 5, 2006, No. 260, § 2; June 27, 2011, No. 103, § 2.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3077a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3077a - Claims and suits against the Commonwealth—Notices
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3077a - Claims and suits against the Commonwealth—Notices
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(a) Every person who has a claim of any kind against the Commonwealth of Puerto Rico for damages to persons or property, caused by a culpable or negligent act of said Commonwealth, shall present to the Secretary of Justice a written notice stating in a clear and concise manner, the date, place, cause and general nature of the damages suffered, the names and addresses of witnesses, and the address of the claimant, and the place where he received first aid medical treatment.
(b) Said notice shall be delivered to the Secretary of Justice by registered mail or personally, or in any other authentic way recognized by law.
(c) The said written notice shall be presented to the Secretary of Justice within the ninety (90) days following the date in which the claimant became aware of the damages claimed. If the claimant is mentally or physically incapacitated for making said notice within the prescribed term, he shall not be subject to the above limitation but must serve said notice within the thirty (30) days following the date in which the incapacity ceases.
(d) If the aggrieved were a minor, or a person subject to guardianship, the person exercising the patria potestas or custody of the minor, as the case may be, shall be bound to notify the claim within the ninety (90) days following the date in which he became aware of the damages claimed. The foregoing shall not be an obstacle for the minor or person subject to guardianship to serve said notice within the prescribed term on his own initiative, if the person exercising the patria potestas or custody, or guardianship, fails to do so.
(e) No judicial action of any kind may be brought against the Commonwealth of Puerto Rico for damages caused by a culpable or negligent act of the Commonwealth, unless the written notice has been served in the form and manner and within the terms prescribed in this section, unless there is just cause therefor. This provision shall not be applicable to those cases in which the liability of the Commonwealth is covered by an insurance policy.
(f) This section shall not modify in any way, for those claimants who fulfil its provisions, the statute of limitation established by subsection (2) of § 5298 of Title 31.
History —June 29, 1955, No. 104, p. 550, added as § 2A on June 24, 1966, No. 121, p. 377, § 1, eff. 90 days after June 24, 1966.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3078/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3078 - Claims and suits against the Commonwealth—Counterclaims, intervention, and third-party proc...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3078 - Claims and suits against the Commonwealth—Counterclaims, intervention, and third-party proceedings
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The authorization herein granted includes that necessary for taking cognizance of any counterclaim, reciprocal claim or other pertinent plea which the Commonwealth may enter in its own defense, and it also includes the proceedings of intervention and of third-party litigants, for or against the Commonwealth, whether on petition of the latter or of other litigant.
History —June 29, 1955, No. 104, p. 550, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3079/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3079 - Claims and suits against the Commonwealth—Taxes, condemnation, and other special proceeding...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3079 - Claims and suits against the Commonwealth—Taxes, condemnation, and other special proceedings; agencies, instrumentalities, and public corporations
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Nothing in §§ 3077-3092a of this title and § 5142 of Title 31 shall affect actions on recovery or reimbursement of taxes, on condemnations, or on any other matter covered by specific legislation, which actions shall continue to be conducted under the laws applicable. The provisions of such sections shall also apply to those agencies, instrumentalities, and independent public corporations whose power to sue and be sued is not provided by other laws.
History —June 29, 1955, No. 104, p. 550, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3080/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3080 - Claims and suits against the Commonwealth—Procedure
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3080 - Claims and suits against the Commonwealth—Procedure
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The summons and all subsequent proceedings shall be governed by the provisions of the Rules of Civil Procedure except that in every case the Secretary of Justice shall also be summoned at the start of the action.
History —June 29, 1955, No. 104, p. 550, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3081/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3081 - Claims and suits against the Commonwealth—Unauthorized activities
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3081 - Claims and suits against the Commonwealth—Unauthorized activities
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Nothing that is provided in §§ 3077-3092a of this title shall authorize suits for damages against the Commonwealth for any act or omission of an official, police officer or employee:
(a) In enforcing a law or regulation, even if the said law or regulation proves to be invalid.
(b) In the discharge of a function of a discretional nature, even when there has been an abuse of discretion.
(c) In the levying and collecting of taxes.
(d) Which constitutes assault, battery, or any other offense against the person, unlawful imprisonment, unlawful arrest, malicious persecution, slander, libel, defamation, misrepresentation, or imposture.
(e) Which occurred outside the territorial jurisdiction of the Commonwealth.
(f) In the performance of combat operations of the air, naval, or military forces in times of war, invasion, rebellion or any other emergency duly declared as such by the pertinent authorities. Provided, That the Commonwealth shall enjoy the same immunity granted by this section for combat operations of the air, naval, and military forces of Puerto Rico, specifically including, but without it being limited thereto, the Puerto Rico National Guard, when these forces are partially or entirely mobilized or used by the pertinent authorities to act in support of public security forces, specifically including, but not limited to, the Puerto Rico Police, in operations to fight crime and drug trafficking, or to maintain or reestablish public safety whenever it is jeopardized for any reason, including, but not limited to, crime and drug trafficking.
(g) In the performance of unofficial work by members of the police force, even though they are authorized by the Superintendent of Police; where the Commonwealth has not been negligent, pursuant to the powers conferred on him/her by § 3101 et seq. of Title 25.
History —June 29, 1955, No. 104, p. 550, § 6; July 31, 1993, No. 36, § 1; Dec. 10, 1999, No. 337, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3082/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3082 - Claims and suits against the Commonwealth—Satisfaction of judgments; claims exceeding speci...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3082 - Claims and suits against the Commonwealth—Satisfaction of judgments; claims exceeding specified amounts
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The Commonwealth shall promptly settle any judgment against it up to the maximum set forth in § 3077 of this title. If the judgment involves the payment of a sum of money and it is not possible to do so because there are no funds for such purpose in the current budget, the proper appropriation of funds for payment thereof shall be made in the part of the general budget of expenses for the following year, for the pertinent department or agency.
History —June 29, 1955, No. 104, p. 550, § 7; Sept. 25, 1983, No. 30, p. 434, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3083/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3083 - Claims and suits against the Commonwealth—Statute of limitation; interest; punitive damages...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3083 - Claims and suits against the Commonwealth—Statute of limitation; interest; punitive damages; costs; actions to which applicable; compromise; effect of judgment
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The statute of limitations fixed in the applicable laws shall prevail for the actions authorized herein. A judgment against the Commonwealth shall in no case include the payment of interest for any period prior to the judgment nor grant punitive damages. The levying of costs shall be governed by regular procedures. The Commonwealth may, with the approval of the court, settle any claim against it, once the action has been instituted.
The judgment entered in any action authorized by §§ 3077-3092a of this title shall preclude any other action on the part of the claimant by reason of the same issue or matter against the official, agent, or employee whose act or omission gave rise to the action; and a judgment against the official, agent, or employee shall, likewise, preclude any action against the Commonwealth.
History —June 29, 1955, No. 104, p. 550, § 8; June 11, 1957, No. 30, p. 59; Sept. 25, 1983, No. 30, p. 434, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3084/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3084 - Claims and suits against the Commonwealth—Small claims, administrative approval of
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3084 - Claims and suits against the Commonwealth—Small claims, administrative approval of
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Any action against the Commonwealth for a sum not in excess of one thousand (1,000) dollars may be approved administratively after the due investigation and favorable recommendation of the executive head of the pertinent department or agency, with the approval of the Secretary of Justice and the Secretary of the Treasury, who are hereby authorized to promulgate rules and forms for the administrative handling of such claims.
History —June 29, 1955, No. 104, p. 550, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3085/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3085 - Suits against Commonwealth officers and employees
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3085 - Suits against Commonwealth officers and employees
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Every official, ex-official, employee or ex-employee of the Commonwealth of Puerto Rico who is sued for damages in his personal capacity, when the cause of action is based on alleged violations of the plaintiff’s civil rights, due to acts or omissions committed in good faith, in the course of his employment and within the scope of his functions, may request the Commonwealth of Puerto Rico to provide him with legal representation, and to subsequently assume the payment of any judgment that may be entered against his person. The Executive Directors, former Executive Directors, members and former members of the governing boards of public corporations and Government instrumentalities, mayors and former mayors and officials and former officials of the municipalities, as well as the members and former members of the Municipal Police Corps of the different ranks, shall be covered by what is hereby provided, except for the payment of judgments, which shall be governed by the provisions of § 3092 of this title. Any action brought under the provisions of §§ 3077-3092a of this title shall not be covered by the provisions of this section.
Likewise, these provisions shall not be construed, for any reason whatsoever, as making the Commonwealth an insurer of the aforesaid public servants, nor as a waiver of the sovereign immunity of the Commonwealth.
History —June 29, 1955, No. 104, p. 550, added as § 12 on Nov. 26, 1975, No. 9, p. 953, § 1; July 21, 1977, No. 12, p. 564, § 1; July 10, 1986, No. 113, p. 358, § 1; July 30, 1999, No. 177, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3086/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3086 - Legal representation by Secretary of Justice
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3086 - Legal representation by Secretary of Justice
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Every official, ex-official, employee or ex-employee wishing to be covered by the provisions of § 3085 of this title shall:
(a) Apply in writing for legal representation to the Secretary of Justice stating the facts before making any plea; Provided, That in cases where it be indispensable to make such plea to safeguard his rights or interests and it has had to be filed within five (5) days after the summons, the defendant may apply for legal representation to the Secretary of Justice following the responsive plea but within the ten (10) days following the summons. The Secretary of Justice may allow exceptions to this norm when there are reasons justifying it.
(b) Cooperate in good faith with the Secretary of Justice in the investigation he may undertake of the facts alleged in the complaint and cooperate likewise during all subsequent judicial proceedings.
History —June 29, 1955, No. 104, p. 550, added as § 13 on Nov. 26, 1975, No. 9, p. 953, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3087/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3087 - Determination of legal representation; judicial review
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3087 - Determination of legal representation; judicial review
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The Secretary of Justice shall determine in which cases the Commonwealth shall assume legal representation and, subsequently, after considering the findings of the court or which arise from the evidence presented, he shall determine whether it is in order to pay the full judgment imposed on the public officials, ex-officials, employees or ex-employees sued, pursuant to the provisions of §§ 3085-3092a of this title.
Nevertheless, if before acting or failing to do so, the official, ex-official, employee or ex-employee requested the Secretary of Justice to render an Opinion to such effects and his action or omission was performed according to the terms thereof, the Commonwealth may not deny or withhold legal representation from such persons or refuse the total payment of the judgment imposed.
The Secretary of Justice shall notify the decision to provide legal representation within thirty (30) days after having received the corresponding petition.
The petitioner may file a petition for review of an adverse decision of the Secretary of Justice before the Court of First Instance within fifteen (15) days following receipt of the notice.
After the petition for review is filed, if the writ is issued to that effect, it shall be the duty of the Secretary of Justice to refer the record of the case, within fifteen (15) days following the issuance of the writ. The review before the Court of First Instance shall be limited exclusively to questions of law.
In order to protect the defendant’s right to a timely appearance in court, the Secretary of Justice may request additional time to make a determination on the petition presented to him.
History —June 29, 1955, No. 104, p. 550, added as § 14 on Nov. 26, 1975, No. 9, p. 953, § 1; July 21, 1977, No. 12, p. 564, § 1; July 10, 1986, No. 113, p. 358, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3087a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3087a - Misrepresentation in the request
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3087a - Misrepresentation in the request
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If during the course of the suit it is made known to the Secretary of Justice, by clear and convincing proof, that any of the persons sued to whom legal representation was granted by the Commonwealth lied about material facts in his request for representation or during the investigation held to determine whether it would be granted or not, or knowingly concealed pertinent evidence or information, the Secretary shall notify his fully grounded intention of withdrawing said representation and shall advise him of his right to resort to the Court of First Instance with an appeal for review.
The petitioner may file a petition for review of an adverse decision of the Secretary of Justice to withdraw his legal representation before the Court of First Instance within fifteen (15) days following receipt of the notice.
After the petition for review is filed, if the writ is issued to that effect, it shall be the duty of the Secretary of Justice to continue representing him through lawyers in private practice who shall be selected upon prior agreement between the petitioner and the Secretary of Justice. Said legal representation shall continue until the court’s decision is final and binding.
In case the court’s decision is adverse for the petitioner, he shall be obliged to refund all of the expenses incurred in his representation to the Commonwealth, including those incurred in filing the appeal for review.
History —June 29, 1955, No. 104, p. 550, added as § 14A on July 10, 1986, No. 113, p. 358, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3088/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3088 - Acts or omissions not included
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3088 - Acts or omissions not included
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The provisions of §§ 3085-3092a of this title shall not cover the following acts or omissions incurred by an official, ex-official, employee or ex-employee:
(a) When such acts or omissions constitute a crime.
(b) When they occur outside the scope of his official functions.
(c) When inexcusable negligence intervenes.
(d) When a different state of law has been established jurisprudentially by a final and binding judgment.
History —June 29, 1955, No. 104, p. 550, added as § 15 on Nov. 26, 1975, No. 9, p. 953, § 1; July 10, 1986, No. 113, p. 358, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3089/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3089 - When Secretary of Justice is defendant applicant
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3089 - When Secretary of Justice is defendant applicant
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If the Secretary of Justice is defendant applicant, the Governor of Puerto Rico, with the advice of the Attorney General, shall act in his stead with respect to the determinations appertaining to him pursuant to §§ 3085-3092a of this title.
History —June 29, 1955, No. 104, p. 550, added as § 16 on Nov. 26, 1975, No. 9, p. 953, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3090/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3090 - Payment of cost of legal representation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3090 - Payment of cost of legal representation
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Every respondent covered by the provisions of §§ 3085-3092a of this title who applies to the Commonwealth for legal representation may be represented in the suit by attorneys from the Department of Justice or by attorneys in private practice upon authorization of the Secretary of Justice. In these cases, the Commonwealth shall defray the reasonable cost of said legal representation from a special fund created for this purpose. The Commonwealth may recover expenses, costs and attorney’s fees and the amounts so recovered shall be covered into the Treasury of Puerto Rico into the same special fund.
When two (2) or more officials who are defendants in a same legal suit apply for the Commonwealth’s legal representation and have interests that may result contradictory, the Secretary of Justice may authorize that any or all of them be represented by attorneys in the private practice, the cost to be met as provided in the preceding paragraph.
History —June 29, 1955, No. 104, p. 550, added as § 17 on Nov. 26, 1975, No. 9, p. 953, § 1; July 10, 1986, No. 113, p. 358, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3091/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3091 - Regulation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3091 - Regulation
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The Secretary of Justice shall prepare a regulation for the enforcement of the provisions of §§ 3085-3092a of this title, which shall take effect once the requirements of Act June 30, 1957, No. 112 are fulfilled.
History —June 29, 1955, No. 104, p. 550, added as § 18 on Nov. 26, 1975, No. 9, p. 953, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3092/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3092 - Funds for payment of legal representation; mayors and ex-mayors
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3092 - Funds for payment of legal representation; mayors and ex-mayors
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The Secretary of Justice shall notify the Secretary of the Treasury of his determination regarding the payment, on the basis of the provisions of §§ 3085—3092a of this title. The Secretary of the Treasury shall pay the judgments, costs and attorney’s fees imposed on the defendants from available funds in the Treasury of Puerto Rico.
All the provisions of §§ 3077—3092a of this title, shall apply to the Executive Directors, former Executive Directors, the members and former members of the governing boards of public corporations and Government instrumentalities, the mayors and former mayors, and officials and former officials of the municipalities, as well as the members and former members of the Municipal Police Corps of its various ranks, except that the costs that they face with regard to said judgments, costs, fees, and expenses incurred by the Commonwealth in their legal representation shall be defrayed from available funds in the corresponding corporations and instrumentalities of the Government or municipality that represents or represented the respondent in question. In case the affected Government corporation or instrumentality, or municipality, does not have the necessary funds available to defray said amount, the Commonwealth shall make payment thereof. The Government corporation or instrumentality, or the municipality, shall subsequently reimburse said amount as the Secretary of the Treasury may determine with the advice of the Governing Board of the Government corporation or instrumentality, or the Municipal Legislature of the municipality.
The budgetary expenditures in terms of legal representation, as well as the payment of judgments, costs and attorney’s fees, which the aforesaid sections entail, shall not constitute an additional compensation for the public servants covered by said provisions.
History —June 29, 1955, No. 104, p. 550, added as § 19 on Nov. 26, 1975, No. 9, p. 953, § 1; July 21, 1977, No. 12, p. 564, § 1; July 10, 1986, No. 113, p. 358, § 5; July 30, 1999, No. 177, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-251/3092a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a)›§ 3092a - Representation of spouse and conjugal partnership
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3092a - Representation of spouse and conjugal partnership
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When the spouse or the legal joint community property of the person to whom the Secretary granted legal representation is included as a party in the suit, and they do not appear in court to protect their rights, the attorney designated by the Department of Justice may assume their representation by request of the official or ex-official sued.
History —June 29, 1955, No. 104, p. 550, added as § 19A on July 10, 1986, No. 113, p. 358, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-252/3095/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 252 - Civil Action Claims (§§ 3095 — 3100)›§ 3095 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 252 - Civil Action Claims (§§ 3095 — 3100) › § 3095 - Definitions
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For the purposes of this chapter, the following words and phrases shall have the meaning stated below:
(1) Competent forum.— Every court with legal authority in the Commonwealth of Puerto Rico, at the federal, state level or of any other jurisdiction of the United States of America.
(2) Natural person.— Any person defined as such in any applicable law, including the Civil Code of Puerto Rico, and including but not limited to every president, vice president, director, executive director, or every member of a board of officials or a board of directors, or a person who performs equivalent functions.
(3) Juridical person.— Includes corporations, professional corporations, civil and mercantile partnerships, special partnerships, cooperatives and any other entity defined as such in any applicable law, associations, partnerships or de facto corporations, including those constituted for these purposes by an alter ego of the juridical person or subsidiaries thereof.
(4) Immediate economic damage.— Refers to the quantification, in its monetary equivalent, of the damages produced by the defendant through a negligent, culpable or illegal act or omission dealt with in this chapter, while propitiating the consummation of the illegitimate objective.
(5) Negligent act or omission.— For the effects of this chapter, shall mean the gross deviation from the standards of care that a prudent and reasonable person should exercise if found in the place of the defendant.
History —June 13, 2001, No. 36, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-252/3096/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 252 - Civil Action Claims (§§ 3095 — 3100)›§ 3096 - Initiating the claim
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 252 - Civil Action Claims (§§ 3095 — 3100) › § 3096 - Initiating the claim
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It is hereby provided that the Commonwealth of Puerto Rico, through the Secretary of Justice, may file before the Court of First Instance of the Commonwealth of Puerto Rico, civil actions against any natural or juridical person that has incurred in negligent, culpable or illicit acts or omissions that impair the public treasury, in order to claim that it be awarded a monetary compensation of up to three (3) times the compensation determined for the immediate economic damage caused to the public treasury by said conduct. Said claim shall be subject to the reasonable evaluation of the prudent judge that shall take into account the corrective and dissuasive nature of the cause of action authorized in this chapter.
History —June 13, 2001, No. 36, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-252/3097/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 252 - Civil Action Claims (§§ 3095 — 3100)›§ 3097 - Quantum of proof
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 252 - Civil Action Claims (§§ 3095 — 3100) › § 3097 - Quantum of proof
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For the purposes of this chapter, the commission of the negligent, culpable or illicit acts or omissions in impairment of the public treasury may be evidenced through the presentation of a certified copy of the conviction sentence, or a certified copy of the guilty plea resolution resulting from the penal procedure in which said act or omission was tried before a competent court. Said sentence or resolution shall constitute prima facie evidence of the acts that motivated it. In the cases in which no conviction or allegation of guilt in a penal process for these same acts has preceded the civil action, the commission of the negligent, culpable or illicit acts or omissions in impairment of the public treasury may be evidenced by robust and convincing evidence.
Once it has been proved that [an] action or negligent, culpable or illicit act or omission has been incurred, the amount of the damages caused to the public treasury shall be established based on the burden of proof.
History —June 13, 2001, No. 36, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-252/3098/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 252 - Civil Action Claims (§§ 3095 — 3100)›§ 3098 - Other jurisdictions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 252 - Civil Action Claims (§§ 3095 — 3100) › § 3098 - Other jurisdictions
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In those cases in which the conviction or guilty plea referred to in § 3097 of this title has not been made under the laws of the Commonwealth of Puerto Rico, only those judgments or decrees of competent judicial authorities in which the guilt of the defendant has been proved beyond any reasonable doubt in charges for crimes whose modality require[s] that all the elements that must be proven by the State against the defendant to prevail in its claim in the civil procedure authorized in this chapter, shall be considered for the effects of this chapter.
History —June 13, 2001, No. 36, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-252/3099/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 252 - Civil Action Claims (§§ 3095 — 3100)›§ 3099 - Interpretation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 252 - Civil Action Claims (§§ 3095 — 3100) › § 3099 - Interpretation
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The exercise of a civil action pursuant to this chapter shall not be construed as impairment of the right of the Commonwealth of Puerto Rico or any or its instrumentalities to file any penal or administrative action based on the same facts adjudged in the civil process authorized through this chapter.
History —June 13, 2001, No. 36, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-252/3100/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 252 - Civil Action Claims (§§ 3095 — 3100)›§ 3100 - Prescriptive term
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 252 - Civil Action Claims (§§ 3095 — 3100) › § 3100 - Prescriptive term
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The remedy established in § 3096 of this title may be claimed by the Commonwealth of Puerto Rico within a prescriptive term of fifteen (15) years counting from the filing in record of a copy of the notice of the conviction sentence or of the guilty plea resolution referred to in § 3097 of this title. In those cases in which there is no preceding penal conviction, the term shall begin to count from the moment that the Secretary of Justice becomes aware of the damages and of the person who caused them, or from the moment that he/she could have reasonably become aware of the same.
History —June 13, 2001, No. 36, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3114/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3114 - Attorney’s fees—Government policy
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3114 - Attorney’s fees—Government policy
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The Legislature of Puerto Rico hereby declares that to permit collection of attorney’s fees from workers or employees who need to file claims against their employers under federal or local labor legislation or under an individual or collective work contract is equivalent to permitting the worth of their hire to be reduced by the amount they pay their attorneys. It is furthermore declared that to permit labor organizations to contract for the payment of attorney’s fees on the basis of a percentage of any benefit obtained through collective bargaining agreements redounds to the detriment of industrial peace by seating a private interest, alien to those which ought to properly be the subject matter of the negotiations, at the negotiating table.
It is therefore declared that the policy of the Government of Puerto Rico is to safeguard workers and employees against such reductions in the worth of their hire and to protect the public interest against said percentage basis contracts, inasmuch the same redound to the detriment of industrial peace.
History —May 12, 1950, No. 402, p. 954, § 1; June 3, 1980, No. 90, p. 246.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3115/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3115 - Attorney’s fees—Payment by employer; exemption of employee
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3115 - Attorney’s fees—Payment by employer; exemption of employee
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In every case filed in the courts of Puerto Rico by a worker or an employee in which any right or sum of money is claimed against his employer under federal or local labor legislation or an individual or collective work contract and in which the claim is granted in whole or in part, the attorney’s fees shall be levied on the employer if the attorney is not one of the attorneys of the Department of Labor and Human Resources. When sentence is entered [on] behalf of the respondent employer, attorney’s fees shall not be levied on the complainant worker or employee; Provided, That for the purposes of §§ 3114-3117 of this title, the term “employer” shall include the authorities and public corporations of the state Government and/or its representatives.
In cases in which the claim is settled out of court, the parties thereto, in addition to complying with the provisions of law governing settlements, if they cannot reach an agreement of the fees to be paid by the respondent employer to the attorney of the complainant worker or employee, shall submit their determination to the court which had jurisdiction in the case. No costs shall be levied in these proceedings.
History —May 12, 1950, No. 402, p. 954, § 2; June 3, 1980, No. 90, p. 246.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3116/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3116 - Attorney’s fees—Contracts agreed to by employee; nullity
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3116 - Attorney’s fees—Contracts agreed to by employee; nullity
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All contracts, covenants, or agreements in which workers or employees agree directly or indirectly to pay fees to their attorneys in judicial or extrajudicial cases of claims against their employers under the labor legislation of Puerto Rico, or under labor legislation of the United States Congress applicable to Puerto Rico or under an individual or collective work contract, shall be void and contrary to the public peace. Contracts, covenants, or agreements, however, in which a labor organization binds itself to pay attorney’s fees for services rendered to the same, provided payment of such fees is not contracted for, covenanted or agreed upon on the basis of a percentage of any right, benefit, or increase of wages acquired through collective bargaining, shall be valid.
History —May 12, 1950, No. 402, p. 954, § 3; June 3, 1980, No. 90, p. 246.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3117/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3117 - Attorney’s fees—Liability of attorney for violation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3117 - Attorney’s fees—Liability of attorney for violation
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Any attorney who receives compensation from a workman or group of workmen in violation of the provisions of §§ 3114-3117 of this title shall be under obligation to reimburse to the workman the amount paid to him, plus an equal amount of money, by way of liquidated damages, to the workman or group of workmen affected. The Secretary of Labor and Human Resources is hereby authorized to appear [on] behalf of the workmen in all actions to recover said sums.
History —May 12, 1950, No. 402, p. 954, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3118/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3118 - Filing of complaint; parties; jurisdiction
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3118 - Filing of complaint; parties; jurisdiction
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Whenever a workman or employee should have to claim from his employer any equity or benefit, or any sum on account of compensation for work or labor done for said employer, or for compensation in case said workman or employee should have been discharged from his work without just cause, he may choose to appear before the Part of the District Court or of the Court of First Instance, as the case may be, of the place where the work was done, or where said workman or employee resides on the date of the claim, and file a complaint against the employer, which complaint shall be made out or filled in, as the case may be, by the judge, or the Clerk of the court, in which the workman or employee shall set forth the facts upon which the claim is grounded.
In the exercise of any action that may be brought under the procedure established by §§ 3118-3132 of this title, the Secretary of Labor and Human Resources may sue, motu proprio or at the instance of one or more workmen or employees having an interest in the matter, and on behalf and in representation of one or more of such workers or employees who are in similar circumstances, and he may also act as the complainant or intervener in any claim initiated under the procedure established in §§ 3118-3132 of this title.
The complaint may include the claims of all workmen and employees of the same employer who failed to receive their equities, benefits, or wages earned on the same work; Provided, That the filing of a complaint by one or more workmen or employees, or by the Secretary of Labor and Human Resources on their behalf, shall not preclude the filing of other actions by, or on behalf of other workmen or employees.
The District Court shall take cognizance of every complaint in which the amount in question does not exceed ten thousand dollars ($10,000) excluding interest, costs, expenses, and attorney’s fees; Provided, That, if the complaint is filed in the District Court and the amount in question exceeds ten thousand dollars ($10,000), excluding interest, costs, expenses, and attorney’s fees, the judge shall direct, if so requested by any of the parties, that the complaint be forthwith remanded to the pertinent Part of the Court of First Instance, where the case shall be heard.
History —Oct. 17, 1961, No. 2, p. 447, § 1; § 1; May 30, 1984, No. 38, p. 102; Dec. 24, 1998, No. 319, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3119/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3119 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3119 - Definitions
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The word “workman” as used in §§ 3118-3132 of this title shall comprise all manual laborers of either sex and such natural persons as may be employed in domestic services or occupations, and the word “employee”, which is used in its fullest meaning, shall comprise, among others, all kinds of artisans, employees or business or industry clerks.
History —Oct. 17, 1961, No. 2, p. 447, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3120/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3120 - Court order for defendant to file an answer; notice; answer; application of Rules of Civil...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3120 - Court order for defendant to file an answer; notice; answer; application of Rules of Civil Procedure
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The clerk of the court shall serve notice on the defendant, with a copy of the complaint, warning him that he shall file his answer in writing, with proof of having served copy thereof on counsel for complainant, or on the latter if he has appeared in his own right, within ten (10) days after said service of notice, if made in the judicial district where the action is instituted, and within fifteen (15) days in all other cases, and also warning said defendant that, should he fail to do so, judgment shall be entered against him, granting the remedy sought, without further summons or hearing. The judge may extend the term to answer only on motion of the defendant, which shall be served on counsel for complainant, or on the latter if he appears in his own right, setting forth under oath the reasons said defendant may have therefor, if from the face of such motion the judge finds just cause. In no other case shall the court have jurisdiction to grant such extension.
The marshal or a private person shall serve the notice of the clerk of the court on the defendant. Where defendant is not found, the order shall be served on the person who in any manner represents said defendant in the factory, shop, establishment, farm, or place where the work originating the claim was performed, or in his office or residence. Where notice cannot be served on defendant as above provided, he shall then be summoned as prescribed by the Rules of Civil Procedure for these cases.
Defendant shall answer in one sole responsive plea in which he shall include all his defenses and objections, it being understood that he waives all defenses and objections not embodied in said plea.
In all cases prosecuted under §§ 3118—3132 of this title, the Rules of Civil Procedure shall govern insofar as they are not in conflict with the specific provisions of these sections or with the summary nature of the procedure hereby established; Provided, in relation with the pretrial means of disclosure authorized by the Rules of Civil Procedure, That the defendant may not use them to obtain information which must appear in the records, payrolls, wage lists and other records which the employers are bound to keep under the provisions of the Minimum Wage Act and the regulations promulgated thereunder, except any testimony given or document submitted by the complainant in any judicial action; And That neither party may submit more than one interrogatory or deposition, nor shall a party take a deposition from the other after having submitted in interrogatory thereto, nor submit an interrogatory to the other party after having taken a deposition therefrom, except under exceptional circumstances which, in the judgment of the court, justify the granting of another interrogatory or another deposition. The taking of depositions from the witnesses shall not be permitted without authorization of the court, after ascertaining the necessity of using said procedure.
The information obtained by the Secretary of Labor and Human Resources or his duly authorized agents in the course of the investigations made in the exercise of the powers granted in the Minimum Wage Act and in the Organic Act of the Department of Labor and Human Resources, §§ 304 et seq. of Title 3 shall be of a privileged and confidential nature and may only be disclosed by authorization of the Secretary of Labor and Human Resources.
In no case prosecuted under §§ 3118-3132 of this title may the complainant workman or employee be countersued or countercharged for any cause.
History —Oct. 17, 1961, No. 2, p. 447, § 3; Feb. 5, 1979, No. 8, p. 17.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3121/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3121 - Hearing; judgment upon default
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3121 - Hearing; judgment upon default
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Where defendant files his answer to the complaint in the manner and within the term provided in § 3120 of this title, the hearing shall be held irrespective of calendar, at the instance of complainant, upon notice to defendant.
Where defendant shall fail to file his answer to the complaint in the manner and within the term provided in § 3120 of this title, the judge shall render judgment against defendant, at the instance of complainant, granting the remedy sought. In such case, the judgment shall be final and no appeal may be taken therefrom; Provided, however, That defendant may, within the ten (10) days following the service of notice of the judgment, appeal from the District Court to the corresponding Court of First Instance, or from the Court of First Instance where the claim originated to the Supreme Court, for a review of the proceedings.
History —Oct. 17, 1961, No. 2, p. 447, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3122/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3122 - Notice to and intervention by Labor and Human Resources
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3122 - Notice to and intervention by Labor and Human Resources
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The court secretary shall send a copy of any complaint filed under the procedure established by §§ 3118-3132 of this title as well as of the order setting the date for the hearing, to the Secretary of Labor and Human Resources, who may intervene in the proceedings through any of the attorneys of the Department of Labor and Human Resources.
History —Oct. 17, 1961, No. 2, p. 447, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3123/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3123 - Failure of parties to appear
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3123 - Failure of parties to appear
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Where none of the parties appear at the act of the hearing, the court shall postpone the hearing of the case; where only defendant appears, the court shall, at the instance of defendant, dismiss the claim; but where only complainant appears, the court shall, at the instance of complainant, render judgment against defendant, granting the remedy sought. In either case the judgment shall be final and no appeal may be taken therefrom; Provided, however, That the aggrieved party may, within the ten (10) days following the service of notice of the judgment, appeal from the District Court to the corresponding Court of First Instance, or from the Court of First Instance where the claim originated to the Supreme Court, for a review of the proceedings.
History —Oct. 17, 1961, No. 2, p. 447, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3124/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3124 - Discretion of court; motion
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3124 - Discretion of court; motion
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When judgment is rendered under §§ 3121 or 3123 of this title, the court shall retain the discretion granted by Rule 49.2 of the Rules of Civil Procedure for the General Court of Justice in cases of error, inadvertence, surprise, excusable negligence or fraud, but the motion invoking said discretion shall be filed within the term of sixty (60) days after the service of notice of the judgment on the parties and there shall be stated therein, under oath, the grounds on which the petition is based. Where said petition is not filed within the term and in the manner herein provided, the court shall dismiss it.
History —Oct. 17, 1961, No. 2, p. 447, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3125/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3125 - Defects in form; evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3125 - Defects in form; evidence
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No complaint shall be dismissed for defects in form only.
In the introduction of evidence, the widest possible latitude shall be allowed to the parties.
History —Oct. 17, 1961, No. 2, p. 447, § 8.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3126/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3126 - Judgment; indemnity or liquidated damages
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3126 - Judgment; indemnity or liquidated damages
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Within twenty-four (24) hours after the hearing, the judge shall render judgment, affirming or dismissing the claim. Where the claim is affirmed, the defendant shall be adjudged and directed to grant the right or benefit claimed or to pay to complainant such amount of wages or compensation as shall have been shown by the evidence, as the case may be.
If malice aforethought on the part of defendant is shown, the judge shall adjudge him to pay to complainant, by way of indemnity or liquidation of damages, an additional sum not to exceed fifty (50) dollars.
History —Oct. 17, 1961, No. 2, p. 447, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3127/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3127 - Appeals from District Court
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3127 - Appeals from District Court
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Where the case originates in the District Court, any of the parties aggrieved by the judgment may appeal to the Court of First Instance.
The appeal shall be taken by filing with the Secretary of the District Court, within ten (10) days after notice of the judgment is served, a writing expressing the intent to appeal, and by delivering a copy of such writing to the opposing party or to his proxy or counsel.
The appeal shall be prosecuted in accordance with the regular procedure for appeals from the District Court to the Court of First Instance.
History —Oct. 17, 1961, No. 2, p. 447, § 10.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3128/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3128 - Indemnity for dilatory appeal
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3128 - Indemnity for dilatory appeal
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Where the appellant shall be the defendant and the Court of First Instance shall be satisfied that the said appeal was taken only for the purpose of delaying a compliance with the judgment, the court shall have power, on deciding same, to adjudge defendant to pay to complainant, by way of indemnity or as a punishment, a sum not to exceed one hundred (100) dollars.
History —Oct. 17, 1961, No. 2, p. 447, § 11.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3129/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3129 - Appeals from Court of First Instance
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3129 - Appeals from Court of First Instance
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The Supreme Court may take cognizance of appeals from and petitions for review of judgments rendered in first instance by the Court of First Instance, in ordinary proceedings.
History —Oct. 17, 1961, No. 2, p. 447, § 12.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3130/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3130 - Limitations on appeals; certiorari
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3130 - Limitations on appeals; certiorari
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In no case shall more than one appeal be allowed. The Supreme Court may, in its discretion and through certiorari proceedings, review the judgments rendered on appeal by the Court of First Instance.
History —Oct. 17, 1961, No. 2, p. 447, § 13.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3131/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3131 - Payment of judgment; execution
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3131 - Payment of judgment; execution
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The judgment affirming a claim may be executed on any property of the defendant through an order of execution which shall be issued by the secretary at the instance of complainant, and which shall be executed by the marshal within a term not to exceed twenty (20) days from the date said order of execution was delivered to him.
History —Oct. 17, 1961, No. 2, p. 447, § 14.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3132/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3132 - Costs and attorney’s fees
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3132 - Costs and attorney’s fees
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No costs shall accrue in this kind of suits.
In all cases where a judgment is rendered in favor of complainant, if he appears represented by a private attorney, the attorney’s fees shall be assessed against defendant.
History —Oct. 17, 1961, No. 2, p. 447, § 15, eff. Oct. 17, 1961.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-253/3133/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 253 - Labor Claims (§§ 3101 — 3133)›§ 3133 - Preventive attachment
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3133 - Preventive attachment
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In actions for wages under labor legislation in force a preventive attachment may be effected, without the requirement of furnishing a bond, on the property of the defendant, in an amount sufficient to guarantee the effectiveness of the judgment which at the proper time may be obtained when, in the judgment of the court where the action is pending, the complaint adduces facts sufficient for a cause of action in favor of the plaintiff and there are well-founded grounds for fearing, after a hearing to that effect, that if such preventive attachment is not effected immediately, the judgment which may be obtained would be academic because there would be no property on which to execute it. The court may also order, in substitution or addition to the attachment, any other means which it deems appropriate, according to the circumstances of the case, to guarantee the effectiveness of the judgment which may be obtained; Provided, That the defendant may prevent or release the attachment by furnishing a bond sufficient to the satisfaction of the court.
History —June 21, 1968, No. 107, p. 217.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3141/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3141 - Civil action for libel and slander established
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3141 - Civil action for libel and slander established
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The civil action for damages for libel and slander is hereby established.
History —Feb. 19, 1902, p. 214, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3142/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3142 - Libel defined
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3142 - Libel defined
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Libel is the malicious defamation of a person made public by writing, printing, sign, picture, representation, effigy, or other mechanical mode of publication tending to subject him to public hatred or contempt, or to deprive him of the benefit of public confidence and social intercourse, or to injure him in his business, or in any other way to throw discredit, contempt or dishonor upon him, or malicious defamation made public as aforesaid, designed to blacken or vilify the memory of one who is dead and tending to scandalize or provoke his surviving relatives or friends.
—Feb. 19, 1902, p. 214, § 2.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3143/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3143 - Slander defined
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3143 - Slander defined
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Slander is a false and unprivileged publication other than libel, which imputes to any person the commission of a crime, or tends directly to injure him in respect to his office, profession, trade or business, or which by natural consequences causes actual damages.
—Feb. 19, 1902, p. 214, § 3.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3144/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3144 - Communications not held or presumed malicious
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3144 - Communications not held or presumed malicious
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A publication or communication shall not be held or deemed malicious when made in any legislative or judicial proceeding or in any other proceeding authorized by law. A publication or communication shall not be presumed to be malicious when made:
First.— In the proper discharge of an official duty.
Second.— In a fair and true report of a judicial, legislative, official or other proceeding, or of anything said in the course thereof.
Third.— To a Commonwealth official upon probable cause with the intention of serving the public interest or of securing the redress of a private wrong.
History —Feb. 19, 1902, p. 214, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3145/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3145 - Presumption of malice
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3145 - Presumption of malice
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Malice shall be presumed to exist in any injurious communication or writing made without justifiable motive and addressed to any person other than to a relative within the third degree, or to a person whom the author has under his guardianship or when said communication passes between persons having business in partnership, or other similar association.
History —Feb. 19, 1902, p. 214, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3146/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3146 - Truth of charges as to public employee
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3146 - Truth of charges as to public employee
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If the plaintiff be a public employee and the libel refer to acts connected with his office, judgment shall be rendered for the defendant if he prove the truth of his charges.
History —Feb. 19, 1902, p. 214, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3146a/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3146a - Answer to complaint
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3146a - Answer to complaint
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In civil actions for damages for libel or slander, the defendant may, in his answer, allege the truth of the charges as defamatory, as well as any mitigating circumstances, to reduce the amount of damages; and whether he proves the truth of the fact or not, he may introduce evidence of mitigating circumstances.
History —Feb. 19, 1902, p. 214, added as 6A on May 12, 1980, No. 41, p. 103, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3147/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3147 - Costs and attorney’s fees
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3147 - Costs and attorney’s fees
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If there be a judgment in favor of the plaintiff, the judgment shall include costs and a reasonable attorney’s fee, to be assessed by the court. If there be a judgment in favor of the defendant, and if the court finds that the action was commenced by the plaintiff without justifiable cause, the judgment shall include besides costs, an attorney’s fee which shall be assessed by the court and shall not exceed one hundred and fifty (150) dollars.
History —Feb. 19, 1902, p. 214, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3148/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3148 - Publication of libel
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3148 - Publication of libel
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To sustain the charge of publishing libel it is not needful that the words for which suit is brought should have been read by any person; it is enough and sufficient evidence if the accused knowingly parted with the immediate custody of the libel or exposed the same to view under circumstances which allowed it to be read by any other person.
History —Feb. 19, 1902, p. 214, § 8.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-255/3149/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 255 - Libel and Slander (§§ 3141 — 3149)›§ 3149 - Relationship between civil and criminal actions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 255 - Libel and Slander (§§ 3141 — 3149) › § 3149 - Relationship between civil and criminal actions
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Actions brought under §§ 3141-3149 of this title shall be independant of any criminal action which may arise out of the libel or slander; but in case damages have been assessed in a criminal action for libel or slander, prosecuted by the prosecuting attorney, no civil action shall be brought to recover damages for the same libel or slander until the plaintiff has formally waived damages adjudged in such criminal action.
History —Feb. 19, 1902, p. 214, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-256/3151/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 256 - Right of Publicity Act (§§ 3151 — 3158)›§ 3151 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3151 - Definitions
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(a) Authorized agent.— Whoever is directly authorized to consent to the use of a person’s likeness through an agency or under a representation agreement.
(b) Damages.— All compensatory damages, including, but not limited to loss of income if the person had consented to a likeness licensing agreement, as well as the profit made by the offender exclusively through the unauthorized use of a person’s likeness.
(c) Likeness.— Name, photograph, portrait, voice, signature, attribute or any representation of a person through which an average observer or listener may identify the same, produced using any reproduction procedure or technique.
(d) Gross negligence.— Total carelessness or failure to adhere to a minimal standard of care that raises a presumption of indifference to consequences, implying reckless disregard.
(e) Parody.— Comical imitation that uses elements which, at least partly, provides commentary of or directly mocks a person altering his/her image.
(f) Person.— Natural person, living or deceased, regardless of the previous use of his/her likeness for commercial purposes. It includes any legal entity that holds the rights of a person’s likeness through a license or by transfer of publicity rights.
(g) Accessory figure.— A person who is not the focus of a communication, but rather a part of a group or background figure.
(h) Commercial purpose.— The use of a person’s likeness in connection with an advertisement, offer, or sale of a product, merchandise, good or service in the market.
(i) Advertising purposes.— The use of an individual’s likeness in communications media to broadcast or inform the public of a good or service available in the market, including its use in company announcements.
(j) Satire.— Expression that seeks to criticize or ridicule someone or something by using it’s likeness without alteration or transformation.
—July 13, 2011, No. 139, § 2.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-256/3152/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 256 - Right of Publicity Act (§§ 3151 — 3158)›§ 3152 - Cause of action
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3152 - Cause of action
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Any natural or juridical person who uses another’s likeness for commercial, trade, or advertising purposes without the previous consent of said person, the person who possesses a license for said likeness, his/her heirs if the person is deceased, or the authorized agent of any of the forgoing shall be liable for damages.
In the event that the consent required under this chapter is not obtained, the plaintiff may seek an injunction against the continued use of said likeness and can recover monetary damages, including any royalties accrued, or financial losses resulting from the violation of the right established herein.
—July 13, 2011, No. 139, § 3.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-256/3153/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 256 - Right of Publicity Act (§§ 3151 — 3158)›§ 3153 - Remedy
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3153 - Remedy
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The law provides for both injunctive relief and compensatory damages to a plaintiff who sues for misappropriation or violation of the right of publicity. The court may award damages taking into account the following elements: any of the defendant’s profits that are attributable to the use of the plaintiff’s likeness; the amount of any future publicity value the plaintiff may have been denied as a result of the defendant’s infringing activities; the value of the detrimental effect that the defendant act would have caused to the plaintiff; and any other factor the court determines as adequately quantitative of damages.
At its discretion, the court may award compensatory damages for an amount no greater than three (3) times the amount profited by the defendant and/or for any losses suffered by the plaintiff if it determines that the violation was deliberate or carried out with malicious intent.
Alternatively, the plaintiff may choose to request that the court rules for statutory damages. Statutory damages may be awarded in an amount of no less than $750 and no greater than $20,000 per violation, as deemed to be fair by the court. Whenever a violation is determined to be deliberate or due to gross negligence, the court may freely increase the amount of statutory damages to a sum no greater than $100,000 per violation. Each violation under these statutory damages shall be equal to the act of unlawful use of a person’s likeness regardless of the number of copies made of the work in question at any given moment.
Moreover, if the court rules in favor of the plaintiff, the court shall always award for legal costs, attorney fees, and expenses.
Upon the court’s determination that the defendant was unaware and had no reason for knowing or believing that his/her activities constituted a violation of the plaintiff’s publicity rights, the court, at its discretion, may reduce the amount of damages awarded.
The remedies provided in this section are set forth in addition to the remedies provided by any other applicable state or federal statute.
—July 13, 2011, No. 139, § 4.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-256/3154/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 256 - Right of Publicity Act (§§ 3151 — 3158)›§ 3154 - Transferability
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3154 - Transferability
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The rights under this chapter shall be freely transferable and descendible property rights, in whole or in part, to any person or incorporated entity by written transfer, including, but not limited to, a signed agreement among the parties, powers, licenses, donations, and wills, or by intestate succession.
History —July 13, 2011, No. 139, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-256/3155/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 256 - Right of Publicity Act (§§ 3151 — 3158)›§ 3155 - Extension
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3155 - Extension
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The right of publicity shall last for 25 years after the death of a person, regardless of previous commercial use during their lifetime.
History —July 13, 2011, No. 139, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-256/3156/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 256 - Right of Publicity Act (§§ 3151 — 3158)›§ 3156 - Statute of limitations
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3156 - Statute of limitations
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Any action or proceeding to enforce any provision of this chapter shall be initiated not later than one (1) year following the date that the affected person became aware or should have gained knowledge of the occurrence of the facts that constitute grounds for a cause of action and serves as the foundation for such action or procedure.
History —July 13, 2011, No. 139, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-256/3157/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 256 - Right of Publicity Act (§§ 3151 — 3158)›§ 3157 - Exceptions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3157 - Exceptions
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This chapter shall not apply under the following circumstances:
(a) When an individual’s likeness is used in any medium as part of a news report, political expression, sporting, or artistic event transmission, or presentation with a legitimate public interest, and where said likeness is not used with commercial or publicity purposes.
(b) When a person’s likeness is used as part of a satire or parody, but with no commercial or advertising purposes.
(c) When a person’s likeness is used for criticism or remarks in academia or research, as long as said use does not constitute a hidden exploitation of a person’s protected likeness.
(d) When the likeness of an accessory figure is used.
History —July 13, 2011, No. 139, § 8.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-256/3158/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 256 - Right of Publicity Act (§§ 3151 — 3158)›§ 3158 - Limited immunity
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3158 - Limited immunity
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The owners or employees of any medium, including, but limited to newspapers, magazines, publicity billboards, internet, and radio or television stations in which an individual’s likeness appears in violation of this Act shall not be held liable except when proof of their knowledge that said likeness was used without the authorization required by this chapter can be established.
History —July 13, 2011, No. 139, § 10.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-257/3171/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173)›§ 3171 - Application to Court of First Instance for enforcement; contempt of court
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173) › § 3171 - Application to Court of First Instance for enforcement; contempt of court
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If any summons or requirement issued by the Secretary of the Treasury of Puerto Rico or by his agents pursuant to the powers granted to them by law is not duly complied with, said official may appear before the Court of First Instance of Puerto Rico and request of said Court to direct that such summons or requirement be obeyed. The Court of First Instance of Puerto Rico shall have exclusive jurisdiction to issue orders directing compliance with any summons or requirement authorized by the Secretary of the Treasury of Puerto Rico or by his agents pursuant to law and to direct the presentment of any evidence, documentary or otherwise, that the Secretary of the Treasury of Puerto Rico or his agents may have previously required. Disobedience to such orders shall constitute contempt of court.
History —Mar. 20, 1951, No. 27, p. 58, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-257/3172/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173)›§ 3172 - Self-incrimination; immunity from prosecution
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173) › § 3172 - Self-incrimination; immunity from prosecution
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No natural or [juridical] person may refuse to comply with any summons or requirement issued by the Secretary of the Treasury of Puerto Rico or by his agents, or with any court order issued under the provisions of §§ 3171-3173 of this title, by alleging that the testimony or evidence required would incriminate him or subject him to a penalty; but no person shall be prosecuted nor subject to any penalty by reason of or for any transaction, matter, or event concerning which he is obliged to testify or to produce evidence after his having claimed his privilege not to incriminate himself, except that whoever may so testify shall not be exempt from prosecution and punishment for perjury committed in the act of giving such testimony.
History —Mar. 20, 1951, No. 27, p. 58, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-257/3173/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173)›§ 3173 - Part of Court of First Instance having jurisdiction
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173) › § 3173 - Part of Court of First Instance having jurisdiction
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The part of the Court of First Instance of Puerto Rico in whose territorial jurisdiction the person summoned or required resides, shall have jurisdiction over the proceedings provided by §§ 3171-3173 of this title.
History —Mar. 20, 1951, No. 27, p. 58, § 3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-258/3181/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188)›§ 3181 - Definition of joint custody
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3181 - Definition of joint custody
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For purposes of this chapter, joint custody means the obligation of both parents, the father and the mother, to exercise directly and fully all the duties and responsibilities entailed by the upbringing of their children by spending the greatest amount of time possible with them and providing them with the company and attention expected from a responsible parent.
Joint custody does not require a minor to stay overnight for the same amount of time in each parent’s house. However, in the case that a minor only stays overnight at the home of one of the parents, joint custody shall be awarded if the other parent maintains a close relationship with the child, to the greatest extent possible, and responsibly performs all the duties as parent and those imposed as part of the legal custody. In no case shall it be construed that awarding joint custody shall mean the non-imposition of child support in favor of the minor, and neither shall it necessarily mean the reduction or increase thereof. The corresponding determination shall be made on a case by case basis depending on the joint custody agreements and always in accordance with the provisions of §§ 501 et seq. of Title 8, known as the “Child Support Act”.
History —Nov. 21, 2011, No. 223, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-258/3182/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188)›§ 3182 - Consideration of joint custody
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3182 - Consideration of joint custody
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In all cases of divorce, dissolution, or separation of an unmarried couple where minors are involved, joint custody of the minors shall be taken into consideration if it inures to the best interest of the minor, even against the will of the parent who is interested in being awarded sole custody, unless there is evidence to the contrary and except for the cases where the exclusions set forth in § 3187 of this title apply. Therefore, courts shall evaluate and consider joint custody subject to the provisions of this chapter. The judge shall ensure compliance with parenting plans and joint custody agreements, upon petition of a party.
None of the provisions of this section shall be construed as compelling the court to issue an order for joint custody. In those cases in which it is proven that one of the parents lacks the capacity to be awarded the same, the courts, acting in benefit of the best interests of the minors, shall not award joint custody. However, courts shall be observant of any frivolous and baseless action from any of the parents directed to preventing the other parent from enjoying joint custody when having the capacity to do so.
History —Nov. 21, 2011, No. 223, § 4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-258/3183/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188)›§ 3183 - Duty of the judge
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3183 - Duty of the judge
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At the court hearing in cases of divorce, dissolution, or separation of an unmarried couple where a minor is involved, the judge shall:
(1) Ascertain that counsel for the respective parties have advised them on the different rights, duties, and responsibilities entailed by the various types of custody that exist under the law.
History —Nov. 21, 2011, No. 223, § 5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-258/3184/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188)›§ 3184 - Agreements
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3184 - Agreements
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If the parties agree to joint custody, they shall proceed to file a written agreement with the court. In those cases where both parties or one of them does not have legal representation, or even having it, have been unable to reach an agreement as to the form and manner in which joint custody shall be established, the parties shall be referred to the mediation program of the court or to a certified mediator in the private practice with knowledge on human conduct to assist the parties in the preparation of an agreement on joint custody, shared responsibility and legal custody. In the case that both parents of the minor agree to joint custody and reach an agreement to such effects, the judge shall consider the same and, if approved after determining, in his/her judgment, that said agreement is in the best interests of the minor, the judge shall follow the subsequent judicial proceedings based on such agreement. If the judge does not agree with the terms of the agreement, he/she may order what he/she deems pertinent in order to adjust said agreement to the best interests of the minor. However, if one of the parties does not agree or wishes to have sole custody of the minor, the judge shall continue with the proceedings in accordance with the provisions of §§ 3184-3187 of this title.
History —Nov. 21, 2011, No. 223, § 6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-258/3185/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188)›§ 3185 - Criteria to be considered when awarding custody
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3185 - Criteria to be considered when awarding custody
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When considering a petition for custody where disputes arise between the parties thereto, the court shall refer the case to a family relations social worker, who shall conduct an evaluation and submit a report with recommendations to the court. Both, the social worker when conducting the evaluation and the court when making a ruling, shall consider the following criteria:
(1) The mental health of both parents, as well as that of the child or children whose custody is to be awarded.
(2) The level of responsibility or moral integrity shown by each parent and if there has been a history of domestic abuse between the components of the family unit.
(3) The capability of each parent to satisfy the emotional, financial, and moral needs of the minor, both present and future.
(4) The background of each parent with respect to their children before the divorce, dissolution, or separation of an unmarried couple, as well as thereafter.
(5) The specific needs of each of the minors whose custody is in dispute.
(6) The interrelation of each minor with his/her parents, siblings, and other family members.
(7) The fact that the decision is not the result of recklessness or coercion.
(8) Whether the parents have the capability, will, and resolve to assume the responsibility of raising their children jointly.
(9) The real reasons and objectives for which the parents have requested joint legal and physical custody.
(10) If the profession, occupation, or trade of the parents shall prevent the agreement from being carried out effectively.
(11) If the location and distance between both parents’ homes would affect the education of the minor.
(12) The existing communication between the parents and their capability to communicate directly or using alternative mechanisms.
(13) Any other valid or pertinent criterion that should be considered to guarantee the best interests of the minor.
History —Nov. 21, 2011, No. 223, § 7.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-258/3186/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188)›§ 3186 - Social worker custody recommendation and court determination
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3186 - Social worker custody recommendation and court determination
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The custody recommendation of the social worker, as well as the custody determination of the court, shall have the purpose of ensuring the best interests of the minor. The analysis shall consider joint custody as the first option, provided that it inures to the wellbeing of the minor. Otherwise, the social worker and the Court, as the case may be, shall make the determination that proves most beneficial for the minor.
Custody recommendations made by social workers shall be one of the factors to be considered by the court when making its determination, but it shall not be the only one. The court shall issue the corresponding custody determination taking into account the provisions of this chapter.
Notwithstanding the foregoing, the court shall always have judicial discretion with respect to the determination and awarding of custody, always protecting the best interests and welfare of the minor in light of all existing circumstances.
History —Nov. 21, 2011, No. 223, § 8.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-258/3187/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188)›§ 3187 - When joint custody shall not be considered as beneficial and favorable to the best interest...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3187 - When joint custody shall not be considered as beneficial and favorable to the best interests of minors
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Joint custody shall not be considered as beneficial and favorable to the best interests of minors in the following cases:
(1) When one of the parents expresses that he/she has no interest in having custody of the minors on the basis of a joint custody plan. This shall be construed as a relinquishment in favor of the other parent.
(2) When one of the parents suffers from a physical or intellectual disability, as determined by a health professional, and the same is irreversible and to such extent that it prevents said parent from adequately caring for the children and guaranteeing their safety, as well as their physical, mental, emotional, and/or sexual integrity.
(3) When the actions or omissions of one of the parents are detrimental to the children or set an example that could potentially corrupt the children.
(4) When one of the parents or his/her spouse or domestic partner has been convicted of acts constituting child abuse.
(5) When one of the parents is imprisoned in a correctional institution.
(6) When one of the parents has been convicted of acts constituting domestic violence, as provided in §§ 601 et seq. of Title 8.
(7) Situations where the mother or the father has committed sexual abuse or any other sexual offense towards a minor, as classified in the Puerto Rico Penal Code.
(8) When one of the parents or his/her spouse or life partner, if any, is addicted to illegal drugs or alcohol.
If after joint custody has been awarded, one of the parents recklessly, arbitrarily, and unfairly refuses to accept said decision and engages in acts to obstruct the relations of the other parent with the minor, the court may alter the decree and award custody to the other parent.
History —Nov. 21, 2011, No. 223, § 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-258/3188/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188)›§ 3188 - The determination of the court on the custody of minors does not constitute matter judged (...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3188 - The determination of the court on the custody of minors does not constitute matter judged (res judicata)
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The determination of a court on the custody of minors does not constitute a matter judged. When one of the parents of a minor deems that there should be changes in the existing custody agreement regarding the relation of the other parent with their children to guarantee the best interest of the latter, such parent may resort to the court and file a motion to such effects. In said motion, the parent shall state the grounds therefor. The procedure to review a previous determination before the court shall be similar to the one established in §§ 3182, 3184, 3185 and 3186 of this title.
History —Nov. 21, 2011, No. 223, § 10.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3201/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3201 - Agreements
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3201 - Agreements
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Two (2) or more parties may agree in writing to submit to arbitration, in conformity with the provisions of this chapter, any dispute which may be the object of an existing action between them at the time they agree to the arbitration; or they may include in a written agreement a provision for the settlement by arbitration of any dispute which may in future arise between them from such settlement or in connection therewith. Such an agreement shall be valid, requirable and irrevocable except for the grounds prescribed by law for the reversal of an agreement.
—May 8, 1951, No. 376, p. 896, § 1, eff. 90 days after May 8, 1951.
History
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3202/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3202 - Filings; summary procedure
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3202 - Filings; summary procedure
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All applications made under the provisions of this chapter shall be filed in the part of the of First Instance Court of Puerto Rico in whose territorial jurisdiction the parties or any of them reside, and shall be held summarily, upon the summons provided by law.
History —May 8, 1951, No. 376, p. 896, § 2, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3203/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3203 - Stay of legal action
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3203 - Stay of legal action
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If any of the parties to a written arbitration agreement institutes action or other legal remedy, the court before which said action or remedy is pending shall, after being satisfied that any dispute involved in said action or remedy may be submitted to arbitration under said agreement, and on motion of any of the parties to the arbitration agreement, order said action or remedy stayed, until such time as the arbitration has been proceeded with, according to the agreement.
History —May 8, 1951, No. 376, p. 896, § 3, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3204/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3204 - Motion to compel
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3204 - Motion to compel
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(1) Any of the parties to a written arbitration agreement who claims negligence or refusal on the part of another party to resort to arbitration according to the agreement, may move the court for an order compelling the parties to resort to arbitration in conformity with the agreement between them. An eight (8) days’ written notice of said petition shall be given to the party who it is alleged is not complying with the agreement. The return of said notice shall be made in the manner prescribed by law or by the Rules of Civil Procedure for the return of summonses in civil actions before the court, as specified in § 3202 of this title. If, after hearing both parties, the court finds that no substantial dispute exists as regards the existence or validity of the arbitration agreement, or the nonperformance thereof, said court shall issue an order commanding the parties to resort to arbitration in conformity with the terms of the agreement.
(2) If the court finds that a substantial dispute has arisen as regards the validity or existence of the arbitration agreement, or as to nonperformance thereof, the court shall proceed immediately to hear such dispute. If from the hearing it is found that there is no written agreement providing for arbitration, or that there is no nonperformance, the court shall deny the motion to compel arbitration.
(3) Either party shall have the right to demand an immediate hearing of any dispute of this nature concerning the validity or existence of an arbitration agreement or the nonperformance thereof. Such a petition shall be made prior to the day set for the hearing of the motion to compel arbitration in conformity with this section; and if such motion is not filed, the request shall be made in the petition for staying the arbitration, as provided in subsection (4)(a) of this section.
(4) In order to give rise to a dispute concerning the existence or validity of an arbitration agreement or the nonperformance thereof, the party concerned shall state the proved facts on which said dispute is founded, and shall:
(a) File a motion to stay the arbitration. If notice has been served of the intent to arbitrate, as provided in § 3211 of this title, notice of the motion to stay shall be served within the twenty (20) days following the return of such notice of intent to arbitrate.
Any dispute concerning the validity or existence of the agreement or the nonperformance thereof, shall be tried in the same manner prescribed in subsections (2) and (3) of this section, or
(b) oppose any motion to compel arbitration, as provided in subsection 1 of this section.
History —May 8, 1951, No. 376, p. 896, § 4, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3205/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3205 - Referees—Appointment; powers
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3205 - Referees—Appointment; powers
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On petition of any of the parties to the arbitration agreement and upon notice thereof to the other parties, the court shall appoint one or more referees in any of the following cases:
(a) When the arbitration agreement does not stipulate the manner of appointing same.
(b) When the arbitration agreement stipulates the manner of appointing referees, but none of them has been appointed and the term within which they should have been appointed has expired.
(c) When a referee fails to act or is unable to act, and his successor has not been duly appointed.
(d) The court shall, in its discretion, appoint one (1) or three (3) referees, according to the importance of the dispute involved in any of the preceding cases in which the agreement is silent as to the number of referees.
The referees appointed by the court shall have the same powers as if appointed in conformity with the arbitration agreement.
History —May 8, 1951, No. 376, p. 896, § 5, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3206/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3206 - Referees—Qualifications
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3206 - Referees—Qualifications
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The appointment of referees may be made by the parties to an arbitration agreement, or by the court, as determined by § 3205 of this title; and said appointment shall fall precisely on persons of legal age, in full enjoyment of their civil rights and who know how to read and write.
History —May 8, 1951, No. 376, p. 896, § 6, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3207/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3207 - Referees—Oath of office; waiver
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3207 - Referees—Oath of office; waiver
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Before entering in the discharge of their offices, the referees chosen by the parties to an arbitration agreement or appointed under § 3205 of this title, shall take an oath before an official authorized to administer oaths, binding themselves properly and faithfully to perform the duties of their offices, to hear without prejudice the allegations and impartially examine the points in dispute and make a fair award to the best of their knowledge and belief.
The parties to an arbitration agreement, or their counsel, may waive in writing the referees’ taking of oath, and, if the parties to an arbitration agreement begin to hold hearings without objecting to the lack of the oath, the obligation of the referees to take such oath shall then be considered waived.
History —May 8, 1951, No. 376, p. 896, § 7, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3208/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3208 - Referees—Acceptance of office; compensation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3208 - Referees—Acceptance of office; compensation
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The acceptance of the office by the referees shall entitle each of the parties to compel said referees to fulfil their duties, and said referees shall receive such compensation as may have been agreed upon by the parties, or in lieu thereof, the compensation fixed for them by the court.
History —May 8, 1951, No. 376, p. 896, § 8, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3209/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3209 - Referees—Challenge limited
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3209 - Referees—Challenge limited
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The referees may be challenged only for reasons arising after the arbitration compromise or unknown at the time of the arbitration.
History —May 8, 1951, No. 376, p. 896, § 9, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3210/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3210 - Referees—Causes for challenge; procedure
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3210 - Referees—Causes for challenge; procedure
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The referees may be challenged for the causes specified in subdivisions (2), (3), (5), (6) and (7) of § 207 of the Code of Civil Procedure.
The challenge shall be made before them.
If they do not yield to the challenge, the challenging party may renew the challenge before the judge of the part of the court in which the challenged referee, or any of them, if there be more than one, resides.
While the challenging incident is discussed before the judge of the court, the hearing on arbitration shall be suspended, and it shall be continued immediately after the court has delivered an executory pronouncement on the said challenge incident.
History —May 8, 1951, No. 376, p. 896, § 10, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3211/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3211 - Notice of intent
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3211 - Notice of intent
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When the written agreement includes a provision to settle through arbitration a dispute which may arise between the parties subsequent to said agreement or in relation thereto, the party seeking arbitration shall serve on the other party, whether personally or by registered mail, a written notice of his intent to arbitrate. Said notice shall in substance state that, unless within twenty (20) days after notice has been served, the party on whom said notice was served, in turn serves a motion to stay the arbitration, said party shall thereafter be barred from promoting a dispute concerning the existence or validity of the agreement, or the nonperformance thereof.
History —May 8, 1951, No. 376, p. 896, § 11, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3212/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3212 - Hearing
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3212 - Hearing
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The referees shall fix a date and place for the hearing and shall give notice thereof to the parties with reasonable time in advance, may suspend the same from time to time as it may be necessary, and may, on petition of any of the parties and for just cause, postpone the hearing until a later date not beyond that fixed for making the award.
All the referees shall meet and work together during the hearing, but a majority may determine any question and make final award. The court shall be empowered to direct the referees to proceed swiftly to the settlement of the dispute.
History —May 8, 1951, No. 376, p. 896, § 12, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3213/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3213 - Failure to appear
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3213 - Failure to appear
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If any of the parties fails to appear before the referees after reasonable notice of the date and place of the hearing, the referees may proceed anyway with the hearing and determination of the dispute in the absence of said party on the basis of the evidence submitted to them.
History —May 8, 1951, No. 376, p. 896, § 13, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3214/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3214 - Time for award
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3214 - Time for award
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If the term within which the award shall be made is not fixed in the arbitration agreement, the award shall be made within thirty (30) days following the termination of the hearing, and any award made after the expiration of said thirty (30) days shall have no legal effect, unless the parties, by mutual consent, agree to postpone the term within which said award may be made, or ratify any award when same is made after the expiration of the term of thirty (30) days. Any extension of the term or ratification of the award shall be made in writing and shall be signed by all the parties to the arbitration.
History —May 8, 1951, No. 376, p. 896, § 14, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3215/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3215 - Right to counsel
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3215 - Right to counsel
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Any of the parties shall have the right to be assisted by counsel in any arbitration proceedings or hearing before the referees.
History —May 8, 1951, No. 376, p. 896, § 15, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3216/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3216 - Subpoenas to witnesses; production of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3216 - Subpoenas to witnesses; production of evidence
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The referees, or a majority of them, may demand the appearance of any person as witness and that he bring with him any books, records, documents, or other evidence. The fees for said appearance shall be the same as those of the witnesses in the Court of First Instance of Puerto Rico, and shall be paid by the parties requesting such appearances.
The referees, or any of them, may issue and sign subpoenas to witnesses, which shall be addressed to the person and served in the same manner as the summonses to testify before any court of record in Puerto Rico. If any person so summoned to give testimony, refuses or fails to obey said summons, the court may, on petition of the referees or a majority of them, compel said person to appear or punish said person for contempt, in the manner provided for the appearance of witnesses in the courts of Puerto Rico.
History —May 8, 1951, No. 376, p. 896, § 16, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3217/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3217 - Admissibility; sufficiency of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3217 - Admissibility; sufficiency of evidence
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The parties may offer the evidence they may desire and shall submit such additional evidence as the referee may deem necessary to understand and determine the questions object of the dispute.
The referees shall decide upon the relevance of the evidence submitted by the parties and the acceptance thereof, without having to conform with the rules of evidence.
All the evidence shall be submitted in the presence of all the referees and of all the parties concerned, except when any of the parties is in default or has forfeited his right to be present.
History —May 8, 1951, No. 376, p. 896, § 17, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3218/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3218 - Testimony
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3218 - Testimony
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Sworn testimony may be taken in the same manner and on the same grounds as are provided by law and by the Rules of Civil Procedure.
History —May 8, 1951, No. 376, p. 896, § 18, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3219/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3219 - Award—Orders for property maintenance or to insure fulfillment
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3219 - Award—Orders for property maintenance or to insure fulfillment
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At any time before the final determination of the arbitration the court may, on request of any of the parties, issue such orders as it may deem necessary for the maintenance of the property or to insure the fulfillment of the award to be made.
History —May 8, 1951, No. 376, p. 896, § 19, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3220/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3220 - Award—Form
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3220 - Award—Form
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The award shall be made in writing and shall be signed by the referees or a majority of them. The referees shall deliver a copy thereof to each of the parties or their counsel.
History —May 8, 1951, No. 376, p. 896, § 20, eff. 90 days after May 8, 1951.
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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-259/3221/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576)›Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a)›PART V - Other Actions (§§ 2951 — 3355a)›Chapter 259 - Arbitration (§§ 3201 — 3229)›§ 3221 - Award—Confirmation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3221 - Award—Confirmation
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At any time within the year following the award, unless the parties by mutual consent postpone the term in writing, any of the parties may request from the court an order confirming the award, and the court shall issue same unless the award is reversed, modified, or corrected, as provided in §§ 3223 and 3224 of this title. Written notice of the request shall be served on the opposing party or his counsel five (5) days in advance of the hearing thereof. The validity of an award which is otherwise valid shall not be affected by the fact that no motion has been filed for its confirmation.
History —May 8, 1951, No. 376, p. 896, § 21, eff. 90 days after May 8, 1951.
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