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https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353i/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353i - Trust Advisor—Definition and duties
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353i - Trust Advisor—Definition and duties
A trust advisor shall be any person other than a trustee who, under the terms of the trust or through a court order, has a power with respect to a trust, including, but not limited to one or more of the following: (a) To modify or amend the terms of the trust to achieve favorable tax status or respond to changes in any applicable federal or Puerto Rico laws affecting the trust, including, but not limited to any regulations, guidelines, administrative decisions, or rulings implementing such laws; (b) To amend or modify the terms of the trust to take advantage of or respond to changes in any applicable federal or Puerto Rico laws affecting, benefitting, or restricting the terms of the trust and administration thereof, including regulations, guidelines, administrative decisions, or rulings implementing such laws; (c) To appoint a successor trust advisor or successor trustee absent an express or appropriate mechanism, or for the reasons provided in the terms of the trust; (d) To review and approve a trustee’s trust reports or accountings; (e) To remove or replace any trust protector on the grounds stated in the trust instrument; (f) To consent to the actions of a trustee or cotrustee when making distributions in a trust; (g) To consent to the actions of a trustee or cotrustee regarding investments, property, or other trust assets. History —Aug. 31, 2012, No. 219, § 43.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353j/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353j - Rights of creditors
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353j - Rights of creditors
Creditors shall have the following rights with regards to the trust’s property, subject matter, or principal: (a) Except as expressly provided in subsections (b) and (c) of this section, a creditor of the beneficiary of a trust shall have over or with regards to such beneficiary’s interest or the property under said trust those rights that have been expressly granted thereto by the terms of the instrument that creates or defines the trust or by the laws of Puerto Rico. The provisions of this subsection shall take effect and in no way be limited by the nature or extent of the beneficiary’s interest, whether or not such interest is subject to the discretion of one or more trustees, and even if the beneficiary has taken or is about to take any action. (b) Any interest in a trust, in trust property, or in income of any of these that is not subject to the rights of a beneficiary’s creditors pursuant to this section shall be exempt from foreclosure, attachment, eviction, auction, and any other remedy or legal proceedings filed by or on behalf of any creditor, including, without any limitation, legal actions or claims against one or more trustees or other beneficiaries seeking a remedy that directly or indirectly affect the beneficiary’s interest, such as, for example and without limitation, an order issued at the request of a creditor or the court itself that could: (1) Compel the trustee or a beneficiary to notify a creditor about any distribution made or to be made. (2) Compel the trustee or beneficiary to make a distribution despite the fact that such distributions may or may not be subject to the trustee’s discretion; or (3) Forbid the trustee or beneficiary from making a distribution despite the fact that such distributions may or may not be subject to the trustee’s discretion. Except as provided in this chapter or the terms of the trust, no trustee shall be liable to any beneficiary’s creditor for payments, expenses, debts or obligations of such beneficiary. History —Aug. 31, 2012, No. 219, § 44.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353k/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353k - Liability for breach of trust
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353k - Liability for breach of trust
A trustee who commits a breach of trust shall be liable for any loss or depreciation of trust property resulting from such breach. The trustee shall also be liable for any profit made by him through breach of trust, of for any profit that would have accrued to the trust property if there had been no breach of trust. However, a trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the action or omission constituting the breach, held the trustee harmless, or ratified such action or omission. History —Aug. 31, 2012, No. 219, § 45.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353l/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353l - Joint liability of trustees
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353l - Joint liability of trustees
If there is more than one trustee and all trustees commit breach of trust, they shall be held jointly liable to the trust. History —Aug. 31, 2012, No. 219, § 46.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353m/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353m - Prudent investor rule
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353m - Prudent investor rule
With regards to trusts, the prudent investor rule sets forth that: (a) General rule.— (1) Except as otherwise provided in subsection (b) of this section, a trustee who invests and manages trust property owes a duty to the trust’s beneficiaries to comply with the prudent investor rule set forth herein. (2) The prudent investor rule may be expanded, restricted, eliminated, or otherwise altered by the provisions of a trust. A trustee is not liable to a beneficiary to the extent that the trustee acted in reasonable reliance on the provisions of the trust. (b) Standard of care; portfolio strategy; risk and return objectives.— (1) A trustee shall invest and manage trust assets as a prudent investor would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this requirement, the trustee shall exercise reasonable care, skill, and caution. (2) A trustee’s investment and management decisions regarding individual assets shall not be evaluated in isolation, but in the context of the trust portfolio and as a part of an overall investment strategy having risk and return objectives reasonably suited to the trust. (3) Among circumstances that a trustee shall consider in investing and managing trust assets are the following, as are relevant to the trust or its beneficiaries: (A) The general economic conditions; (B) the possible effect of inflation or deflation; (C) the expected tax consequences of investment decisions or strategies; (D) the role that each investment or course of action plays within the overall trust portfolio, which may include financial assets, interests in closely held enterprises, tangible personal property, and real property; (E) the expected total return from income and the appreciation of capital; (F) other resources of the beneficiaries; (G) needs for liquidity, regularity of income, and preservation or appreciation of capital; and (H) An asset’s special relationship or special value, if any, to the purposes of the trust or to one or more of the beneficiaries. (4) A trustee shall make a reasonable effort to verify facts relevant to the investment and management of trust assets. (5) A trustee may invest in any kind of property or type of investment that is consistent with the standards of this chapter. (6) A trustee who has special skills or expertise, or is named trustee in reliance upon the trustee’s representation that he/she has special skills or expertise, has a duty to use those special skills or expertise. (c) A trustee shall diversify the investments of a trust unless the trustee reasonably determines that, because of special circumstances, the purposes of the trust are better served without diversifying. (d) Compliance with the prudent investor rule shall be determined in light of the facts and circumstances existing at the time of a trustee’s decision or action and not by hindsight. History —Aug. 31, 2012, No. 219, § 47.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353n/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353n - Immunity of successor trustee
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353n - Immunity of successor trustee
Except as otherwise provided in the terms of the trust or a court order, a successor trustee appointed under the terms and conditions of the trust or by the court shall not be required or have the duty to review the records, accounts, accounting, or reports of a predecessor trustee, or to inquire about the actions or omissions of the predecessor trustee. Nor shall the trustee be liable for any fault or failure to request or obtain any remedy or redress for any action or omission of a predecessor trustee. The successor trustee shall only be liable for the property, assets, or investments handed over to him by the predecessor trustee, the trustor or trustees, or the beneficiary or beneficiaries. The successor trustee shall have all the powers and discretion granted to predecessor trustees under the terms of the trust. History —Aug. 31, 2012, No. 219, § 48.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353o/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353o - Reimbursement and repayment between cotrustees
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353o - Reimbursement and repayment between cotrustees
If two trustees are liable to the beneficiary due to breach of trust, a trustee is entitled to a proportional contribution from the other trustee unless: (a) One trustee was substantially more at fault than the other, in which case the former shall not be entitled to contribution from the other trustee; (b) one trustee received personal benefit from the breach of trust, in which case such trustee shall reimburse the other trustee to the extent of the benefit received. If a trustee committed the breach of trust in bad faith, such trustee shall not be entitled to a proportional contribution or reimbursement from cotrustees. A trustee who acts in bad faith shall not be entitled to a contribution or reimbursement. History —Aug. 31, 2012, No. 219, § 49.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353p/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353p - Attachment or execution of the beneficiary’s interest
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353p - Attachment or execution of the beneficiary’s interest
The beneficiary’s creditors may attach or execute the beneficiary’s interest to satisfy claims against the beneficiary, unless: (a) The trust property is non-attachable according to the law; (b) the trustor provided for the prohibition of voluntary or involuntary alienation of the interest of a beneficiary who is entitled to receive the principal at a future date; (c) the trust determines that the interest of the income beneficiary shall end if the beneficiary’s creditors attach or execute such interest or if the same is adjudicated in bankruptcy proceedings; (d) the trust was created for a group of people as beneficiaries and the interest of each one is non-severable from the others; (e) the terms of the trust provide that the trustee shall allocate portions of income or principal as are necessary for the education or support of the beneficiary; (f) the interest of the beneficiary is a highly personal interest; or (g) the trust has a spendthrift provision setting forth that the income beneficiary’s interest shall not be subject to voluntary or involuntary transfer, except in those circumstances and to the extent set forth in § 3353q of this title. History —Aug. 31, 2012, No. 219, § 50.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353q/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353q - Ineffectiveness of spendthrift provision with respect to the income beneficiary
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353q - Ineffectiveness of spendthrift provision with respect to the income beneficiary
Notwithstanding a spendthrift provision included in a trust as provided in subsection (g) of § 3353p of this title, an income beneficiary’s creditor or assignee may reach the beneficiary’s income interest by means of attachment or execution in the following circumstances and extension: (a) Income earned or to be earned in the future in excess of $36,000 annually shall be subject to attachment or execution by an income beneficiary’s creditor or assignee. (b) When the creditor’s claim to his assignee is for: (1) the support of the beneficiary’s spouse or child; (2) the payment of alimony or child support ordered by court for a beneficiary’s former spouse or child; (3) the payment of essential services or goods rendered or delivered to the beneficiary; (4) the payment of a judgment against the beneficiary involving tort liability, the court may order the trustee to satisfy the claim in question, or part thereof, against the amount exempt in subsection (a) of this section when, in his judgment, justice so warrants, taking into account all the circumstances, including the trustor’s express intention. History —Aug. 31, 2012, No. 219, § 51.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353r/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353r - Debt of the beneficiary
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353r - Debt of the beneficiary
The beneficiary’s interest shall be reached to fulfill his obligations when: (a) The beneficiary has an outstanding debt with the trustor-testator, unless the testator had cancelled the debt or expressed his intention to allow the beneficiary to enjoy his interest in the trust despite not having satisfied the debt; (b) the beneficiary has an outstanding debt with the trustee in his capacity as such. In case of a debt with the trustee in the latter’s personal capacity but resulting from the administration of the trust, the beneficiary’s interest shall not be reached unless otherwise agreed on with the trustee; or (c) one of the beneficiaries has an obligation to the others for misappropriation or any other kind of intervention with the trust property resulting in loss. History —Aug. 31, 2012, No. 219, § 52.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353s/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353s - Actions of trustee against third-parties
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353s - Actions of trustee against third-parties
The trustee may initiate actions against third parties on his own motion if the trustee holds the trust property. However, if the trustee unduly fails to initiate an action, the beneficiary may do so joining the trustee as a co-defendant. History —Aug. 31, 2012, No. 219, § 53.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353t/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353t - Acquisition of trust property title
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353t - Acquisition of trust property title
Whenever a trustee transfers or alienates trust property without committing breach of trust, the third party gains clear title from the trust and is not held liable to the beneficiary. If the trustee, in breach of trust, transfers or alienates trust property to a third party for valuable consideration, the latter shall hold clear title from the trust and shall not be liable to the beneficiary; provided, that such third party was unaware of the trustee’s breach of trust or the unlawfulness of the transaction whereby such assets were acquired. If the trustee, in breach of trust, transfers or alienates trust property to a third party who did not acquire such property in good faith, in accordance with the provisions of the previous paragraph, and such third party later transfers his interest to a purchaser in good faith, the latter shall hold clear title from the trust. History —Aug. 31, 2012, No. 219, § 54.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353u/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353u - Liability of a third-party acquirer in bad faith who has not disposed of the assets
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353u - Liability of a third-party acquirer in bad faith who has not disposed of the assets
If the trustee, in a breach of trust, transfers or alienates trust property to a third-party acquirer in bad faith who has not subsequently disposed thereof, said acquirer may be compelled to: (a) Return such assets to the trust along with the income earned therefrom; (b) pay the value the assets had upon receipt thereof; or (c) in the event that said third party refused to return the assets to the trust, pay the value thereof as of the time of such refusal, plus interest. The beneficiary shall encumber the assets, or the proceeds of their disposition, to guarantee they can be reclaimed. History —Aug. 31, 2012, No. 219, § 55.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353v/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353v - Liability of a third-party acquirer in bad faith who has disposed of the assets
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353v - Liability of a third-party acquirer in bad faith who has disposed of the assets
If, under the same circumstances of § 3353u of this title, the third-party acquirer in bad faith has disposed of the assets, said acquirer may be compelled to: (a) Return the proceeds of their sale and the income received from such assets and the product of their sale; (b) return the proceeds of their sale with interest, plus the income received before the sale thereof; (c) pay the value of the assets as of the time the judgment was entered, plus the income generated therefrom; or (d) pay the value of the assets as of the time of disposability thereof, plus interest. The beneficiary shall encumber the assets, or the proceeds of their disposition, to guarantee they can be reclaimed. History —Aug. 31, 2012, No. 219, § 56.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353w/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353w - Rights of the third-party acquirer in bad faith
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353w - Rights of the third-party acquirer in bad faith
A third-party acquirer in bad faith may claim payment for: (a) The amount paid to the trustee for the assets insofar as the trust would have received benefit or such third-party acquirer would have satisfied any lien on such assets; and (b) expenses incurred by such acquirer for the repair of such assets and the improvements that may have increased their value, insofar as such acquirer was unaware of the trustee’s breach of trust. The beneficiary shall encumber the assets, or the proceeds of their disposition, to guarantee they can be reclaimed. History —Aug. 31, 2012, No. 219, § 57.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353x/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353x - Causes for ineffectiveness of private trusts
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353x - Causes for ineffectiveness of private trusts
A private trust may be ineffective on the same grounds that any other legal transaction may be according to general rules. History —Aug. 31, 2012, No. 219, § 58.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353y/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353y - Nullity of a provision
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353y - Nullity of a provision
If a provision of the trust instrument is null for any reason the remaining provisions thereof shall only become null if the null provision is not severable from them without undermining the purposes for which the trust was created. History —Aug. 31, 2012, No. 219, § 59.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353z/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353z - Effects of nullity
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353z - Effects of nullity
Unless the trustor has expressly manifested an intention to the contrary, the trust property shall be reverted to the trustor or his heirs, free from trust, if: (a) The purposes of the trust are fulfilled without exhausting the assets, unless it was constituted for valuable consideration and paid by a third-party, in which case said third-party shall hold the assets; (b) the trust was created for a term greater than that allowed by this Code, except as provided in the second paragraph of § 3351e of this title; (c) the trustee holds the title or use of the trust property in a manner contrary to the terms of the trust, or derives a personal gain or benefit as a result of the confidence placed on him; (d) the inter vivos trust does not meet the formal requirements of § 3453 of Title 31, and neither the trustor nor the trustee or the beneficiary invoke the rights granted thereto by § 3452 of Title 31; or (e) a charitable trust created gratuitously becomes null because its purposes cannot be fulfilled or are fulfilled without exhausting the assets, unless the rule set forth in Article 68 can be applied (Cy Pres rule); (f) a charitable trust may be null because it is unlawful. History —Aug. 31, 2012, No. 219, § 60.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-ii/3353aa/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter II - Private Trusts (§§ 3352 — 3353aa)›§ 3353aa - Termination of trust
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353aa - Termination of trust
A trust shall terminate when: (a) The trust purpose is fulfilled; (b) the term of the trust has expired or the event that causes the trust termination has occurred; (c) there is an absolute lack of the necessary conditions for its execution, or the condition for its execution is not met within the term stipulated; (d) the trust purposes become unlawful or impossible to fulfill, unless it is a charitable trust to which the provisions of Section 68 may be applied (Cy Pres rule); (e) ordered or authorized by the court if, because of circumstances not known to or anticipated by the trustor, the accomplishment of trust purposes would be defeated; (f) all the beneficiaries agree thereto if they are all determined and capable, unless continuation of the trust is necessary to fulfill an essential purpose thereof. However, if any of the beneficiaries is not determined or is unfit, or if any of them does not consent to the premature termination of the trust, the remaining beneficiaries may partially terminate the trust with the consent of the trustor insofar as those remaining beneficiaries do not incur damages; (g) the beneficiary resigns, becomes incapacitated, is removed or rejected, or dies, provided that the clear intention of the trustor was that only such person could be the trustee; (h) the object upon which it was constituted is destroyed. However, if the destruction of the object of the trust is the fault of the trustee or a third party, the trust shall not terminate and its estate shall be cause of action against the trustee for breach of trust or against the third party under tort liability; (i) a resolution of the right of the trustor over the trust property; or (j) there is a confusion between the capacity as sole beneficiary and that of sole trustee; Regardless of the existence of a cause for termination, the trust shall subsist until the entirety of the trust property has been distributed to whom it rightfully belongs, the purposes for which it was constituted have been fulfilled, inventory has been taken and the final accounts have been deemed correct, and the trustee is relieved of his trustee duties and responsibilities as such. (k) the parties that created the trust have expressly and personally agreed to its termination. History —Aug. 31, 2012, No. 219, § 61.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iii/3354/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter III - Charitable Trust (§§ 3354 — 3354f)›§ 3354 - Concept and term
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354 - Concept and term
A charitable trust is a trust created for the benefit of society in general or a considerable sector thereof. Its term may be indefinite or perpetual. History —Aug. 31, 2012, No. 219, § 62.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iii/3354a/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter III - Charitable Trust (§§ 3354 — 3354f)›§ 3354a - Beneficiary of charitable trusts
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354a - Beneficiary of charitable trusts
A charitable trust may be created even if no particular or clearly identifiable beneficiaries are designated. If the charitable trust has multiple trustees, the powers granted thereto by this chapter may be exercised by a majority vote unless the terms of the trust provide otherwise. History —Aug. 31, 2012, No. 219, § 63.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iii/3354b/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter III - Charitable Trust (§§ 3354 — 3354f)›§ 3354b - Constitution and administration
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354b - Constitution and administration
The provisions set forth in the third paragraph of § 3351e, and the provisions of §§ 3352, 3352b-3352e, 3352g, 3352h, 3352l, 3352n-3352r, 3352t, 3352v, 3352w-3353, 3353d, 3353j, 3353l-3353p, 3353t-3353x and 3354 of this title shall apply to the creation and administration of charitable trusts. Any reference to trustees made in such sections shall be construed to include those of charitable trusts or persons empowered to enforce a charitable trust in accordance with the provisions of § 3355 of this title. History —Aug. 31, 2012, No. 219, § 64.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iii/3354c/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter III - Charitable Trust (§§ 3354 — 3354f)›§ 3354c - Charitable purposes
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354c - Charitable purposes
There shall be understood as charitable purposes: (a) The relief of poverty; (b) the advancement of education or religion, and the promotion of health; (c) governmental or municipal purposes, such as building and maintaining monuments, statues, public parks, and similar sites; (d) any other purpose the achievement of which is beneficial to the community in general, particularly if they are philanthropic, cultural, religious, or scientific in nature. History —Aug. 31, 2012, No. 219, § 65.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iii/3354d/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter III - Charitable Trust (§§ 3354 — 3354f)›§ 3354d - Validity or nullity of charitable trust
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354d - Validity or nullity of charitable trust
A charitable trust shall fail if: (a) The trustor does not identify the purpose for which the trust property is set aside; (b) the trust property or the income generated thereby may be devoted to private use. However, if the terms of the trust indicate that the trustee shall allocate the assets partly for private and partly for public use, but fail to indicate a beneficiary, the trust shall fail with respect to such section, but be valid for charitable purposes with respect to the rest. A charitable trust shall be valid even if, under the terms thereof, it is the trustee who shall select which charities to support insofar as the trustee is fit to make such selection. History —Aug. 31, 2012, No. 219, § 66.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iii/3354e/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter III - Charitable Trust (§§ 3354 — 3354f)›§ 3354e - Modification of charitable trust (Cy Pres Rule)
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354e - Modification of charitable trust (Cy Pres Rule)
If a trust is created and its assets are intended for a particular charitable purpose that becomes unlawful, impracticable, or impossible to achieve, the trust shall not fail. In that case, the court shall instruct the trustee to apply the assets to another charity that falls within the general intention of the trustor. However, if the trustor has provided in the trust instrument that, upon the trust’s termination, the assets shall revert to him or his heirs, such provision shall prevail over any power of the court to apply the aforementioned cy pres rule. History —Aug. 31, 2012, No. 219, § 67.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iii/3354f/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter III - Charitable Trust (§§ 3354 — 3354f)›§ 3354f - Standing to enforce a charitable trust
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354f - Standing to enforce a charitable trust
The Secretary of Justice, a cotrustee, or a person with a special interest in the fulfillment of the trust’s purposes may enforce such charitable trust by exercising the remedies provided for in this chapter. An entity with purposes similar to those of the trust shall have standing to request the removal of a trustee for substantial breach of trust, and its own appointment as successor trustee. History —Aug. 31, 2012, No. 219, § 68.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iv/3355/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter IV - Final Provisions (§§ 3355 — 3355a)›§ 3355 - Default rule
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter IV - Final Provisions (§§ 3355 — 3355a) › § 3355 - Default rule
Should there be any issue that this chapter fails to provide for, or if any of its provisions require interpretation, U.S. doctrines and case law regarding trusts shall govern unless something else is necessarily inferred from any of the provisions of this Act or if there is an express referral to Puerto Rico legislation. History —Aug. 31, 2012, No. 219, § 69.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-4/part-v/chapter-266/subchapter-iv/3355a/
PR
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 266 - Trust Act (§§ 3351 — 3355a)›Subchapter IV - Final Provisions (§§ 3355 — 3355a)›§ 3355a - Other statutes of limitation
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter IV - Final Provisions (§§ 3355 — 3355a) › § 3355a - Other statutes of limitation
Except as provided in §§ 3351e and 3354b of this title, the limitation set forth in the laws of Puerto Rico and the standards for the application thereof that are currently in effect shall govern the actions resulting from the provision of this chapter. History —Aug. 31, 2012, No. 219, § 70.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-281/3391/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 281 - Quo Warranto (§§ 3391 — 3397)›§ 3391 - Definition
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3391 - Definition
A quo warranto is a writ by which the Commonwealth of Puerto Rico commences an action to recover an office or franchise from the person or corporation in possession of same. History —Code Civil Proc., 1933, § 640.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-281/3392/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 281 - Quo Warranto (§§ 3391 — 3397)›§ 3392 - Grounds; petition; parties
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3392 - Grounds; petition; parties
In case any person should usurp, or unlawfully hold or execute any public office or should unlawfully make use of any franchise, or likewise shall hold any office in any corporation created by and existing under the laws of Puerto Rico, or any public officer shall have done or suffered any act which, by the provisions of the law, involves a forfeiture of his office, or any association or number of persons shall act within Puerto Rico as a corporation, without being legally incorporated, or any corporation does or omits any act which amounts to a surrender or forfeiture of its rights and privileges as a corporation, or exercises rights not conferred by law, the Secretary of Justice, or any prosecuting attorney of the respective part of the Court of First Instance, either on his own initiative or at the instance of another person, may file before any part of the Court of First Instance of Puerto Rico a petition for an information [sic] in the nature quo warranto in the name of the Commonwealth of Puerto Rico; or whenever any corporation, by itself or through any other subsidiary or affiliated entity or agent, exercises rights, performs acts, or makes contracts in violation of the express provisions of the Constitution of Puerto Rico or any of its statutes, the Secretary of Justice or any prosecuting attorney, either on his own initiative or at the instance of another person, may file before the Supreme Court of Puerto Rico a petition for an information in the nature of quo warranto in the name of the Commonwealth of Puerto Rico; and if from the allegations such court shall be satisfied that there is probable grounds for the proceeding, the court may grant the petition and order the information accordingly. Where it appears to the court that the several rights of diverse parties to the same office or franchise may properly be determined on the same proceeding, the court may give leave to join all such persons in the same petition, in order to try their respective rights to such office or franchise. When any corporation by itself or through any other subsidiary or affiliated entity or agent is unlawfully holding, under any title, real estate in Puerto Rico, the Commonwealth of Puerto Rico may, at its option, through the same proceedings, institute in its behalf the confiscation of such property, or the alienation thereof at public auction, within a term of not more than six (6) months counting from the date on which final sentence is rendered. In every case, alienation or confiscation shall be through the corresponding indemnity as established in the Law of Eminent Domain, §§ 2901-2913 of this title. History —Code Civil Proc., 1933, § 641; Aug. 7, 1935, No. 47, p. 530, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-281/3393/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 281 - Quo Warranto (§§ 3391 — 3397)›§ 3393 - Summons
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3393 - Summons
On the filing of such petition, the secretary shall issue a summons returnable in ten (10) days, but if any defendant resides out of Puerto Rico, he may be served in the same manner and with like effect as in other suits. History —Code Civil Proc., 1933, § 642.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-281/3394/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 281 - Quo Warranto (§§ 3391 — 3397)›§ 3394 - When defendant required to plead
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3394 - When defendant required to plead
Every defendant, who shall be summoned or served with a copy of the petition as required in §§ 3391-3397 of this title, shall be held to plead to the petition on the return day of the summons, or when served with a copy of the information at the expiration of the time as may be granted by the court, or in default thereof judgment may be taken nihil dicit. History —Code Civil Proc., 1933, § 643.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-281/3395/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 281 - Quo Warranto (§§ 3391 — 3397)›§ 3395 - Time allowed to plead, reply, or demur
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3395 - Time allowed to plead, reply, or demur
The court in which any information, as aforesaid, is filed, may allow the relator or any defendant such convenient time to plead, reply or demur, as it shall deem just and reasonable. History —Code Civil Proc., 1933, § 644.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-281/3396/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 281 - Quo Warranto (§§ 3391 — 3397)›§ 3396 - Judgment; sale of land; fine
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3396 - Judgment; sale of land; fine
In case any person or corporation against whom any such petition is filed, is adjudged guilty, the court may give judgment of ouster against such person or corporation from the office or franchise to which the petition refers, and fine such person or corporation for usurping, intruding in, or unlawfully holding and executing such office or franchise, and also give judgment [against] the defendant for the costs of the prosecutions; Provided, That whenever sentence is pronounced declaring that the defendant has usurped or is unlawfully exercising the function of any public office, said defendant must cease immediately in said office, and abandon the same; and if he fails to do so, the court, on petition of the Secretary of Justice or of any person interested in the office, shall issue an order to the marshal compelling him to oust the defendant from office. Whenever, in the opinion of the court, it is satisfactorily established that the corporation or corporations have performed acts or exercised rights not conferred by law, or in violation of the express provisions thereof, the judgment entered shall, in case the defendant is a domestic corporation, decree the dissolution thereof and the prohibition to continue doing business in the country; and in the case of a foreign corporation, the nullity of all acts done and contracts made by the defendant corporation or entity; and in addition, said judgment shall decree the cancellation of every entry or registration made by the said corporations in the public registries of Puerto Rico; and when the decree of nullity affects real property, and the Commonwealth of Puerto Rico has chosen to confiscate it or orders it sold at public auction, the final judgment shall fix the reasonable price to be paid for said property. For these purposes, the just value of the property subject to alienation or confiscation shall be fixed in the same manner as it is fixed in cases of condemnation proceedings. For the purpose of carrying out the provisions of this section, the Supreme Court is hereby empowered to appoint receivers who, [on] behalf and with the approval of the Supreme Court shall have exclusive charge of the liquidation and sale of the property of the corporation or corporations affected. In all cases the receivers shall give preference, in the acquisition of lands, to the Land Authority of Puerto Rico, which shall have a legal preferential option for the purchase of said lands for the fair price fixed by final judgment. The receivers thus appointed shall be bound to initiate the sale of the lands within a period of not to exceed six (6) months from the date the receivership is established. The Land Authority shall have a preferential right to purchase said lands for the fair value thereof, within a period of not to exceed one (1) year, during which time said lands cannot be sold to any other person or entity. Said period of one (1) year may be extended for one (1) year more, with the approval of the Governor. After this period or periods, the lands shall be sold at public auction and the Land Authority may bid at the auction sale held to dispose of such lands. The Authority shall be entitled to priority or preference in the purchase of such lands at the public auction in those cases where it may bid a price equal to that offered by the highest bidder. The edicts advertising the public sale shall so recite. The violation of an order prohibiting the doing of business after final judgment is rendered shall be punished by a maximum fine of five hundred (500) dollars for each day such entity may continue in operation, enforceable on the property of the entity, and the persons representing it shall be guilty of contempt of court, punishable by imprisonment for a minimum term of from one (1) to six (6) months in jail. Whenever judgment is rendered in favor of any defendant, such defendant may recover costs from the plaintiff, including a reasonable attorney’s fee. For the purpose of fixing the value of the property, the Commonwealth of Puerto Rico, through its agents or representatives, is authorized to enter the properties the object of the controversy, whatever their nature or condition may be. History —Code Civil Proc., 1933, § 645; Aug. 7, 1935, No. 47, p. 530; May 14, 1941, No. 183, p. 1382.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-281/3397/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 281 - Quo Warranto (§§ 3391 — 3397)›§ 3397 - Appeals
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3397 - Appeals
Appeals and writs of error may be taken and prosecuted in the same manner as in all other civil actions. History —Code Civil Proc., 1933, § 646.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-283/3421/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 283 - Mandamus (§§ 3421 — 3433)›§ 3421 - Definition
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3421 - Definition
Mandamus is a high prerogative writ issuing out of the Supreme Court or Court of First Instance of Puerto Rico, in the name of the Commonwealth of Puerto Rico, directed to any natural person, persons, company or corporation or inferior court of judicature within its jurisdiction requiring them to do some particular act therein specified and which appertains to their office or duty. It confers no new authority and the party to be coerced must have the power to perform the act. History —Code Civil Proc., 1933, § 649.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-283/3422/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 283 - Mandamus (§§ 3421 — 3433)›§ 3422 - Issuance
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3422 - Issuance
The writ of mandamus may be issued by the Supreme Court or the Court of First Instance, or any justice or judge thereof, during the term or at chambers, to any inferior tribunal, corporation, board or person to compel the performance of any act which the law especially enjoins as a duty resulting from an office, trust or station, but though it may require an inferior tribunal or any judge thereof, to exercise this judgment, or proceed to the discharge of any of its functions, it cannot control judicial discretion. History —Code Civil Proc., 1933, § 650.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-283/3423/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 283 - Mandamus (§§ 3421 — 3433)›§ 3423 - Restriction of issuance; information
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3423 - Restriction of issuance; information
This writ may not be issued in any case where there is plain and adequate remedy in the ordinary course of the law. It may be issued on the information of the party beneficially interested. History —Code Civil Proc., 1933, § 651.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-283/3431/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 283 - Mandamus (§§ 3421 — 3433)›§ 3431 - Judgment; damages; costs; peremptory mandamus
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3431 - Judgment; damages; costs; peremptory mandamus
If judgment be given for the plaintiff, he shall recover the damages that he shall have sustained, to be ascertained by the court as in a civil action, and costs; and a peremptory mandamus shall also be granted to him without delay. History —Code Civil Proc., 1933, § 659.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-283/3432/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 283 - Mandamus (§§ 3421 — 3433)›§ 3432 - Recovery as bar to other actions
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3432 - Recovery as bar to other actions
A recovery of damages by virtue of this chapter against the parties who shall have made a return to a writ of mandamus is a bar to any other action against the same party for the making of such return. History —Code Civil Proc., 1933, § 660.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-283/3433/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 283 - Mandamus (§§ 3421 — 3433)›§ 3433 - Fine for failure of public officer to perform duties
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3433 - Fine for failure of public officer to perform duties
Whenever a peremptory mandamus is directed to any public officer, body or board commanding the performance of any public deed specially enjoined by law, if it appear to the court that such officer or any member of such body or board has, without just excuse, refused or neglected to perform the duties so enjoined, the court may impose a fine not exceeding five hundred (500) dollars upon every such officer or member or [of] such body or board. Such fine when collected shall be paid into the Treasury of Puerto Rico, and the payment thereof is a bar to the action for any penalty incurred by such officer or member of such body or board by reason of the refusal or neglect to perform the duties so enjoined. History —Code Civil Proc., 1933, § 661.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-285/3461/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 285 - Prohibition (§§ 3461 — 3464)›§ 3461 - Definition
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 285 - Prohibition (§§ 3461 — 3464) › § 3461 - Definition
A writ of prohibition is a writ issued by a superior court directed to the judge and parties of a suit in an inferior court commanding them to cease from the prosecution of the same, upon a suggestion that the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction but to the cognizance of some other court; or when by the exercise of its jurisdiction the inferior court will defeat a legal right or to prevent a judge from granting a new trial after the expiration of the trial term. History —Code Civil Proc., 1933, § 664.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-285/3462/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 285 - Prohibition (§§ 3461 — 3464)›§ 3462 - Courts authorized to issue
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 285 - Prohibition (§§ 3461 — 3464) › § 3462 - Courts authorized to issue
The Supreme Court and the Court of First Instance are hereby authorized and empowered to issue writs of prohibition. History —Code Civil Proc., 1933, § 665.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-285/3463/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 285 - Prohibition (§§ 3461 — 3464)›§ 3463 - Application; contents
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 285 - Prohibition (§§ 3461 — 3464) › § 3463 - Application; contents
Writs of prohibition shall be applied for upon affidavit, by petition in the same manner as writs of mandamus, and if the cause shown shall appear to the court to be sufficient a writ shall thereupon be issued, which shall command the court and party to whom it shall be directed to desist and refrain from any further proceedings in the suit or matter specified therein, until the further order of the court issuing same, and then to show cause why they should not be absolutely restrained from any further proceedings in such suit or matter. Providing, That a writ of prohibition cannot be issued to restrain any action of inferior courts properly reviewable by appeal. History —Code Civil Proc., 1933, § 666.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-285/3464/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 285 - Prohibition (§§ 3461 — 3464)›§ 3464 - Service; return
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 285 - Prohibition (§§ 3461 — 3464) › § 3464 - Service; return
Such writ shall be served upon the court and party to whom it shall be directed in the same manner as a writ of mandamus, and a return shall in like manner be made thereto by such court which may be enforced by attachment. History —Code Civil Proc., 1933, § 667.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-287/3491/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 287 - Certiorari (§§ 3491 — 3493)›§ 3491 - Definition
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 287 - Certiorari (§§ 3491 — 3493) › § 3491 - Definition
The writ of certiorari is a writ issued by a superior to an inferior court requiring the latter to send to former certified copy of some proceeding therein pending, or the record and proceedings in some cause already terminated in cases where procedure is not according to the course of the law, and to complete the proceedings when the lower court refuses to do so upon erroneous grounds. History —Code Civil Proc., 1933, § 670.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-287/3492/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 287 - Certiorari (§§ 3491 — 3493)›§ 3492 - Courts authorized to issue
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 287 - Certiorari (§§ 3491 — 3493) › § 3492 - Courts authorized to issue
The Supreme Court and the Circuit Court of Appeals are hereby authorized and empowered to issue writs of certiorari only under the terms and situations provided in the “Puerto Rico Judiciary Act of 1994”, and in the Rules of Civil, Criminal and Minors’ Affairs Procedures. History —Code Civil Proc., 1933, § 671; Dec. 25, 1995, No. 250, § 2; Dec. 18, 1997, No. 151, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-287/3493/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 287 - Certiorari (§§ 3491 — 3493)›§ 3493 - Procedure
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 287 - Certiorari (§§ 3491 — 3493) › § 3493 - Procedure
All writs of certiorari issued by any court, pursuant to [the] provisions of §§ 3491-3493 of this title, shall bear the stamp of the issuing court, and all such writs shall be requested in the form and manner provided by §§ 3491-3493 of this title, as well as by the applicable provisions of the “Puerto Rico Judiciary Act of 1994,” by the Rules of Civil and Criminal Procedure, and by the rules approved by the Supreme Court, pursuant to such laws and rules. History —Code Civil Proc., 1933, § 672; Dec. 25, 1995, No. 250, § 2, eff. May 1, 1996.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-289/3521/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 289 - Injunctions Generally (§§ 3521 — 3533)›§ 3521 - Definition
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3521 - Definition
An injunction is a judicial command in writing issued under the seal of a court directing a person to refrain from doing or permitting to be done by others under his control a particular act which violates a right of another. History —Code Civil Proc., 1933, § 675.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-289/3522/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 289 - Injunctions Generally (§§ 3521 — 3533)›§ 3522 - Who may issue
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3522 - Who may issue
The Supreme Court, or any judge thereof, may issue injunctions to enforce the jurisdiction of said court under the regulations prescribed by law, and the judges of the Court of First Instance may issue injunctions in all cases in which such process may be properly issued. History —Code Civil Proc., 1933, § 676.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-289/3523/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 289 - Injunctions Generally (§§ 3521 — 3533)›§ 3523 - Grounds
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3523 - Grounds
An injunction may be granted in the following cases: (1) When it appears by the complaint that the plaintiff is entitled to the relief demanded and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of either for a limited period or perpetually. (2) When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste or great or irreparable injury to a party to the action. (3) When it appears during the litigation that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action and tending to render the judgment ineffectual. (4) Where pecuniary compensation would not afford adequate relief. (5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief. (6) Where the restraint is necessary to prevent a multiplicity of judicial proceedings. (7) Where the obligation arises from a trust. History —Code Civil Proc., 1933, § 677.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-289/3524/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 289 - Injunctions Generally (§§ 3521 — 3533)›§ 3524 - Cases in which prohibited
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3524 - Cases in which prohibited
An injunction or restraining order cannot be granted: (1) To stay a judicial proceeding which is being prosecuted at the time the action soliciting the injunction is filed unless the restraint is necessary to prevent a multiplicity of such proceedings or to avert depriving the petitioner of any right, privilege or immunity protected by the Constitution or the laws of the Commonwealth of Puerto Rico or by the Constitution or the laws of the United States of America applicable to persons under the jurisdiction of the Commonwealth of Puerto Rico; Provided, That upon issuing such order the Court shall consider the public interest involved, conclude that the petitioner has a real possibility of prevailing on the merits of his petition, and determine that the order is indispensable to prevent an irreparable damage to the petitioner. Said order shall have force only in the specific case before the court and between the parties. (2) To stay proceedings in a court of the United States. Provided, further, That upon issuing said order the court shall consider the public interest involved and conclude that the petitioner has a real possibility of prevailing on the merits of the petition. Said order shall have force only in the specific case before the court and between the parties. (3) To restrain the application or enforcement of any statute of the Legislature of Puerto Rico or the performance by a public officer, a public corporation, or a public agency, or by any employee or officer of such corporation or agency of any act authorized by law of the Legislature of Puerto Rico unless it has been determined by final, firm, unappealable, and unreviewable judgment that such statute or act authorized by law is unconstitutional or invalid. Any injunction, preliminary, permanent, or of the nature of a restraining order, including any order to enforce the jurisdiction of a court or to secure the enforcement of any judgment issued under the circumstances set forth in this subsection (3) and in force on the date this act takes effect or which may hereafter be issued, shall be null and ineffective. Provided, however, That the court may issue said temporary restraining order, preliminary or permanent injunction subject to the terms of Rule 57 of Civil Procedure: (a) In those cases where it is indispensable to make effective its jurisdiction and upon previous finding that the order is indispensable to prevent an irreparable damage to the petitioner; (b) When in the petition it is pleaded that any person, under the authority of any law, ordinance or regulation of the Commonwealth of Puerto Rico, is depriving or is causing someone else to deprive the petitioner of any right, privilege, or immunity protected by the Constitution or the laws of the Commonwealth of Puerto Rico or by the Constitution or the laws of the United States of America applicable to persons under the jurisdiction of the Commonwealth of Puerto Rico. (4) To restrain the breach of a contract a compliance with which would not be specifically required. (5) To restrain the discharge in a legal manner of a public or private office by the person who is holding the same. (6) To restrain a legislative act by a municipal corporation. (7) To prevent the levying or collection of any tax levied by the laws of the United States or of Puerto Rico. History —Code Civil Proc., 1933, § 678; Feb. 25, 1946, No. 1, p. 2, § 3; Aug. 8, 1974, No. 12, Part 2, p. 616.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-289/3532/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 289 - Injunctions Generally (§§ 3521 — 3533)›§ 3532 - Taxes; public nuisance
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3532 - Taxes; public nuisance
An injunction may be granted upon the petition of the Commonwealth of Puerto Rico to enjoin and suppress the keeping and maintenance of a common nuisance. The petition shall be verified by the prosecuting attorney of the district in which the common nuisance exists, or by the Secretary of Justice, upon information and belief, and no bond shall be required. History —Code Civil Proc., 1933, § 686.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-289/3533/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 289 - Injunctions Generally (§§ 3521 — 3533)›§ 3533 - Penalty for disobedience
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3533 - Penalty for disobedience
The disobedience of a writ of injunction shall be punished as contempt of court by the court. The court may issue a warrant of arrest on being convinced upon an affidavit of the violation, and the court may sentence, at its discretion, such person to pay a fine not to exceed five hundred (500) dollars, and to make immediate reparation to the person so injured, and to give a larger bond for the compliance of the injunction, or in default of which the person may be incarcerated for a time not to exceed six (6) months. History —Code Civil Proc., 1933, § 687.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-291/3561/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566)›§ 3561 - When injunction granted
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3561 - When injunction granted
An injunction for the retention or recovery of material possession of real property shall be granted on petition of the interested party provided he shows to the satisfaction of the court that he has been disturbed in his possession or tenancy of said property by acts showing intention of disturbing or depriving him of such possession, or when he has already been deprived of said possession or tenancy. History —Code Civil Proc., 1933, § 690.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-291/3562/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566)›§ 3562 - Contents of complaint
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3562 - Contents of complaint
The complaint shall be drafted and sworn to pursuant to the provisions of the Code of Civil Procedure and shall set forth: (1) That the complainant was within the year preceding the filing of the complaint in the actual possession of the property described in said complaint if it is sought to recover it, and was and is in possession thereof if it is sought to retain it. (2) That he has been disturbed or deprived of the said possession or tenancy. He shall also describe clearly the facts constituting the disturbance or deprivation and whether said acts were committed by the defendant or by some other person by order of the said defendant. History —Code Civil Proc., 1933, § 691.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-291/3563/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566)›§ 3563 - Date for hearing; summons
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3563 - Date for hearing; summons
The court shall set a date for a hearing upon such complaint, which date shall be within the following fifteen (15) days, and the defendant shall be summoned at least eight (8) days prior to the date set for such hearing. History —Code Civil Proc., 1933, § 692.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-291/3564/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566)›§ 3564 - Motions
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3564 - Motions
All motions or demurrers shall be filed and heard at the time of said hearing. History —Code Civil Proc., 1933, § 693.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-291/3565/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566)›§ 3565 - Judgment; costs
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3565 - Judgment; costs
The court shall render judgment without undue delay. Costs shall be taxed against the party against whom judgment is rendered. History —Code Civil Proc., 1933, § 694.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-291/3566/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566)›§ 3566 - Form of injunction
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3566 - Form of injunction
Such injunction shall direct that the plaintiff be restored to possession and shall require the disturber to abstain in future from the commission of such acts, or of others which show the same intent, and shall warn him that disobedience of such injunction shall constitute contempt of court. History —Code Civil Proc., 1933, § 695.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-292/3571/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576)›§ 3571 - Definitions
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3571 - Definitions
(a) Causes of action.— Includes, for the purposes of this chapter, actions under this chapter, under the Puerto Rico Civil Code, 1930 edition; the Mental Health Code, §§ 6152 et seq. of Title 24; and the Special Resources Act, §§ 3391 et seq. of this title, brought by a homeless person or his/her intercessor. (b) Homeless.— Means, for the purposes of this chapter, any person: (1) Who has no fixed, regular or appropriate residence, or (2) whose residence is: (A) A publicly or privately supervised shelter designed to provide temporary residence, including those institutions devoted to providing transitory residence to the mentally ill; (B) an institution that provides temporary residence for those individuals who are about to be institutionalized, or (C) a public or private place that is not designed or regularly used as a dormitory for human beings. (3) It also includes any person included under the definition of the terms “homeless”, “homeless individual”, or “homeless person” of Public Law 100-77 of July of 1987, 101 Stat 482, as amended, known as the “Stewart B. McKinney Homeless Assistance Act”. (c) Intercessor.— Means, for the purposes of this chapter, any person who is an officer, official, employee, or a volunteer duly identified and authorized by a community-based, government, federal, Commonwealth or municipal organization, duly authorized and identified by the entity to which he/she is affiliated, who acts as the spokesperson or representative of a homeless person. (d) Community-based organization.— Means, for the purposes of this chapter, any juridical person that has notified the Department of the Family of its intent to render intercession services for the benefit of the homeless. History —Code Civil Proc., 1933, added as § 696 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-292/3572/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576)›§ 3572 - Procedures
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3572 - Procedures
Any cause of action exercised under this chapter shall be brought by presenting a suit on which the facts that motivate the action shall be recorded as well as the remedies requested. Along with the suit, a summons shall be enclosed, which shall be immediately issued by the clerk of the Court of First Instance, on which the date set for the first appearance of the parties before the court shall be recorded. On this first appearance, the parties shall present all the documentary proof they have available and an accounting of the witnesses to be present at the second appearance. The judge presiding on the part where the procedure is being heard may consolidate both appearances into a single one, if this best serves to protect the rights of the homeless person. History —Code Civil Proc., 1933, added as § 697 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-292/3573/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576)›§ 3573 - Intercessor
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3573 - Intercessor
An intercessor of a government, community-based, federal, Commonwealth or municipal organization may appear to represent a homeless individual, and shall have active legitimacy therefore before any judicial or administrative forum of the Commonwealth of Puerto Rico. History —Code Civil Proc., 1933, added as § 698 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-292/3574/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576)›§ 3574 - Jurisdiction—Initiation of action
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3574 - Jurisdiction—Initiation of action
The causes of action brought by or on behalf of a homeless person may be presented at any part of the Court of First Instance, regardless of the place of residence of the parties, of the location where the events took place, or where a real property is located. History —Code Civil Proc., 1933, added as § 699 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-292/3575/
PR
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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576)›§ 3575 - Subsequent procedures
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3575 - Subsequent procedures
The judge presiding over a hearing for the first appearance in any case brought under Title XVIII of this act, shall schedule in that hearing the course of the subsequent proceedings in the case, including the use of the mechanisms of discovery of proof, which shall be conducted before the second appearance. History —Code Civil Proc., 1933, added as § 700 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
https://law.justia.com/codes/puerto-rico/title-thirty-two/subtitle-5/chapter-292/3576/
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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 5 - Extraordinary Remedies (§§ 3391 — 3576)›Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576)›§ 3576 - Exemption from payment of fees
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3576 - Exemption from payment of fees
(a) All documents presented to the Court of First Instance by the homeless person or by an intercessor, shall be exempted from the payment of fees. (b) All copies of pertinent documents available at the agencies of the Commonwealth, public corporations and the municipalities, that are requested by the homeless or their intercessors, shall be issued free of charge. History —Code Civil Proc., 1933, added as § 701 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-i/rule-1/rule-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part I - SCOPE OF RULES›Rule 1 - Scope of Rules›Rule 1 - Scope of Rules
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part I - SCOPE OF RULES › Rule 1 - Scope of Rules › Rule 1 - Scope of Rules
These rules shall govern the procedure in all suits of a civil nature brought before the General Court of Justice. They shall be construed so as to secure the just, speedy and inexpensive determination of every action.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-2/rule-2/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 2 - Commencement of action›Rule 2 - Commencement of action
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 2 - Commencement of action › Rule 2 - Commencement of action
An action is commenced by filing a complaint with the court.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-3/rule-3-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 3 - Venue (“competencia”)›Rule 3.1 - Jurisdiction
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.1 - Jurisdiction
Every action shall be filed with the pertinent division or part of the court, as provided by statutes and by these rules, but no case shall be dismissed for having been submitted to a court without jurisdiction or authority therefor. Every case shall be heard in the part of the court where it is brought by agreement of the parties and the consent of the judge presiding said part at that time. Otherwise, it shall be transferred by order of the judge to the corresponding part. History —Amended on Dec. 12, 1995, No. 249, § 1, eff. May 1, 1996.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-3/rule-3-2/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 3 - Venue (“competencia”)›Rule 3.2 - Actions involving real property
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.2 - Actions involving real property
Actions involving the title to real property or any right or interest in such property shall be filed in the part corresponding to that in which the subject of the action, or part thereof, without prejudice to the general rules on jurisdiction and removal established in Rules 3.1 and 3.5. History —Amended on Dec. 25, 1995, No. 249, § 2, eff. May 1, 1996.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-3/rule-3-3/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 3 - Venue (“competencia”)›Rule 3.3 - Actions to be tried according to the place of origin of the cause
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.3 - Actions to be tried according to the place of origin of the cause
Actions against the Commonwealth of Puerto Rico and actions to recover damages under any legal precept, or to obtain compensation from an insurance company, based on an insurance policy contract, shall be filed in the part corresponding to that in which the cause of action or any part thereof originated, without prejudice of the general rules on jurisdiction and removal established in Rules 3.1 and 3.5. History —Amended on Dec. 25, 1995, No. 249, § 3, eff. May 1, 1996.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-3/rule-3-4/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 3 - Venue (“competencia”)›Rule 3.4 - Actions to be tried according to residence of parties
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.4 - Actions to be tried according to residence of parties
In all other cases, action shall be filed in the part of the court corresponding to the established place of residence of any or all defendants, except for actions involving claims for wages and child support, which shall be processed in the part corresponding the plaintiffs place of residence. If none of the defendants reside in Puerto Rico, or if the plaintiff does not know where they live, action shall be filed in any part of the Court of First Instance, without prejudice to the provisions in Rules 3.1 and 3.5. In the case of businessmen, partnerships, corporations and associations with offices or agents in different places, action may be brought against them in the part of the court in which their headquarters, main office or agent is located, or in the place in which they incurred obligations. History —Amended on Dec. 25, 1995, No. 249, § 4, eff. May 1, 1996.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-3/rule-3-5/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 3 - Venue (“competencia”)›Rule 3.5 - Removal of actions
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.5 - Removal of actions
(a) When an action has been filed in an inappropriate part, if the defendant wishes to challenge said part jurisdiction, a motion to have the action removed to the proper part of the court shall be filed within a term of thirty (30) days from the date of notice of the suit and service of process. The motion for removal shall be duly sworn unless the facts on which the referred motion is grounded are clearly stated from the face of the complaint or from the record in the case. If no written opposition to the motion for removal is filed within ten (10) days following the service of notice of said motion the case shall be removed to the proper part of the court. The filing of any motion or of a responsive pleading within the aforesaid thirty (30) day period shall not be considered a waiver of the right to petition for removal. (b) The court may order an action removed from the part of the court where it is being heard to another part in the interests of justice or for the witnesses’ convenience. History —Amended on Aug. 4, 1979, No. 197, p. 575, § 1; Dec. 25, 1995, No. 249, § 5, eff. May 1, 1996.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.1 - Issuance
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.1 - Issuance
Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it to the plaintiff or his attorney. Upon request of the plaintiff, the clerk shall issue separate or additional summons against any defendants.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-2/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.2 - Form
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.2 - Form
The summons shall be signed by the clerk, shall bear the name and seal of the court, specifying the part, and the names of the parties; shall be addressed to the defendant, state the name, address and telephone number of the plaintiff’s attorney, and the term within which these rules require the defendant to appear, and shall advise him that if he fails to do so, judgment by default shall be rendered against him, granting the relief demanded in the complaint. History —Amended on Dec. 25, 1995, No. 249, § 6, eff. May 1, 1996.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-3/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.3 - By Whom Served; Term to Serve
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.3 - By Whom Served; Term to Serve
(a) Service of process shall be made by a marshal or by any person not less than eighteen (18) years of age who can read and write, who is not a party or his attorney and who has no interest in the action. In the case of defendants who are outside Puerto Rico, the summons shall be served by a marshal of the jurisdiction where it is served or by an attorney authorized to practice law in said jurisdiction or in Puerto Rico or by a person specially appointed by the court for that purpose. (b) A subpoena shall be served within a period of six (6) months from the date the lawsuit is filed. The office of the Clerk of the Court of First Instance shall issue such subpoena on the date the lawsuit is filed. If the office of the Clerk should fail to issue the subpoena on the same date, the courts shall grant an additional term for serving the subpoena equal to the number of days the issue is delayed. To that effect, the parties shall promptly file an application for deferment to serve the subpoena in connection with their lawsuit. Furthermore, such six (6)-month term may only be deferred under other circumstances and for a reasonable period if the plaintiff, in the discretion of the court, shows just cause for deferment and requests the same within the term originally prescribed. If the term originally prescribed or its deferment should lapse before the subpoena has been served, the case shall be dismissed with prejudice to plaintiff. History —Amended May 12, 2009, No. 17, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-3-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.3.1 - Waiver of summons; duty of defendant to avoid the expenses of the processing of a summo...
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.3.1 - Waiver of summons; duty of defendant to avoid the expenses of the processing of a summons
(a) A defendant who waivers a summons does not waiver raising the defense of lack of standing, or requesting the transfer of the case to a court with jurisdiction. (b) A person of legal age, corporation, company, partnership, association, or any other legal person notified that a claim has been raised against him has the duty to avoid the expenses for the processing of a summons. (c) The claimant may notify the defendant that a claim has been raised against him and, in said notification, request that the defendant waiver the summons. The notification: (1) Must be in writing and addressed to the defendant, if it is an individual, or to an official, administrative manager or general agent, or to any other agent authorized to receive summonses by means of appointment or legal designation, in the case of a corporation, company, partnership, association, or any other legal person. (2) Must be sent by certified mail with return receipt requested, or by other reliable means that confirm the receipt of the document. (3) Must be accompanied by a copy of the claim and must identify the court at which it was filed. (4) Must inform the defendant of the consequences entailed by compliance or non compliance with the request. (5) Must allow the defendant a reasonable term to return the waiver, which shall be of at least thirty (30) days, starting on the date in which the request was sent, or sixty (60) days from that date if the defendant is abroad. (6) Must provide the defendant with an additional copy of the request, as well as a self-addressed envelope. If the defendant does not fill out the waiver request, the court shall impose upon same the payment of the expenses incurred in the processing of the summons. However, the court shall not impose the payment of such expenses if the defendant is able to show just cause for not having filled out the waiver request. (d) A defendant who promptly returns the summons waiver shall not have to answer the claim until after sixty (60) days after the date in which the request was sent to him, or ninety (90) days, if the defendant is abroad. (e) The date of the notification of the claim and the summons shall be the same as that in which the claimant submits the summons waiver to the court. (f) The expenses to be paid by the defendant that does not comply with the request for the summons waiver shall be those incurred by the claimant for the processing of the summons, in addition to the expenses incurred in attorney’s fees for the preparation of the motion requesting payment of the expenses for the summons. History —Rules of Civil Proc. 1979, added on Jan. 2, 2003, No. 34, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.4 - Personal service
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.4 - Personal service
In those cases in which it is applicable, if the defendant does not [waive] the summons by means of the mechanism set forth in Rule 4.3.1, the summons and the claim shall be processed jointly. The defendant shall forward the necessary copies to the person who performs the processing. Said person, when delivering the copy of the summons, shall sign the back of same, stating the date and the location of the delivery, and the name of the person to whom same was delivered. The processing shall be performed as follows: (a) Upon a person of legal age, by delivering a copy of the summons and of the complaint to him personally or to an agent authorized by him or appointed by law to receive service of process. (b) Upon a person under fourteen (14) years of age, by delivering a copy of the summons and of the complaint to his father or mother with patria potestas or to a guardian, in case they are outside Puerto Rico, service shall be made, instead, upon any of the persons having the care of the minor or upon the person with whom the minor lives. In case the father, mother or guardian lives in Puerto Rico but the minor does not live with him or her, any of the persons named above shall also be served with process. Upon a minor fourteen (14) years or older, by delivering a copy of the summons and of the complaint to him personally and to his father or mother with patria potestas or to his guardian. In case the father, mother or guardian are outside Puerto Rico, any of the persons having the care of the minor or the person with whom he lives shall be served with process in their stead. (c) Upon a person declared incompetent by a court and for whom a guardian has been appointed, by delivering a copy of the summons and of the complaint to said person and to his guardian. In the case of a person not declared incompetent by a court but confined in an institution for the treatment of mental illness, by delivering a copy of the summons and of the complaint to said person and to the director of the institution. In all other cases where the plaintiff, his attorney or the person making service may have reasonable grounds to believe that the person upon whom service is to be made is mentally incompetent, he shall notify the court so that it may proceed pursuant to Rule 15.2 (b). (d) Upon a person confined in a correctional institution, by delivering a copy of the summons and of the complaint personally to him and to the director of the institution. (e) Upon a corporation, company, partnership, association or any other artificial person, by delivering a copy of the summons and of the complaint to an officer, managing or general agent, or to any other agent authorized by appointment or designated by law to receive service of process. (f) Upon the Commonwealth of Puerto Rico, by delivering a copy of the summons and of the complaint to the Secretary of Justice or to a person designated by him. (g) Upon an officer or agency of the Commonwealth of Puerto Rico other than a public corporation by delivering a copy of the summons and of the complaint to said officer or to the chief executive of said agency. Furthermore, it shall be an indispensable requirement that in all suits filed against an officer or agency of the Commonwealth of Puerto Rico other than a public corporation, the plaintiff shall deliver a copy of the summons and of the complaint to the Secretary of Justice or to the person designated by him. If the agency is a public corporation, copies shall be delivered pursuant to the provisions in Rule 4.4(e). (h) Upon a municipal corporation or agency thereof with standing to sue and be sued, by delivering a copy of the summons and of the complaint to the chief executive officer thereof or to a person designated by him. History —Amended on Aug. 4, 1979, No. 197, p. 575, § 1; July 21, 1988, No. 125, p. 523, § 1; Jan. 2, 2003, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.5 - Service by edicts and publication thereof
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.5 - Service by edicts and publication thereof
(a) The court shall issue an order providing for a summons by publication when the person to be served is outside of Puerto Rico or if in Puerto Rico, cannot be located although pertinent attempts have been made to locate him/her, or when the person goes into hiding to avoid being served, or if it is a foreign corporation with no resident agent, and it is proved to the satisfaction of the court through an affidavit stating the steps taken, and said statement or sworn complaint filed states that justifies the granting of some relief against the person to be served or that said person is the proper party in the suit action. The return of process, unexecuted, shall not be a prerequisite for an order for service by publication. The order shall provide that the summons shall be published only once in a newspaper of general circulation in Puerto Rico. The order shall also provide that, within the ten (10) days following the publication of the summons, the defendant shall be sent a copy of the summons and of the complaint filed, by certified mail, with acknowledgment of receipt, or through any other mail delivery service with acknowledgment of receipt, provided said entity has no ties with the defendant nor any interest in the suit, to his/her last known address, unless a sworn statement is made justifying that in spite of the steps taken, which shall be stated, it has been impossible to find any known address of the defendant, in which case the court will [excuse] compliance of this provision. (b) The summons shall contain the following information: (1) Title—Service by Edict (2) Part of the Court of First Instance (3) Case number (4) Plaintiff’s name (5) Name of defendant to be served (6) Type of action (7) Name, address and telephone number of plaintiff’s attorney (8) Name of person issuing the summons through publication (9) Date of issue (10) Term within which the person so served shall answer the complaint, as provided in Rule 10.1, and a warning that if he/she fails to answer the complaint by filing the original of the answer with the corresponding court, with a copy to plaintiff, the contempt shall be entered and judgment shall be rendered granting the remedy sought without further summons or hearing. The summons shall identify in ten (10)-point bold black letters, every first mention of a natural and/or juridical person who is summoned thereby. If the complaint is amended at any time before the appearance of the defendant summoned by publication, said amended complaint shall be served on him/her in the manner provided by the applicable rule on service. In the case of defendants who are away from Puerto Rico, the plaintiff may substitute personal delivery of copies of the complaint and the summons on the defendant, for summons by publication. Service of summons in this case shall be made pursuant to Rule 4.3. History —Amended on Aug. 4, 1979, No. 197, p. 575, § 1; Aug. 12, 1995, No. 196, § 1; Dec. 25, 1995, No. 249, § 7; July 31, 2007, No. 97, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.6 - Service on unknown defendants
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.6 - Service on unknown defendants
When unknown defendants must be served with process, service shall be made by publication under the provisions of Rule 4.5, substantially complying with said provisions wherever possible.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.7 - Service on a person not domiciled in Puerto Rico
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.7 - Service on a person not domiciled in Puerto Rico
(a) Whenever the person to be served is not domiciled in Puerto Rico, the General Court of Justice shall take jurisdiction over said person if the action or claim arises because said person: (1) Transacted business in Puerto Rico personally or through an agent; or (2) participated in tortious acts within Puerto Rico personally or through his agent; or (3) was involved in an automobile accident while driving a motor vehicle in Puerto Rico personally or through his agent; or (4) was involved in an accident in Puerto Rico while operating, personally or through his agent, a freight or passenger transportation business in Puerto Rico, between Puerto Rico and the United States or between Puerto Rico and a foreign country, or if, in the operation of said business, an accident occurs outside Puerto Rico and the contract had been executed in Puerto Rico; or (5) owns, uses or possesses, personally or through his agent, real property in Puerto Rico. (b) In said cases, service shall be made pursuant to Rule 4.5.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-8/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.8 - Return
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.8 - Return
Proof of service shall be made by the process server and filed with the court within the term to appear granted to the person on whom process was served. If service is made by a marshal, his proof shall consist of the corresponding return; and if made by another person, proof of service shall be made by affidavit. If service is made by publication, the same shall be proved through an affidavit made by the newspaper’s manager or authorized agent, together with a copy of the notice and with an affidavit stating that a copy of the summons and of the complaint were mailed. In the cases where process is served under Rules 4.5 and 4.7, defendant’s return receipt will also be presented. Failure to make proof of service shall not affect the validity of the service. The sworn acceptance or waiver of the defendant, or his appearance, shall make said proof unnecessary. History —Aug. 12, 1995, No. 198, § 1.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ii/rule-4/rule-4-9/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part II - COMMENCEMENT OF ACTION›Rule 4 - Process›Rule 4.9 - Amendment
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.9 - Amendment
At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-5/rule-5-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 5 - Pleadings allowed›Rule 5.1 - Pleadings
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 5 - Pleadings allowed › Rule 5.1 - Pleadings
The pleadings allowed are a complaint and an answer; a counterclaim and a reply; a cross-claim and an answer; a third-party complaint if a person who was not an original party is served with process pursuant to Rule 12; and a third-party answer if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-5/rule-5-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 5 - Pleadings allowed›Rule 5.2 - Action by stipulation of facts
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 5 - Pleadings allowed › Rule 5.2 - Action by stipulation of facts
When there is a controversy that may give rise to a suit, the parties need not file pleadings, but rather may file with the court a stipulation of facts together with a sworn statement showing that there exists a real and effective controversy between the parties and that the stipulation is filed in good faith so that the court may determine the rights of the parties. If the court determines that a controversy exists, the proceedings shall be governed by these rules.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-6/rule-6-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 6 - General Rules of pleading›Rule 6.1 - Claims for relief
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.1 - Claims for relief
A pleading which sets forth a claim for relief, whether a complaint, counterclaim, cross-claim or third-party complaint, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and (2) a prayer for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-6/rule-6-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 6 - General Rules of pleading›Rule 6.2 - Defenses; form of denials
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.2 - Defenses; form of denials
A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he does not have knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this shall have the effect of a denial. Denials shall attack the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify the part of it that is true and material and shall deny only the rest. A party may specifically deny each one of the averments or paragraphs of the preceding pleading, or he may make a general denial of all the averments or paragraphs of said pleading, except for the averments or paragraphs he expressly admits; but if the party intends to deny, in good faith, all the averments of the preceding pleading he may do so by general denial subject to what has been set forth in Rule 9.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-6/rule-6-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 6 - General Rules of pleading›Rule 6.3 - Affirmative defenses
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.3 - Affirmative defenses
When answering a preceding pleading, the following defenses shall be set forth affirmatively: compromise, accord and satisfaction, arbitration and award, assumption of risk, negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, lack of diligence, authorization, payment, release, res judicata, prescription, limitation of actions, waiver and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim, or a counterclaim as a defense, the court, if justice so requires and on the terms it deems appropriate, shall treat the pleading as if there had been a proper designation.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-6/rule-6-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 6 - General Rules of pleading›Rule 6.4 - Effect of failure to deny
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.4 - Effect of failure to deny
Averments contained in any pleading to which a responsive pleading is required, other than those referring to the amount of damages, shall be deemed admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or explained.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-6/rule-6-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 6 - General Rules of pleading›Rule 6.5 - Pleading to be concise and direct; inconsistency
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.5 - Pleading to be concise and direct; inconsistency
(a) Each averment of a pleading shall be simple, concise and direct. No technical forms of pleadings or motions are required. (b) A party may set forth two (2) or more statements of a claim or defense alternately or hypothetically. When two (2) or more statements are made in the alternative, and one of them would have sufficed if made independently, the pleading will not be considered insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of their inconsistency. All statements shall be made subject to the obligations set forth in Rule 9.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-6/rule-6-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 6 - General Rules of pleading›Rule 6.6 - Construction of pleadings
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.6 - Construction of pleadings
All pleadings shall be so construed as to do substantial justice.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-6/rule-6-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 6 - General Rules of pleading›Rule 6.7 - Rules on extension of time
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.7 - Rules on extension of time
Extension of time shall only be granted in meritorious circumstances that outweigh the rigorous criteria of the judge, who should always strive to comply with the terms prescribed, for they are a vital element in the speedy and just disposition of cases. History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-7/rule-7-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 7 - Pleading special matters›Rule 7.1 - Capacity
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.1 - Capacity
It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an artificial person that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued, or the authority of a party to sue and be sued in a representative capacity, he shall do so by specific negative averment which shall include such particulars as are peculiarly within his knowledge.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-7/rule-7-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 7 - Pleading special matters›Rule 7.2 - Fraud, mistake or condition of the mind
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.2 - Fraud, mistake or condition of the mind
In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated in detail. Malice, intent, knowledge, and any other attitude or condition of the mind of a person may be averred in general terms.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-7/rule-7-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 7 - Pleading special matters›Rule 7.3 - Time and place
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.3 - Time and place
For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material nature.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-7/rule-7-4/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 7 - Pleading special matters›Rule 7.4 - Special damages
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.4 - Special damages
When special damages are claimed, the nature of the different items shall be specifically stated.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-7/rule-7-5/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›Rule 7 - Pleading special matters›Rule 7.5 - Description of real property
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.5 - Description of real property
A pleading claiming a right over real property shall describe the same so accurately as to make its identification possible.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/8/rule-8-1/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›8 - Form of pleading and motions›Rule 8.1 - Caption
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.1 - Caption
Every pleading shall have a caption which sets forth the name of the court, specifying the part thereof, the title of the action, the file number and its designation in accordance with Rule 5.1. In the complaint, the title of the action shall include the names of all the parties, but in the other pleadings it shall be sufficient to state the name of the first litigant of each party with a reference indicating the existence of other parties. History —Amended on Dec. 25, 1995, No. 249, § 8, eff. May 1, 1996.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/8/rule-8-2/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›8 - Form of pleading and motions›Rule 8.2 - Paragraphs; separate statements
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.2 - Paragraphs; separate statements
All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited, as far as practicable, to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction, or occurrence, and each defense other than denials, shall be stated in a separate claim or defense whenever a separation facilitates the clear presentation of the matters set forth.
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/8/rule-8-3/
PR
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part III - PLEADINGS AND MOTIONS›8 - Form of pleading and motions›Rule 8.3 - Adoption by reference and exhibits
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.3 - Adoption by reference and exhibits
Any statement in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or motion. A copy of any written document which is an exhibit to a pleading will be considered a part thereof for all purposes.