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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/8/rule-8-4/
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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›8 - Form of pleading and motions›Rule 8.4 - Motions
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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 8.4 - Motions
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(a) An application to the court for an order shall be made by motion which, unless made during a hearing or trial, shall be made in writing, setting forth with particularity the grounds and arguments on which it is based and the relief or order sought. It shall also be accompanied by any document or affidavit necessary to decide the same.
Any party opposing a motion shall file its opposition within ten (10) days after service of the motion. Said opposition shall be accompanied by any document or affidavit necessary to decide the same. If no opposition is filed within said period of ten (10) days, the motion shall be taken to be submitted for decision unless the opposing party requests an enlargement of time before the expiration of said ten (10) days and the court grants the same.
Motions shall be taken under advisement without a hearing unless the court motu proprio or at the request of a party decides to set a hearing therefor at its discretion. This rule shall not apply to those motions that either as provided by law or by these rules require that a hearing be held.
(b) Pre-trial motions for continuance or removal of a hearing shall be made in writing and shall set forth the grounds therefor. A motion for continuance may be presented orally only on the day of the hearing and for unexpected, extraordinary reasons not subject to the control of the parties or their attorneys. If just cause for the continuance appears from the face of the motion, the judge shall issue a written solution setting forth the grounds for granting the continuance or for removing the case, a copy of which shall be sent to the Administrative Judge.
Any stipulation to continue a hearing must be approved by the judge presiding over the case.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/8/rule-8-5/
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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›8 - Form of pleading and motions›Rule 8.5 - Language
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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 8.5 - Language
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Pleadings, applications and motions shall be written in Spanish. Pleadings that must be signed by a party or another person who does not know Spanish may be drawn in said party’s or person’s native language as long as they are accompanied by the necessary copies in Spanish.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/8/rule-8-6/
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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›8 - Form of pleading and motions›Rule 8.6 - Other papers
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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 8.6 - Other papers
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The rules applicable to captions, signatures and other matters related to the form of the pleading apply to all motions and other papers.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-9/rule-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 III - PLEADINGS AND MOTIONS›Rule 9 - Signing of Papers›Rule 9 - Signing of Papers
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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 9 - Signing of Papers › Rule 9 - Signing of Papers
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Every paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign his paper and state his address and telephone number, if any. The attorney or party shall forthwith notify the court, under the caption of the case, any change in address or telephone. Except when otherwise specifically provided by rule or statute, papers need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that he has read the paper; that to the best of his knowledge, information or belief there is good ground to support it; and that it is not interposed to cause delay or to pressure. If a paper is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the paper had not been served. An attorney may be penalized for a wilful violation of this rule. Similar action may be taken if scandalous or indecent matter is inserted or offensive or vile language is used.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-10/rule-10-1/
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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 10 - Defenses and objections›Rule 10.1 - When presented
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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 10 - Defenses and objections › Rule 10.1 - When presented
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A defendant shall serve his/her answer within twenty (20) days after being served with a copy of the summons and the complaint against him/her. Should the summons be served pursuant to the provisions of Rule 4.5, the defendant shall serve his/her reply within thirty (30) days after the publication of the edict. A party being served with a pleading that states a cross-claim against him/her shall serve a copy of his/her answer to the aforesaid within ten (10) days after being served. The plaintiff shall serve his/her reply to a counterclaim thus denominated in the reply, within ten (10) days after service of the answer or, if a reply is ordered by the court, within ten (10) days after service of the order, unless the order provides otherwise. When the Commonwealth of Puerto Rico, its officials, or any of its instrumentalities, other than a public corporation, and the municipalities of Puerto Rico are parties to a complaint, any party shall serve its answer to the complaint, its answer to a cross-claim against it, or its reply to a counterclaim, within an unextendable term of sixty (60) days after being served with copy of the summons and complaint.
Service of a motion allowed under this rule alters the above prescribed terms as follows, unless a different term is fixed by order of court: (1) if the court denies the motion or postpones its decision until the trial is held on its merits, the corresponding pleading shall be served within ten (10) days after notice of the court order; (2) if the court grants a motion for a more definite statement, a copy of the reply brief shall be served within ten (10) days after the service of the more definite statement.
History —Amended on Aug. 4, 1979, No. 179, p. 575, § 1; July 5, 1988, No. 66, p. 297, § 1; Dec. 10, 1993, No. 125, § 1, eff. 30 days after Dec. 10, 1993.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-10/rule-10-2/
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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 10 - Defenses and objections›Rule 10.2 - How presented
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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 10 - Defenses and objections › Rule 10.2 - How presented
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Every defense, in law or fact, to a claim for relief in any pleading, whether a complaint, counterclaim, cross-claim or third-party complaint, shall be asserted in the responsive pleading thereto, if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) insufficiency of process; (4) insufficiency of service of process; (5) failure to state a claim upon which relief can be granted; (6) failure to join an indispensable party. A motion making any of these defenses shall be made before pleading, if a further pleading is permitted. No defense or objection is waived by being joined with one or more defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (5), matters outside the pleading being attacked are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 36 until its final disposition, and all parties shall be given reasonable opportunity to present all material pertinent to such motion under said rule.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-10/rule-10-3/
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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 10 - Defenses and objections›Rule 10.3 - Motion for judgment on the pleadings
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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 10 - Defenses and objections › Rule 10.3 - Motion for judgment on the pleadings
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After all pleadings have been presented, but within such time as not to delay the trial, any party may move for judgment on the pleadings. If on such a motion matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment, shall be subject to Rule 36 until final disposition, and all parties shall be given reasonable opportunity to present all material pertinent to such motion under said rule.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-10/rule-10-4/
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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 10 - Defenses and objections›Rule 10.4 - Preliminary hearings
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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 10 - Defenses and objections › Rule 10.4 - Preliminary hearings
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The defenses specifically enumerated (1) to (6) in Rule 10.2, whether made in a pleading or by motion, the motion for judgment mentioned in Rule 10.3, and the motion to strike mentioned in Rule 10.6 shall be determined before trial unless the court orders that the determination thereof be deferred until the trial.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-10/rule-10-5/
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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 10 - Defenses and objections›Rule 10.5 - Motion for more definite statement
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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 10 - Defenses and objections › Rule 10.5 - Motion for more definite statement
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If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within ten (10) days after notice, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-10/rule-10-6/
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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 10 - Defenses and objections›Rule 10.6 - Motion to strike
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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 10 - Defenses and objections › Rule 10.6 - Motion to strike
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Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted, upon motion made by a party within ten (10) days after the service of the pleading upon him or upon the eourt’s own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent or scandalous matter.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-10/rule-10-7/
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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 10 - Defenses and objections›Rule 10.7 - Consolidation of defenses
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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 10 - Defenses and objections › Rule 10.7 - Consolidation of defenses
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A party who makes a motion under this Rule 10 may join with it the other motions herein provided for and then available to him. If a party makes a motion under this Rule 10 and omits therefrom any of the defenses or objections then available to him which such Rule 10 permits to be raised by motion, he shall not thereafter make a motion based on the defenses or objections so omitted, except a motion as provided in Rule 10.8(b), and based on the grounds expressed in said Rule 10.8(b).
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-10/rule-10-8/
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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 III - PLEADINGS AND MOTIONS›Rule 10 - Defenses and objections›Rule 10.8 - Waiver of defenses
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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 10 - Defenses and objections › Rule 10.8 - Waiver of defenses
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(a) A defense of lack of jurisdiction over the person, insufficiency of process or insufficiency of service of process is waived (1) if it is not included in a motion for joinder of defenses under Rule 10.7, or (2) if it is not made by motion, as provided in this Rule 10, nor included in a responsive pleading or in an amendment not requiring permission of the court, pursuant to that provided in Rule 13.1.
(b) The defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party as provided in Rule 16, and the objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 5.1, or by motion for judgment on the pleadings, or at the trial.
(c) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-11/rule-11-1/
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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 11 - Counterclaim and cross-claim›Rule 11.1 - Compulsory counterclaims
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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 11 - Counterclaim and cross-claim › Rule 11.1 - Compulsory counterclaims
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A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. However, such a claim need not be stated as a counterclaim if at the time the action was commenced the claim was the subject of another pending action.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-11/rule-11-2/
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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 11 - Counterclaim and cross-claim›Rule 11.2 - Permissive counterclaims
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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 11 - Counterclaim and cross-claim › Rule 11.2 - Permissive counterclaims
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A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of said party’s claim.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-11/rule-11-3/
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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 11 - Counterclaim and cross-claim›Rule 11.3 - Scope of the counterclaim
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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 11 - Counterclaim and cross-claim › Rule 11.3 - Scope of the counterclaim
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A counterclaim may or may not diminish or defeat the recovery sought by the opposing party and it may also claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-11/rule-11-4/
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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 11 - Counterclaim and cross-claim›Rule 11.4 - Counterclaim against the Commonwealth of Puerto Rico
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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 11 - Counterclaim and cross-claim › Rule 11.4 - Counterclaim against the Commonwealth of Puerto Rico
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These rules shall not be construed to enlarge beyond the limits fixed by law the right to assert counterclaims or to claim credits against the Commonwealth of Puerto Rico or an officer or agency thereof.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-11/rule-11-5/
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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 11 - Counterclaim and cross-claim›Rule 11.5 - Counterclaim by supplemental pleading
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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 11 - Counterclaim and cross-claim › Rule 11.5 - Counterclaim by supplemental pleading
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A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-11/rule-11-6/
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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 11 - Counterclaim and cross-claim›Rule 11.6 - Omitted counterclaim
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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 11 - Counterclaim and cross-claim › Rule 11.6 - Omitted counterclaim
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When a pleader fails to set up a counterclaim through oversight, inadvertence or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-11/rule-11-7/
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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 11 - Counterclaim and cross-claim›Rule 11.7 - Cross-claim against co-party
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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 11 - Counterclaim and cross-claim › Rule 11.7 - Cross-claim against co-party
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A cross-claim may state any claim arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-11/rule-11-8/
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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 III - PLEADINGS AND MOTIONS›Rule 11 - Counterclaim and cross-claim›Rule 11.8 - Joinder of additional parties
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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 11 - Counterclaim and cross-claim › Rule 11.8 - Joinder of additional parties
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Persons other than parties to the original action may be brought in as parties in a counterclaim or cross-claim, as provided in Rules 16 and 17.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-12/rule-12-1/
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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 12 - Third-party practice›Rule 12.1 - When defendant may bring in third party
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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 12 - Third-party practice › Rule 12.1 - When defendant may bring in third party
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At any time after commencement of the action, the defendant may, as a third-party plaintiff, serve a summons and a complaint upon a person not a party to the action and (1) who is or may be liable to him for all or part of the plaintiff’s claim, or (2) who is or may be liable to the plaintiff exclusively.
The person so served, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff’s claim as provided in Rule 10, and shall assert his counterclaims against the third-party plaintiff’s claim and his cross-claims against any other third-party defendants, as provided in Rule 11.
The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff’s claim. The third-party defendant may also assert any claim arising out of the action, omission or event that is the subject of the original claim in the action against the plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the action, omission or event that is the subject of the plaintiff’s original claim in the action, and the third-party defendant shall then assert his defenses as provided in Rule 10 and his counterclaims and cross-claims as provided in Rule 11.
A party may move for severance, for a separate trial or for the dismissal of the third-party claim and the court may render judgment on the original claim or on the third-party claim only in accordance with the terms of Rule 43.5. A third-party defendant may proceed under this Rule 12 against any person not a party to the action who is or may be liable to him, to the plaintiff, or the third-party plaintiff for all or part of the claim made in the action against the third-party defendant.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-12/rule-12-2/
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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 12 - Third-party practice›Rule 12.2 - When plaintiff may bring in third party
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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 12 - Third-party practice › Rule 12.2 - When plaintiff may bring in third party
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When a claim is asserted against a plaintiff, he may proceed in the same way as the defendant in acccordance with Rule 12.1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-13/rule-13-1/
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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 13 - Amended and supplemental pleadings›Rule 13.1 - Amendments
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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 13 - Amended and supplemental pleadings › Rule 13.1 - Amendments
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A party may amend his pleading once at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been set for trial, he may amend it at any time within twenty (20) days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within twenty (20) days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-13/rule-13-2/
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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 13 - Amended and supplemental pleadings›Rule 13.2 - Amendments to conform pleadings to the evidence
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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 13 - Amended and supplemental pleadings › Rule 13.2 - Amendments to conform pleadings to the evidence
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When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense. The court may grant a continuance to enable the objecting party to meet such evidence.
The provisions of Rules 43.6 and 67.1 shall apply whenever a party is found in default for failure to appear.
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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 13 - Amended and supplemental pleadings›Rule 13.3 - Relation back of amendments
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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 13 - Amended and supplemental pleadings › Rule 13.3 - Relation back of amendments
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Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth in the original pleading, the amendments shall relate back to the date of the original pleading. An amendment changing the party against whom a claim is asserted shall relate back to the date of the original pleading if, after complying with the foregoing requirement and within the term provided for, the party brought through the amendment:
(1) Knew of the pending cause of action so that he is not prejudiced in maintaining his defense on the merits, and
(2) if it had not been for a mistake as to the identity of the person actually liable, the action would have been brought originally against him.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-13/rule-13-4/
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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 13 - Amended and supplemental pleadings›Rule 13.4 - Supplemental pleadings
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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 13 - Amended and supplemental pleadings › Rule 13.4 - Supplemental pleadings
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Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented even if the original claim is inadequate in stating its claim for relief. If the court deems it advisable that the adverse party plead thereto, it shall so order, specifying the time therefor.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-14/rule-14-1/
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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 14 - Joinder of claims›Rule 14.1 - Joinder of claims
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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 14 - Joinder of claims › Rule 14.1 - Joinder of claims
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A party asserting a claim in a complaint, counterclaim, cross-claim or third-party complaint may join, either as independent or as alternate claims, as many claims as he may have against an opposing party.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iii/rule-14/rule-14-2/
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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 14 - Joinder of claims›Rule 14.2 - Joinder of contingent claims
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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 14 - Joinder of claims › Rule 14.2 - Joinder of contingent claims
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Whenever a claim is one cognizable only after another claim has been prosecuted to a conclusion, the two (2) claims may be joined in a single action. The court shall not decide on the contingent claim until there is a judgment on the principal claim.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-15/rule-15-1/
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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 IV - PARTIES›Rule 15 - Capacity to appear as plaintiff or defendant›Rule 15.1 - Real party in interest
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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 IV - PARTIES › Rule 15 - Capacity to appear as plaintiff or defendant › Rule 15.1 - Real party in interest
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Every action shall be prosecuted in the name of the real party in interest, but a person authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought; and when so provided by statute, a claim for the benefit of another may be brought in the name of the Commonwealth of Puerto Rico. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest, and such ratification, joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-15/rule-15-2/
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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 IV - PARTIES›Rule 15 - Capacity to appear as plaintiff or defendant›Rule 15.2 - Minors and incompetent persons
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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 IV - PARTIES › Rule 15 - Capacity to appear as plaintiff or defendant › Rule 15.2 - Minors and incompetent persons
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(a) A minor shall appear by his father or mother with patria potestas or, in their defect, by his general guardian. A person of legal age or who has been emancipated and who has been declared incompetent by a court shall appear by his general guardian. However, the court may appoint a guardian ad litem for an infant or an incompetent person as it deems proper or as provided by law.
(b) In the cases provided for in the last sentence of Rule 4.4(c) and in Rule 22.2, the court shall determine the party’s mental condition, and if deemed convenient and proper, the court shall appoint a guardian ad litem.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-15/rule-15-3/
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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 IV - PARTIES›Rule 15 - Capacity to appear as plaintiff or defendant›Rule 15.3 - Defendants under a common name
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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 IV - PARTIES › Rule 15 - Capacity to appear as plaintiff or defendant › Rule 15.3 - Defendants under a common name
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Whenever two (2) or more persons do business under a common name, regardless of whether or not said name contains the names of said persons, they may be sued under the common name and service upon one of them shall be sufficient.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-15/rule-15-4/
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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 IV - PARTIES›Rule 15 - Capacity to appear as plaintiff or defendant›Rule 15.4 - Defendant whose name is not known
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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 IV - PARTIES › Rule 15 - Capacity to appear as plaintiff or defendant › Rule 15.4 - Defendant whose name is not known
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Whenever a plaintiff does not know the true name of a defendant, he shall so state in the complaint, setting forth the specific claim he allegedly has against said defendant. In said case, the plaintiff may designate said defendant in any pleading or proceeding with a fictitious name, and upon discovery of the true name, he shall forthwith make the corresponding amendment in the pleading or proceeding.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-16/rule-16-1/
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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 IV - PARTIES›Rule 16 - Indispensable joinder of parties›Rule 16.1 - Indispensable joinder
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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 IV - PARTIES › Rule 16 - Indispensable joinder of parties › Rule 16.1 - Indispensable joinder
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Persons having a joint interest and who are indispensable for the adjudication of the controversy shall be made parties and joined as plaintiffs or defendants, as the case may be. When a person who should join as a plaintiff refuses to do so, he may be made a defendant.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-16/rule-16-2/
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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 IV - PARTIES›Rule 16 - Indispensable joinder of parties›Rule 16.2 - Joinder of parties not indispensable
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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 IV - PARTIES › Rule 16 - Indispensable joinder of parties › Rule 16.2 - Joinder of parties not indispensable
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The court may order the appearance of persons subject to its jurisdiction who, although not indispensable, ought to be joined if complete relief is to be accorded to those already parties.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/17/rule-17-1/
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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 IV - PARTIES›17 - Permissive joinder of parties›Rule 17.1 - Permissive joinder
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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 IV - PARTIES › 17 - Permissive joinder of parties › Rule 17.1 - Permissive joinder
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Any number of persons may join in one action as plaintiffs or defendants if they assert a claim for relief or one is asserted against them jointly, severally or, in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/17/rule-17-2/
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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 IV - PARTIES›17 - Permissive joinder of parties›Rule 17.2 - Orders to avoid prejudice
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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 IV - PARTIES › 17 - Permissive joinder of parties › Rule 17.2 - Orders to avoid prejudice
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The court may make such orders as it deems necessary to avoid difficulties, delays or expenses to a party by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, may order separate trials or make other orders to prevent delay or prejudice, and may render judgment on a claim by or against one or more parties, pursuant to Rule 43.5.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-18/rule-18/
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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 IV - PARTIES›Rule 18 - Misjoinder of Parties›Rule 18 - Misjoinder of Parties
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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 IV - PARTIES › Rule 18 - Misjoinder of Parties › Rule 18 - Misjoinder of Parties
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Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-19/rule-19/
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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 IV - PARTIES›Rule 19 - Interpleader›Rule 19 - Interpleader
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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 IV - PARTIES › Rule 19 - Interpleader › Rule 19 - Interpleader
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Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in Rule 17.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-20/rule-20-1/
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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 IV - PARTIES›Rule 20 - Class actions›Rule 20.1 - Prerequisites to a class action
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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 IV - PARTIES › Rule 20 - Class actions › Rule 20.1 - Prerequisites to a class action
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One or more members of a class may sue or be sued as representative parties on behalf of all the persons constituting the class only if (1) the class is so numerous that the joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-20/rule-20-2/
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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 IV - PARTIES›Rule 20 - Class actions›Rule 20.2 - Class actions maintainable
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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 IV - PARTIES › Rule 20 - Class actions › Rule 20.2 - Class actions maintainable
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An action may be maintained as a class action if the prerequisites of Rule 20.1 are satisfied, and in addition:
(a) The prosecution of separate actions by or against individual members of the class would create a risk of:
(1) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(2) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(b) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(c) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:
(1) The interest of members of the class in individually controlling the prosecution or defense of separate actions;
(2) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;
(3) the desirability or undesirability of concentrating the litigation of the claims in the particular forum;
(4) the difficulties likely to be encountered in the management of a class action.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-20/rule-20-3/
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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 IV - PARTIES›Rule 20 - Class actions›Rule 20.3 - Determination by order whether class action to be maintained; notice; judgment; actions...
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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 IV - PARTIES › Rule 20 - Class actions › Rule 20.3 - Determination by order whether class action to be maintained; notice; judgment; actions conducted partially as class actions
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(a) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subdivision may be conditional, and may be altered or amended before the decision on the merits.
(b) In any class action maintained under Rule 20.2(c), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort, except when this would be so difficult as to obstruct the prosecution of the action, in which case the court shall determine the manner in which notice shall be given. The notice shall advise each member that:
(1) The court will exclude him from the class if he so requests by a specified date;
(2) the judgment, whether favorable or not, will include all members who do not request exclusion; and
(3) any member who does not request exclusion may, if he desires, enter an appearance through his counsel.
(c) The judgment in an action maintained as a class action under Rule 20.2(a) or (b), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under Rule 20.2(c), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in Rule 20.3 (b) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.
(d) When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-20/rule-20-4/
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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 IV - PARTIES›Rule 20 - Class actions›Rule 20.4 - Orders in conduct of class actions
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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 IV - PARTIES › Rule 20 - Class actions › Rule 20.4 - Orders in conduct of class actions
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In the conduct of actions to which this rule applies, the court may make appropriate orders:
(a) Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;
(b) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action;
(c) imposing conditions on the representative parties or on intervenors;
(d) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly;
(e) providing special rules for the proceeding and the terms to be had by the parties for discovery;
(f) dealing with similar procedural matters. The orders may be combined with an order under Rule 34.3, and may be altered or amended as may be desirable from time to time.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-20/rule-20-5/
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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 IV - PARTIES›Rule 20 - Class actions›Rule 20.5 - Dismissal or compromise
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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 IV - PARTIES › Rule 20 - Class actions › Rule 20.5 - Dismissal or compromise
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A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-21/rule-21-1/
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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 IV - PARTIES›Rule 21 - Intervention›Rule 21.1 - Intervention of right
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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 IV - PARTIES › Rule 21 - Intervention › Rule 21.1 - Intervention of right
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Upon timely application anyone shall be permitted to intervene in an action:
(a) When a statute or these rules confer an unconditional right to intervene; or
(b) when the applicant claims a right or an interest relating to the property or transaction which is the subject of the action which may as a practical matter be impaired by the final disposition of the action.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-21/rule-21-2/
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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 IV - PARTIES›Rule 21 - Intervention›Rule 21.2 - Permissive intervention
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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 IV - PARTIES › Rule 21 - Intervention › Rule 21.2 - Permissive intervention
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Upon timely application, anyone may be permitted to intervene in an action:
(a) When a statute confers a conditional right to intervene; or
(b) when an applicant’s claim or defense and the main action have a question of law or fact in common.
When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a governmental officer or agency or upon any regulation, order, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action. In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-21/rule-21-3/
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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 IV - PARTIES›Rule 21 - Intervention›Rule 21.3 - Validity of constitutional provision, statute, executive order, franchise or administrat...
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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 IV - PARTIES › Rule 21 - Intervention › Rule 21.3 - Validity of constitutional provision, statute, executive order, franchise or administrative regulation
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When the constitutionality of a statute, executive order, franchise or administrative regulation of the Commonwealth of Puerto Rico is drawn in question in any action to which the Commonwealth or an officer or agency of the same is not a party, the court shall order that said challenge be notified to the Secretary of Justice and shall allow the Commonwealth of Puerto Rico to intervene.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-21/rule-21-4/
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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 IV - PARTIES›Rule 21 - Intervention›Rule 21.4 - Procedure
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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 IV - PARTIES › Rule 21 - Intervention › Rule 21.4 - Procedure
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A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 67. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-21/rule-21-5/
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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 IV - PARTIES›Rule 21 - Intervention›Rule 21.5 - Right to intervene of third parties claiming personal or real property attached by order...
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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 IV - PARTIES › Rule 21 - Intervention › Rule 21.5 - Right to intervene of third parties claiming personal or real property attached by order of the court
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Whenever a marshal executes a writ of execution, a writ of attachment, or any other order against any item of personal or real property, and said property, or any part thereof or any interest in the same is claimed by one not a party to the action, said third party shall be entitled to bring a motion to intervene. The procedure to intervene in relation to real or personal property shall be governed by these rules.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-21/rule-21-6/
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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 IV - PARTIES›Rule 21 - Intervention›Rule 21.6 - Motion to release property; bond
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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 IV - PARTIES › Rule 21 - Intervention › Rule 21.6 - Motion to release property; bond
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In cases where the third-party intervenor wishes to obtain possession of the attached property, he shall file a motion to that effect and the court shall decide on it after holding a hearing to give the parties the opportunity to present their views on the intervenor’s motion. If the motion is granted, the third-party intervenor shall, in order to have possession restored to him, give security for the amount of the attachment, plus any other sum determined by the court to protect the rights of the affected party.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-21/rule-21-7/
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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 IV - PARTIES›Rule 21 - Intervention›Rule 21.7 - Conditions to the bond
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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 IV - PARTIES › Rule 21 - Intervention › Rule 21.7 - Conditions to the bond
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A bond shall be executed on condition that if the claimant fails to justify his claim, he shall return the property to the attaching officer, to his successor or the depositary of the property, and shall be liable for any damage or impairment sustained by the same, including total loss. The claimant shall likewise pay any other compensation the court deems fair and reasonable under the specific facts of the case.
If the claimant prevails, the bond shall be released.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-22/rule-22-1/
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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 IV - PARTIES›Rule 22 - Substitution of parties›Rule 22.1 - Death
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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 IV - PARTIES › Rule 22 - Substitution of parties › Rule 22.1 - Death
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(a) If a party dies and the claim is not thereby extinguished, any of the parties to the action or their attorneys shall give notice of the death to the court and to the other parties within thirty (30) days after actual knowledge is had of the death. Upon motion made within six (6) months after said notice, the court shall order the substitution of the appropriate parties for the deceased. If substitution is not so made, the action shall be dismissed as to the deceased party. The motion for substitution may be made by the successors or representatives of the deceased or by any party, and shall be served on the parties as provided in Rule 67, and upon persons not parties as provided in Rule 4.
(b) In the event of the death of one or more of the plaintiffs or one or more of the defendants in which the right sought to be enforced survives only to the surviving plaintiffs or the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-22/rule-22-2/
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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 IV - PARTIES›Rule 22 - Substitution of parties›Rule 22.2 - Incompetency
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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 IV - PARTIES › Rule 22 - Substitution of parties › Rule 22.2 - Incompetency
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If a party becomes incompetent, the court upon motion served as provided in Rule 22.1 may allow the action to be continued by or against his guardian or guardian ad litem.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-22/rule-22-3/
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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 IV - PARTIES›Rule 22 - Substitution of parties›Rule 22.3 - Transfer of interest
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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 IV - PARTIES › Rule 22 - Substitution of parties › Rule 22.3 - Transfer of interest
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In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in Rule 22.1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-iv/rule-22/rule-22-4/
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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 IV - PARTIES›Rule 22 - Substitution of parties›Rule 22.4 - Public officers
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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 IV - PARTIES › Rule 22 - Substitution of parties › Rule 22.4 - Public officers
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When an officer of the United States, or of the Commonwealth of Puerto Rico, its municipalities or any of its agencies or instrumentalities is a party to an action in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action will not be dismissed and his successor will automatically be substituted as a party.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-23/rule-23-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 23 - General provisions governing discovery›Rule 23.1 - Scope of discovery
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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 V - PRETRIAL PROCEEDINGS › Rule 23 - General provisions governing discovery › Rule 23.1 - Scope of discovery
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Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:
(a) In general. — The parties may obtain discovery regarding any matter not privileged, which is relevant to the matter in controversy in the pending action, whether it relates to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, information electronically stored, documents or other tangible objects and the identity and address of persons having knowledge of any pertinent facts. It is not grounds for objection that the information sought will be inadmissible at the trial, if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
(b) Documents, tangible things and other evidence obtained in preparation for the trial. — Subject to the provisions of subsection (c) of this rule, a party may obtain discovery of documents and tangible things prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative including his attorney, consultant, surety, insurer or agent. Mental impressions, conclusions, opinions or legal theories of an attorney or other representative of a party concerning a litigation shall be protected against disclosure. A party may require from the other party a list of the persons whom the other party expects to call as witnesses at trial, as well as a brief summary of each witness’ proposed statement. Likewise, any party may require any other party to produce a copy of all witnesses’ statements within said party’s possession. Also, parties and witnesses alike may obtain a copy of any statement previously made by them. For purposes of this rule, a statement previously made is any written statement signed or approved by the person making it, or any recording of an oral statement, or a transcription thereof.
(c) Experts. — Discovery of expert evidence may be obtained as follows:
(1) A party may through interrogatories require any other party to furnish the names and addresses of all experts the other party has already consulted, and of those whom he expects to call as witnesses at trial. With respect to the latter, the party may also be required to state the subject matter on which the expert is expected to testify, and to state the substance of the expert’s opinions as well as a brief summary of the theories, facts and arguments supporting each opinion. Upon motion, the court may order further discovery of expert evidence by other means, subject to such conditions or restrictions as it may deem appropriate.
(2) A party may discover facts known or opinions held by an expert who has been retained by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 32.2 or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.
(3) The court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery. If the party seeking discovery of expert evidence should prove to the court’s satisfaction to be without means to pay said fees, the court may order discovery in such terms and conditions as it may deem just and reasonable.
(4) The court is empowered to summon expert witnesses other than those of the parties, subject to such conditions as it may in its discretion deem appropriate, including witness’ compensation by one or both parties.
(d) Continuing obligation to give information. — A party responding to a request for discovery is under a continuing duty to give his opponent any additional information obtained after response was made and which may be related to the discovery.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1; Dec. 26, 2006, No. 297, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-23/rule-23-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 23 - General provisions governing discovery›Rule 23.2 - Protective orders
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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 V - PRETRIAL PROCEEDINGS › Rule 23 - General provisions governing discovery › Rule 23.2 - Protective orders
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Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court may make any order which justice requires to protect said party or person from annoyance, embarrassment, oppression or undue burden or expense. The order of the court may include one or more of the following measures:
(a) That the discovery not be had;
(b) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;
(c) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;
(d) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;
(e) that the discovery be conducted in the presence of those persons authorized by the court;
(f) that a deposition after being sealed be opened only by order of the court;
(g) that a trade secret or other confidential information not be disclosed or be disclosed only under certain conditions;
(h) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.
If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order the moving party to provide or permit discovery. The provisions of Rule 34 shall apply to the award of fees and expenses incurred in relation to the motion.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-23/rule-23-3/
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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 V - PRETRIAL PROCEEDINGS›Rule 23 - General provisions governing discovery›Rule 23.3 - Manner of conducting discovery
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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 V - PRETRIAL PROCEEDINGS › Rule 23 - General provisions governing discovery › Rule 23.3 - Manner of conducting discovery
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Unless the court upon motion by a party, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery by any method shall not operate to delay or postpone any other party’s discovery.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-23/rule-23-4/
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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 V - PRETRIAL PROCEEDINGS›Rule 23 - General provisions governing discovery›Rule 23.4 - Term to use mechanisms for conducting discovery
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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 V - PRETRIAL PROCEEDINGS › Rule 23 - General provisions governing discovery › Rule 23.4 - Term to use mechanisms for conducting discovery
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The parties shall carry out all discovery transactions within sixty (60) days after service of the answer to the complaint, counterclaim, third-party complaint and cross-claim. If the circumstances of the case so require and in order to ensure a speedy disposition of the action, the court may extend or shorten this period.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-24/rule-24-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 24 - Depositions before action or pending appeal›Rule 24.1 - Before action
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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 V - PRETRIAL PROCEEDINGS › Rule 24 - Depositions before action or pending appeal › Rule 24.1 - Before action
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(a) Petition. — A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in court may file a verified petition to that effect. The petition shall be entitled in the name of the petitioner and shall show:
(1) That the petitioner expects to be a party to an action cognizable in court but is presently unable to bring it or cause it to be brought;
(2) the subject matter of the expected action and his interest therein;
(3) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it;
(4) the names or a description of the persons he expects will be adverse parties and their addresses so far as known; and
(5) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each.
(b) Notice. — After the petition is filed, the petitioner shall serve a notice upon each person named in the petition as an expected adverse party. The notice shall be served in the manner provided in Rule 4.4 for service of summons, and a period of not less than fifteen (15) days shall be allowed for the parties so served to raise any objections to the petition; but if such service cannot with due diligence be made upon any of the persons named in the petition, the court may make such order as is just for service by publication or otherwise, and shall take such measures as are appropriate to safeguard the interests of persons who have not been notified. If any of the persons is a minor or incompetent, the provisions of Rule 15.2 shall apply.
(c) Order and examination. — If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with these rules and the court may make orders of the character provided for by Rules 31 and 32. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.
(d) Use of deposition. — If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the jurisdiction in which it is taken, it may be used in any action subsequently brought involving the same subject matter, in accordance with the provisions of Rule 29.1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-24/rule-24-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 24 - Depositions before action or pending appeal›Rule 24.2 - During the appeal
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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 V - PRETRIAL PROCEEDINGS › Rule 24 - Depositions before action or pending appeal › Rule 24.2 - During the appeal
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If an appeal has been entered against a judgment of a court, or prior to entering an appeal if the term therefor has not expired, the part of the court which rendered the judgment shall allow the taking of the depositions of witnesses to perpetuate their testimony to be used in the event of further proceedings before it. In such case, the party who wishes to perpetuate the testimony may file a motion before the part of the court requesting permission to take the depositions, giving equal notice and service to the opposing party as if the action was pending in that part. The motion shall state:
(1) The names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and
(2) the reason for perpetuating their testimony.
If the court finds that perpetuation of the testimony is necessary to avoid a miscarriage or delay of justice, it may issue orders similar to those provided in Rules 31 and 32; and from then on these depositions may be taken and used in the same manner and under the same conditions provided in these rules for depositions in pending actions.
History —Amended on Dec. 25, 1995, No. 249, § 9, eff. May 1, 1996.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-25/rule-25-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 25 - Persons before whom depositions May be taken›Rule 25.1 - Within Puerto Rico and the United States
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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 V - PRETRIAL PROCEEDINGS › Rule 25 - Persons before whom depositions May be taken › Rule 25.1 - Within Puerto Rico and the United States
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Within Puerto Rico, within the United States, or within any territory or possession subject to the dominion or jurisdiction thereof, depositions shall be taken before an officer authorized to administer oaths by the laws of Puerto Rico or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths, take testimony, and preside over the taking of depositions. It is not necessary for the person administering the oath to remain at the place where the deposition is to be taken after the deponent has been sworn.
When a person through an affidavit certifies before the court that he lacks the means to meet the expense of taking a deposition, the court may order that the deposition be taken under such conditions as it deems appropriate.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-25/rule-25-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 25 - Persons before whom depositions May be taken›Rule 25.2 - In foreign countries
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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 V - PRETRIAL PROCEEDINGS › Rule 25 - Persons before whom depositions May be taken › Rule 25.2 - In foreign countries
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In a foreign country, depositions may be taken on notice:
(1) Before a person authorized to administer oaths in the place in which the examination is held, or
(2) before a person or officer commissioned by the court for this purpose, or
(3) pursuant to a letter rogatory.
A commission or a letter togatory shall be issued only when necessary and convenient, on application and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed “To the Appropriate Authority in (here the name of the country).” Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within Puerto Rico.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-25/rule-25-3/
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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 V - PRETRIAL PROCEEDINGS›Rule 25 - Persons before whom depositions May be taken›Rule 25.3 - Disqualification for interest
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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 V - PRETRIAL PROCEEDINGS › Rule 25 - Persons before whom depositions May be taken › Rule 25.3 - Disqualification for interest
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No deposition shall be taken before a person who is a relative within the fourth degree of consanguinity or the second degree of affinity, or employee or attorney of any of the parties, or is a relative within the degrees mentioned or employee of such attorney, or is financially interested in the action.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-26/rule-26/
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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 V - PRETRIAL PROCEEDINGS›Rule 26 - Stipulations Regarding Depositions and Other Methods of Discovery›Rule 26 - Stipulations Regarding Depositions and Other Methods of Discovery
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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 V - PRETRIAL PROCEEDINGS › Rule 26 - Stipulations Regarding Depositions and Other Methods of Discovery › Rule 26 - Stipulations Regarding Depositions and Other Methods of Discovery
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Unless the court orders otherwise, the parties may stipulate:
(2) That depositions be taken before any person, at any time or place, upon any notice, and in any manner, and when so taken may be used like other depositions, or that the procedures provided by these rules for other methods of discovery may be modified.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.1 - When depositions may be taken
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.1 - When depositions may be taken
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(a) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination, without leave of court, except that plaintiff may not take any deposition whatsoever without leave of court before the expiration of twenty (20) days after service of the summons upon the defendant. If the defendant has sought discovery within the twenty-day period, the above-mentioned limitation does not apply. The attendance of witnesses may be compelled by subpoena as provided in Rule 40. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.
(b) Leave of court is not required for the taking of a deposition by plaintiff within the twenty-day period after service of summons on the defendant if the notice states that the person to be examined is about to go out of Puerto Rico and will be unavailable for oral examination later. The plaintiff’s attorney shall sign the notice and his signature constitutes a certification by him that, to the best of his knowledge, information, and belief, the facts set forth therein are true. The signature will also be subject to the provisions of Rule 9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.2 - Notice of examination; time and place
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.2 - Notice of examination; time and place
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A party desiring to take the deposition of any person upon oral examination shall give notice in writing, at least ten (10) days in advance, to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. The notice to a party deponent may be accompanied by a request made in compliance with Rule 31 for the production of documents and tangible things. If the deponent is not one of the parties and a subpoena for the production of documents and tangible things at the taking of the deposition is to be served on him, the designation of these documents or things shall be included in the notice to the parties. The place where the examination is to be held and the subpoena for the taking of the deposition are subject to the provisions of Rule 40.4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-3/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.3 - Regulation by the court
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.3 - Regulation by the court
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On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time for taking the deposition. Also, the court may determine the time, place, and order for taking the depositions, as well as all other matters covered in Rule 27.2, at the convenience of the parties, witnesses, and justice.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-4/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.4 - Alternate means of recording and filing
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.4 - Alternate means of recording and filing
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(a) The party requesting the deposition shall be able to choose that the latter be taken or recorded by any other means other than stenographic, shorthand, or any other similar means, such as video or sound recording, or both. The “Rules for Recording and Videotaping in Court” of December 30, 1981, shall provide the way in which the depositions shall be taken and recorded, as well as the custody and disposition thereof, and shall establish the provisions for the recording and preservation of said testimony in a correct and trustworthy manner. If the deposition is taken by any alternate means other than stenographic, shorthand or similar means, any of the parties shall record and transcribe said deposition through stenographic, shorthand, or any other similar means, at their expense.
(b) The procedure to preserve and reproduce a recorded deposition made through simultaneous sound or video method shall be as follows:
(1) The notification of the recording of the deposition shall be made according to Rule 27.2 of this appendix.
(2) The recording of the deposition shall start by identifying the case, the parties, the appearing legal counselors, the day, time, and place in which the deposition is being recorded.
(3) If the deposition is to be preserved through any simultaneous sound or video method, the deponent shall be treated pursuant to provisions of Rule 25 of this appendix and, in the event where the recording equipment does not have an internal clock, he/she shall be sit near to a clock that shall remain in the range of the camera at all times during the deposition.
(4) Once the deposition has concluded, partially or entirely, the petitioner thereof shall make a statement to such effects, including time and date.
(c) The interested parties are entitled to be provided with an accurate copy of the deposition by the person or party that recorded it, upon payment of the reasonable expenses of the duplication.
(d) If the preservation and reproduction of the deposition is made through a simultaneous sound and video method, the equipment and videotape shall be of wide access and use.
History —June 3, 2008, No. 84, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-5/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.5 - Depositions of corporations or organizations
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.5 - Depositions of corporations or organizations
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A party may in his notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. Absent specification by the party as to the person to be examined, the organization named as deponent shall designate one or more officers, directors, agents or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. A subpoena shall advise a nonparty organization of its duty to make such appointment or designation. The person so designated shall testify as to matters known or reasonably available to the organization.
This rule does not preclude taking a deposition by any other authorized procedure.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-6/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.6 - Form of examination; record of examination; oath; objections
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.6 - Form of examination; record of examination; oath; objections
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A witness may be questioned on direct examination and cross-examination. A person designated under Rule 25 shall put the witness on oath and shall personally, or by someone acting under his direction, record the testimony of the witness. If the person before whom the deposition is taken is not present, in accordance with Rule 25.1, the person taking down the deposition shall leave record of it. The deposition shall be recorded by stenographic or similar means, or by any other means as directed by the court pursuant to Rule 27.4.
A party not interested in a transcription of the deposition shall so state before the court by motion to that effect, giving the reasons therefor and specifying that said deposition will not be used at trial. If the motion is granted, the deposition shall not be transcribed and shall remain under the custody of the court.
All objections made at the time of the examination shall be entered in the record and the evidence objected to shall be taken subject to the decision of the court.
In lieu of participating in the oral examination, a party may serve written questions in a sealed envelope on the person before whom the deposition is to be taken, who will in turn transmit them to the witness.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-7/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.7 - Reading, amendment and signing of deposition
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.7 - Reading, amendment and signing of deposition
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When the testimony is transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties, which shall be entered upon the record. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the person before whom the deposition was taken or, in his absence, by the person recording the deposition with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the reasons therefor shall be entered upon the record and the deposition may then be used for all legal purposes unless on a motion to suppress under Rule 29.4 the court holds that the reasons given for refusal to sign require rejection of the deposition in whole or in part.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-8/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.8 - Certification and notice of deposition
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.8 - Certification and notice of deposition
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(a) The person before whom the deposition is taken or, in his absence, the person recording the examination shall certify on the deposition that the witness was duly sworn and that the deposition is a true and exact transcript of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked “Deposition of (here insert name of witness)” and shall promptly deliver it to the party taking it, who shall in turn be obliged to notify all other parties that the deposition is in his possession. Furthermore, he shall be obliged to keep the deposition and produce it at the trial, unless it is not to be used in the trial, in accordance with Rule 27.6.
(b) Documents and things produced for inspection during the examination of the witness shall, upon request of a party, be marked for identification and annexed to the transcript of the deposition. Said documents and things may be inspected and copied by any party. The person producing the documents or things may substitute copies to be marked for identification, if he affords to all parties fair opportunity to verify that the copies are true and exact to the originals. Also, if the person producing the documents or things requests their return, each party will be given an opportunity to inspect and copy them, and they will be returned to the person producing them after being duly marked by the parties and the materials may then be used in the same manner as if annexed to the deposition.
(c) Upon payment of a prescribed fee therefor, the person before whom the deposition is taken or, in his absence, the person taking or recording the examination shall furnish a copy of the deposition to any party to the action or to the deponent.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-27/rule-27-9/
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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 V - PRETRIAL PROCEEDINGS›Rule 27 - Depositions upon oral examination›Rule 27.9 - Failure to attend or to serve subpoena
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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 V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.9 - Failure to attend or to serve subpoena
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(a) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith, and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including a reasonable amount for attorney’s fees.
(b) If the party giving the notice of the taking of a deposition fails to serve the witness with a subpoena and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay such other party the reasonable expenses incurred by him and his attorney in attending, including a reasonable amount for attorney’s fees.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-28/rule-28-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 28 - Depositions upon written questions›Rule 28.1 - Notice and service of questions
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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 V - PRETRIAL PROCEEDINGS › Rule 28 - Depositions upon written questions › Rule 28.1 - Notice and service of questions
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A party desiring to take the deposition of any person upon written questions shall serve them upon every other party with a notice stating the name and address of the person who is to answer them, the name or descriptive title and address of the person who will administer the oath of the deposition, and the name and address of the person who is to take or record the deposition. Within ten (10) days after service of notice, the party so served may serve cross questions upon the party who proposed the taking of the deposition. Within five (5) days after being served with cross questions, a party may serve redirect questions upon a party who has served said cross questions. Within three (3) days after being served with redirect questions, a party may serve recross questions upon the party who proposed the taking of the deposition.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-28/rule-28-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 28 - Depositions upon written questions›Rule 28.2 - Taking of responses; preparation of record; duties
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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 V - PRETRIAL PROCEEDINGS › Rule 28 - Depositions upon written questions › Rule 28.2 - Taking of responses; preparation of record; duties
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A copy of the notice and copy of all questions served shall be delivered by the party taking the deposition to the person before whom the deposition is taken, pursuant to Rule 27.6. Said person or, in his absence, the person who is to record the deposition shall proceed promptly, pursuant to Rules 27.6, 27.7, and 27.8, to take the testimony of the witness in response to the questions and to prepare, certify, and dispose of the deposition, attaching thereto the copy of the notice and the questions received by him.
When the party taking the deposition is served with it, he shall give notice thereof to all other parties. He shall also keep the deposition and produce it at the trial, unless it is not to be used, pursuant to Rule 27.6.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-28/rule-28-3/
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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 V - PRETRIAL PROCEEDINGS›Rule 28 - Depositions upon written questions›Rule 28.3 - Orders for the protection of parties and deponents
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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 V - PRETRIAL PROCEEDINGS › Rule 28 - Depositions upon written questions › Rule 28.3 - Orders for the protection of parties and deponents
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After service of notice and written questions, and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent and upon notice and good cause shown, may make any order specified in Rule 23.7 which is appropriate and just or it may make an order that the deposition shall not be taken before the person designated in the notice or that it shall not be taken except upon oral examination.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-29/rule-29-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 29 - Use of depositions in court proceedings›Rule 29.1 - Use of depositions
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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 V - PRETRIAL PROCEEDINGS › Rule 29 - Use of depositions in court proceedings › Rule 29.1 - Use of depositions
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At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the Rules of Evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:
(a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
(b) The deposition of a party or of anyone who at the time of taking the deposition was an officer, official, director, or managing agent, or a person designated under Rule 27.5 to testify on behalf of a public or private corporation, partnership, association or governmental agency which is a party to the action, may be used by an adverse party for any purpose.
(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds:
(1) That the witness is dead; or
(2) that it has been shown that it would be burdensome to require the appearance at trial of a witness who is out of Puerto Rico, unless it appears that the absence of the witness was procured by the party offering the deposition; or
(3) that the witness is unable to attend or testify because of age, illness or disability; or
(4) that the party offering the deposition has been unable to produce the attendance of the witness by subpoena; or
(5) upon application and notice, that such exceptional circumcumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
(d) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce any other part which ought in fairness to be considered with the part introduced; also any party may introduce any other parts.
Substitution of parties does not affect the right to use depositions previously taken; and, when an action in the General Court of Justice or in any court of the United States or of any of its states, territories or possessions has been dismissed and another action involving the same subject matter is afterwards brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-29/rule-29-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 29 - Use of depositions in court proceedings›Rule 29.2 - Objections to admissibility
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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 V - PRETRIAL PROCEEDINGS › Rule 29 - Use of depositions in court proceedings › Rule 29.2 - Objections to admissibility
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Subject to the provisions of these rules, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-29/rule-29-3/
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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 V - PRETRIAL PROCEEDINGS›Rule 29 - Use of depositions in court proceedings›Rule 29.3 - Effect of taking or using depositions
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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 V - PRETRIAL PROCEEDINGS › Rule 29 - Use of depositions in court proceedings › Rule 29.3 - Effect of taking or using depositions
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A party does not make a person his own witness for any purpose merely by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in Rule 29.1(b). At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-29/rule-29-4/
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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 V - PRETRIAL PROCEEDINGS›Rule 29 - Use of depositions in court proceedings›Rule 29.4 - Effect of errors and irregularities in depositions
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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 V - PRETRIAL PROCEEDINGS › Rule 29 - Use of depositions in court proceedings › Rule 29.4 - Effect of errors and irregularities in depositions
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(a) As to notice. — All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.
(b) Capacity of person before whom the deposition is taken. — Objection to taking a deposition because of disqualification of the person before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
(c) As to taking of deposition. —
(1) Objections to the competency of a witness or to the admissibility of a testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.
(2) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.
(3) Objections to the form of written questions submitted under Rule 28 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within five (5) days after service of the last written questions authorized.
(d) As to completion and return of deposition. — Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted or filed are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-30/rule-30-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 30 - Interrogatories to parties›Rule 30.1 - Procedures for use
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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 V - PRETRIAL PROCEEDINGS › Rule 30 - Interrogatories to parties › Rule 30.1 - Procedures for use
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Any party may serve upon any other party written interrogatories to be answered by the party so served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer, official or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action. They may also be served upon any other party to the action, provided said party has been duly summoned and they are attached to the summons served on said party. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to.
If the interrogatory were objected to, the reasons for objection shall be stated by motion in lieu of an answer and a copy of the interrogatory objected to shall be furnished. If only part of the interrogatory were objected to, the party objecting to it shall include the question verbatim, together with a statement of the reasons for objection. If this be the case, the objecting party shall serve, together with his objections, the answers to the remainder of the interrogatory upon the party who submitted it.
The answers are to be signed and sworn by the person making them. The party upon whom the interrogatories have been served shall serve a copy of the answers or objections if any, or both, upon the party who served the interrogatories within thirty (30) days after service thereof. The court may, upon motion and good cause shown, allow a shorter or longer time.
The party submitting the interrogatories may make objections to the answers thereto by motion to that effect which shall include a verbatim transcript of the question and answer involved and the reasons for objection.
The party submitting the interrogatories may move for an order under Rule 34 with respect to any objection to or other failure to answer an interrogatory.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-30/rule-30-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 30 - Interrogatories to parties›Rule 30.2 - Scope; use at trial
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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 V - PRETRIAL PROCEEDINGS › Rule 30 - Interrogatories to parties › Rule 30.2 - Scope; use at trial
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Interrogatories may relate to any matters which can be inquired into under Rule 23 and the answers may be used to the extent permitted by the Rules of Evidence. Any interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or to conclusions of law, but the court may upon good cause shown order that such an interrogatory need not be answered or that it be answered under such conditions as are reasonable and when it is appropriate.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-30/rule-30-3/
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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 V - PRETRIAL PROCEEDINGS›Rule 30 - Interrogatories to parties›Rule 30.3 - Option to produce books or documents
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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 V - PRETRIAL PROCEEDINGS › Rule 30 - Interrogatories to parties › Rule 30.3 - Option to produce books or documents
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Where the answer to an interrogatory may be derived from the books or documents of the party upon whom the interrogatory has been served and the burden of deriving the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records, books or documents from which the answer may be derived and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect them and to make copies, compilations or summaries.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-31/rule-31-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 31 - Discovery of documents and things for inspection, copying or photographing›Rule 31.1 - Scope
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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 V - PRETRIAL PROCEEDINGS › Rule 31 - Discovery of documents and things for inspection, copying or photographing › Rule 31.1 - Scope
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In addition to the right to seek the production of any document or thing for inspection in connection with an examination under Rule 27 or interrogatories under Rule 30, a party may pursuant to Rule 23.2 serve on any other party a request:
(1) To produce and permit the inspection, copying or photographing, by or on behalf of the appellant party, of any designated documents, papers, electronically stored information translated, if necessary, into information comprehensible to those who solicit the same, books, accounts, letters, photographs, objects or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 23.1 of this appendix and which are in its possession, custody or control, or
(2) to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying or photographing the property or any object or operation thereon within the scope of the examination permitted by Rule 23.1.
The request shall specify the date, time, place and manner of making the inspection and taking the copies and photographs, and may prescribe such terms and conditions as are just.
History —Dec. 26, 2006, No. 297, § 2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-31/rule-31-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 31 - Discovery of documents and things for inspection, copying or photographing›Rule 31.2 - Procedure
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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 V - PRETRIAL PROCEEDINGS › Rule 31 - Discovery of documents and things for inspection, copying or photographing › Rule 31.2 - Procedure
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The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party. The request shall set forth the items to be inspected, which must be described with reasonable particularity, and it shall also specify a reasonable date, time, place and manner for making the inspection.
The party upon whom the request is served shall serve a written response within fifteen (15) days after the service of the request, unless the court fixed a different term. The response shall state, with respect to each item designated in the request, that inspection will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. The party submitting the request may move for an order under Rule 34.1 with respect to any objection to or other failure to respond to the request of any part thereof, or any failure to permit objection as requested.
The documents shall be produced just as they are kept in the ordinary course of business, the party producing them being allowed only to organize and identify them so that they correspond with the item designated in the request.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-32/rule-32-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 32 - Physical and mental examination of persons›Rule 32.1 - Order for examination
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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 V - PRETRIAL PROCEEDINGS › Rule 32 - Physical and mental examination of persons › Rule 32.1 - Order for examination
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In a suit in which the mental or physical condition of a party, including the blood group or genetic structure, is in dispute, the court in which the suit is pending may order said party to submit to a physical or mental examination by a physician. The order may only be issued through a motion upon notice to the party to be examined, and to all the other parties, and shall specify the date, time, place, manner, conditions and scope of the examination and the physician or physicians that shall perform it.
History —Amended on Jan. 4, 2000, No. 11, § 1, eff. 30 days after Jan. 4, 2000.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-32/rule-32-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 32 - Physical and mental examination of persons›Rule 32.2 - Medical report
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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 V - PRETRIAL PROCEEDINGS › Rule 32 - Physical and mental examination of persons › Rule 32.2 - Medical report
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(a) If requested by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings. After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition. If the party examined refuses to deliver said report, the court on motion duly served may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make a report the court may exclude his testimony if offered at trial.
(b) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical condition.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-33/rule-33/
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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 V - PRETRIAL PROCEEDINGS›Rule 33 - Requests for Admission›Rule 33 - Requests for Admission
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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 V - PRETRIAL PROCEEDINGS › Rule 33 - Requests for Admission › Rule 33 - Requests for Admission
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(a) Requests for admission. — For purposes of the pending action only, a party may serve upon any other party a written request for the admission of the truth of any matters within the scope of Rule 23.1 set forth in the request that relate to statements or opinions of facts or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party after service of the summons upon that party.
Each matter of which an admission is requested shall be separately set forth. All matters of which an admission is requested shall be deemed admitted unless, within twenty (20) days after service of the request, or within such term as the court upon motion and notice may allow, the party to whom the request is directed serves upon the party requesting the admission an answer made under oath by said party, or written objection addressed to the matter. Unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of twenty (20) days after service of the copy of the summons and complaint upon him. Notice shall be given in the request to the effect that if answers are not served within the time specified the matter shall be deemed admitted. If objection is made to the request for admission, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and deny only the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry to obtain such information and that the information known or obtained by him is insufficient to enable him to admit or deny. A party may not object to the request on the sole ground that the matter of which an admission has been requested presents a justiciable controversy; he may, subject to the provisions of Rule 34.3, deny the matter or set forth the reasons why he cannot admit it or deny it.
The party who has requested the admissions may move to determine the sufficiency of the answers of objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter be admitted or that an amended answer be served. The court may, in lieu of these orders, determine that a final disposition of the request be made at a pretrial conference or at a designated time prior to trial. The provisions of Rule 34.1(d) apply to the award of expenses incurred in relation to the motion.
(b) Effect of admission. — Any admission made under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 37 governing amendment of a pretrial order, the court may permit withdrawal or amendment of the admission when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his claim or defense. Any admission made by a party under these rules is for the purpose of the pending action only and is not an admission by him for any other purpose nor may it be used against him in any other proceeding.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-34/rule-34-1/
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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 V - PRETRIAL PROCEEDINGS›Rule 34 - Refusal to make discovery and consequences›Rule 34.1 - Motion for order compelling discovery
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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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.1 - Motion for order compelling discovery
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If a party refuses to make the discovery requested, the party moving for discovery under this rule may upon reasonable notice to all persons affected thereby apply for an order compelling discovery as follows:
(a) Appropriate court. — An application for an order to a party may be made to the court in which the action is pending.
(b) Motion. — If a deponent refuses to answer a question propounded or submitted under Rule 27 or 28, or a corporation or organization fails to designate a person in accordance with Rule 27.5, or the party fails to answer an interrogatory submitted under Rule 30, or if a party, in response to an order made under Rule 31, fails to respond or fails to answer a request to carry out an inspection, the discovering party may move for an order compelling an answer, or a specification of the things requested, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order.
(c) Evasive or incomplete answer. — For purposes of this subsection, an evasive or incomplete answer is to be treated as a failure to answer.
(d) Award of expenses. — If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent who did not comply with the order or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney’s fees, unless the court finds that the opposition to the motion was substantially justified or that, under the circumstances, an award of expenses would be unjust.
If the motion is denied, the court shall, after opportunity for hearing, require the moving party or attorney advising him or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney’s fees, unless the court finds that the making of the motion was substantially justified or that under the circumstances an award of expenses would be unjust.
Where the circumstances so require, the court may apportion the reasonable expenses incurred among the parties or the persons involved, or both.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-34/rule-34-2/
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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 V - PRETRIAL PROCEEDINGS›Rule 34 - Refusal to make discovery and consequences›Rule 34.2 - Failure to comply with order
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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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.2 - Failure to comply with order
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(a) Contempt. — If a party refuses to be sworn or refuses to answer any question after being directed to do so by the court, the refusal may be considered a contempt of that court.
(b) Other consequences. — If a party, or an officer or managing agent of a party or a person designated under Rule 27.5 or 28 to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under Rules 34.1 and 32, the court may make such orders in regard to the refusal as are just, and among others the following:
(1) An order that the matters included in the aforementioned orders or any other facts designated by the court shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matter in evidence;
(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;
(4) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any of said orders except an order to submit to a physical or mental examination;
(5) Where a party has failed to comply with an order under Rule 32 requiring him to produce another person under his custody for examination, such orders as are listed in clauses (1), (2) and (3) of this subsection, unless the party failing to comply shows that he is unable to produce such person for examination.
(6) An order, under such conditions as the court may deem just, imposing an economic sanction on any party, witness, or attorney as a result of his conduct.
(c) In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him or both to pay the expenses incurred, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that under the circumstances an award of expenses would be unjust.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-34/rule-34-3/
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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 V - PRETRIAL PROCEEDINGS›Rule 34 - Refusal to make discovery and consequences›Rule 34.3 - Expenses on refusal to admit
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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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.3 - Expenses on refusal to admit
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If a party refuses to admit the genuineness of any document or the truth of any matter as requested under Rule 33, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, said party may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including attorney’s fees. The court shall grant said award unless it finds that:
(1) The request was held objectionable pursuant to Rule 33(a); or
(2) the admissions sought were of no substantial importance; or
(3) the party which refused to admit had reasonable grounds to believe that he might prevail on the matter; or
(4) there was other good reason for the refusal.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-34/rule-34-4/
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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 V - PRETRIAL PROCEEDINGS›Rule 34 - Refusal to make discovery and consequences›Rule 34.4 - Failure of a party to attend at own deposition or serve answers to interrogatories or re...
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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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.4 - Failure of a party to attend at own deposition or serve answers to interrogatories or respond to request for inspection
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If a party or an officer or managing agent of a party or a person designated under Rule 27.5 or 28 to testify on behalf of a party fails:
(1) To appear before the person before whom his deposition is to be taken after being served with a proper notice, or
(2) to serve answers or objections to interrogatories submitted under Rule 30, after proper service of the interrogatories, or
(3) to serve a written response to a request for inspection, after proper service of the request,
the court on motion of party may make such orders in regard to the failure as are just, and among others it may take any action authorized under clauses (1), (2) and (3) of subsection (b) of Rule 34.2. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to comply or the attorney advising him or both to pay the reasonable expenses, including attorney’s fees, caused by the refusal, unless the court finds that the failure was substantially justified or that other circumstances make an award of expense unjust.
The failure to comply described in this subsection may not be excused on the ground that the discovery sought is objectionable unless the party failing to comply has obtained a protective order as provided by Rule 23.2.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-34/rule-34-5/
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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 V - PRETRIAL PROCEEDINGS›Rule 34 - Refusal to make discovery and consequences›Rule 34.5 - Expenses against the Commonwealth of Puerto Rico
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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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.5 - Expenses against the Commonwealth of Puerto Rico
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Expenses may be awarded against the Commonwealth of Puerto Rico under this rule, but not attorney’s fees.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-35/rule-35-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 35 - Offer of judgment and payment›Rule § 35.1 - Offer of judgment
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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 V - PRETRIAL PROCEEDINGS › Rule 35 - Offer of judgment and payment › Rule § 35.1 - Offer of judgment
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At any time prior to the ten (10) days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with the costs accrued up to that time. The offer shall comply with the following requirements:
(1) Shall be in writing and served to the party for which it is intended through certified mail.
(2) It shall specify who is making the offer and to whom it is directed.
(3) It shall establish the amount, if any, offered for damages.
(4) It shall specify the total amount of property and conditions offered.
(5) It shall establish the amount for costs accrued up to that time.
If within ten (10) days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and it shall not be admissible in evidence except in a proceeding to determine the costs, expenses and attorney’s fees or in a proceeding to enforce compliance of a judgment rendered, product of the offer of judgment.
If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs, expenses and attorney’s fees incurred by the party that made the offer after the making of the offer.
The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party has been determined by judgment, but the amount of the damages or the extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten (10) days prior to the commencement of the hearing.
History —Sept. 27, 2007, No. 126, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-35/rule-35-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 35 - Offer of judgment and payment›Rule 35.2 - Offer of payment
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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 V - PRETRIAL PROCEEDINGS › Rule 35 - Offer of judgment and payment › Rule 35.2 - Offer of payment
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When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he is entitled, and thereupon deposits in court, for plaintiff, the amount so tendered, and the allegation is found to be true, the plaintiff cannot recover costs but must pay costs to the defendant as well as the expenses and attorney’s fees.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-35/rule-35-3/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 35 - Offer of judgment and payment›Rule 35.3 - Deposit in court
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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 V - PRETRIAL PROCEEDINGS › Rule 35 - Offer of judgment and payment › Rule 35.3 - Deposit in court
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In an action in which any part of the relief sought is a judgment for a sum of money, or the disposition of any other thing capable of delivery, a party, upon notice to every other party and by leave of court, may deposit with the court all or any part of such sum or thing to be kept by the clerk, subject to withdrawal, in whole or in part, at any time upon order of the court.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-35/rule-35-4/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 35 - Offer of judgment and payment›Rule 35.4 - Entry of judgment by confession
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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 V - PRETRIAL PROCEEDINGS › Rule 35 - Offer of judgment and payment › Rule 35.4 - Entry of judgment by confession
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(a) A judgment by confession may be entered without action, based upon the defendant’s consent, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this rule. Such judgment shall be entered in the docket and notified by the clerk and will become final and unappealable at the date of entry.
(b) Such consent shall appear from a verified statement, signed by the defendant, to the following effect:
(1) It must authorize the entry of judgment for a specified sum.
(2) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability and show that the sum confessed therefor does not exceed the same.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-36/rule-36-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 36 - Summary judgment›Rule 36.1 - For claimant
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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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.1 - For claimant
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A party seeking to recover upon a claim, counterclaim, cross-claim or third-party claim, or to obtain a declaratory judgment may, at any time after the expiration of twenty (20) days from service of the summons or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-36/rule-36-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 36 - Summary judgment›Rule 36.2 - For defending party
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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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.2 - For defending party
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A party against whom a claim, counterclaim, cross-claim or third-party claim is asserted or a declaratory judgment is sought may, at any time, move, with or without supporting affidavits, for a summary judgment in his favor as to all or any part thereof.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-36/rule-36-3/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 36 - Summary judgment›Rule 36.3 - Motion and proceedings
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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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.3 - Motion and proceedings
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The motion shall be served upon the adverse party at least ten (10) days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions offered, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a summary judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on any one issue between the parties which can be separated from the remaining issues. Such judgment may be rendered for or against either party to the action.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
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