url
stringlengths 42
388
| state
stringclasses 50
values | path
stringlengths 83
10.4k
| title
stringlengths 34
2.24k
| content
stringlengths 0
2.39M
|
|---|---|---|---|---|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-36/rule-36-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 36 - Summary judgment›Rule 36.4 - Case not fully adjudicated on motion
|
2023 Laws of Puerto Rico › TITLE 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 36.4 - Case not fully adjudicated on motion
|
If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court, by examining the pleadings and the evidence before it and by listening to counsel’s contentions in a hearing shall ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. Upon issuing its decision, the court shall make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action, the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-36/rule-36-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 36 - Summary judgment›Rule 36.5 - Form of affidavits; further testimony
|
2023 Laws of Puerto Rico › TITLE 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 36.5 - Form of affidavits; further testimony
|
Affidavits supporting and opposing the motion shall be made on personal knowledge. They shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions or further affidavits. When a motion for summary judgment is made and supported as provided in this Rule 36, the adverse party may not rest upon the mere allegations or denials of his pleadings, but his response must be as detailed and specific as the moving party’s would have been, and must set forth such facts pertinent to the controversy as show that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-36/rule-36-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 36 - Summary judgment›Rule 36.6 - When affidavits are unavailable
|
2023 Laws of Puerto Rico › TITLE 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 36.6 - When affidavits are unavailable
|
Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, tile court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery be had, or may make such order as is just.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-36/rule-36-7/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 36 - Summary judgment›Rule 36.7 - Affidavits made in bad faith
|
2023 Laws of Puerto Rico › TITLE 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 36.7 - Affidavits made in bad faith
|
Should it appear to the satisfaction of the court that any of the affidavits presented are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney’s fees, and any offending party or attorney may be adjudged guilty of contempt.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-37/rule-37-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 37 - Pretrial conference›Rule 37.1 - Conference
|
2023 Laws of Puerto Rico › TITLE 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 37 - Pretrial conference › Rule 37.1 - Conference
|
In any action the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:
(a) The simplification of the issues;
(b) The necessity or desirability of amending the pleadings;
(c) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(d) The disclosure of the identity of the witnesses which they propose to use at the trial and the limitation of the number of expert witnesses;
(e) The advisability of a preliminary reference of issues to a master for findings of fact;
(f) Such other measures as may aid in the prompt disposition of the action.
The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order, when entered, controls the subsequent course of the action unless modified at the trial to prevent manifest injustice.
The clerk shall serve the appropriate notice upon the parties at least thirty (30) days prior to the date set for the conference, except where the court upon a showing of unusual circumstances which preclude the conference to be held at such time, or upon motion by a party, orders that it be held at any other time prior to the trial.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-37/rule-37-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 37 - Pretrial conference›Rule 37.2 - Conference of attorneys
|
2023 Laws of Puerto Rico › TITLE 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 37 - Pretrial conference › Rule 37.2 - Conference of attorneys
|
In cases set for a pretrial conference, the attorneys for both parties shall meet informally at least ten (10) days prior to the date of the conference, for the following purposes:
(1) To set forth in writing the controverted as well as the noncontroverted facts.
(2) To exchange lists of potential witnesses in accordance with the discovery obtained.
(3) To decide the designation of an expert witness appointed by the court and stipulate in writing the qualifications of all expert witnesses for both parties.
(4) To examine and mark all exhibits which the parties intend to present at the trial, reach an agreement as to their genuineness and admissibility, and, in case of disagreement, to specify the reasons therefor.
(5) To examine and prepare a list of the depositions to be presented in evidence at the trial pursuant to law. If any party objects to the admissibility of any portion of the deposition, he shall identify it and explain the reasons for objection.
(6) To simplify the issues for trial.
(7) To discuss a possible settlement of the case.
(8) To consider any other of the measures contemplated in Rule 37.1.
At least five (5) days prior to the date set for the conference, the attorneys for both parties shall submit to the office of the clerk of the trial court in which the action is pending a draft of the pretrial conference order with as many copies thereof as are necessary in order to serve notice on all parties.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-37/rule-37-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 37 - Pretrial conference›Rule 37.3 - Penalties
|
2023 Laws of Puerto Rico › TITLE 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 37 - Pretrial conference › Rule 37.3 - Penalties
|
If a party fails to appear, refuses participation, or appears without being duly prepared at a pretrial conference or at a conference of attorneys, or fails to comply with any order of the court, the court may dismiss the complaint, strike the pleadings of the defendant, order the payment of costs and attorney’s fees, or make such other order as is just.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-38/rule-38-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 38 - Consolidation; separate trials›Rule 38.1 - Consolidation
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 38 - Consolidation; separate trials › Rule 38.1 - Consolidation
|
When actions involving a common question of law or of fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and to this effect it may make such orders as may tend to avoid unnecessary costs or delay.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-38/rule-38-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 38 - Consolidation; separate trials›Rule 38.2 - Separate trials
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 38 - Consolidation; separate trials › Rule 38.2 - Separate trials
|
The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim or third-party claim, or of any separate issue, and may render judgment pursuant to the provisions of Rule 44.3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-39/rule-39-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4)›Rule 39.1 - Voluntary dismissal
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4) › Rule 39.1 - Voluntary dismissal
|
(a) By plaintiff; by stipulation. — Subject to the provisions of Rule 20.5, an action may be dismissed by the plaintiff without order of the court:
(1) By filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or
(2) by filing a stipulation of dismissal signed by all parties who have appeared in the action.
Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in the General Court of Justice or in any court of the United States or of any state an action based on or including the same claim.
(b) By order of court. — Except as provided by Rule 39.1(a), an action shall not be dismissed at the plaintiff’s instance except upon order of the court and upon such terms and conditions as the court deems proper. Unless otherwise specified in the order, a dismissal under this subsection is without prejudice.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-39/rule-39-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4)›Rule § 39.2 - Involuntary dismissal
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4) › Rule § 39.2 - Involuntary dismissal
|
(a) Where the plaintiff fails to comply with these rules or with any order of the court, the court, on its own motion or on motion of a defendant, may dismiss an action or any claim against him or order that the allegations be eliminated, as the case may be.
In the case of a first failure to comply, the severe sanction of dismissal of the claim or elimination of the allegations shall only be in order after the court has first notified the counsel of the party in question and the opportunity to respond has been given thereto. If the counsel of the party does not respond to the notice, the court shall proceed to impose sanctions on the counsel of the party and the party shall be notified of the situation directly. After the party has been duly notified or advised of the situation and its consequences, if the same is not corrected, the court may order the dismissal of the complaint or the elimination of the allegations. The court shall grant a reasonable term to the party to correct the situation, which in no case shall be less than thirty (30) days, unless the circumstances of the case justify that the term be reduced.
(b) Whenever a civil action shall have been pending in any court for six (6) months without any required proceeding having been taken therein, the administrative judge shall order dismissal thereof unless failure to prosecute is reasonably accounted for. For the purposes of this rule, motions to stay, for transfer of hearing, or for extensions of time shall not be considered a proceeding taken.
In every case the administrative judge shall issue an order requiring the parties to state in writing, within the term of ten (10) days after service of notice by the clerk, the reasons why the action should not be dismissed.
(c) After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that under the proved facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. Unless the court in its order for dismissal otherwise specifies, a dismissal under this Rule 39.2, and any dismissal other than a dismissal for lack of jurisdiction or for failure to join an indispensable party, operates as an adjudication upon the merits.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1; Sept. 29, 2004, No. 493, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-39/rule-39-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4)›Rule § 39.3 - Voluntary dismissal and dismissal of counterclaim, cross-claim or third-party claim
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4) › Rule § 39.3 - Voluntary dismissal and dismissal of counterclaim, cross-claim or third-party claim
|
The provisions of this rule apply to the voluntary dismissal and to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to Rule 39.1(a) shall be made before a responsive pleading is served, or, if there is none, before the introduction of evidence at the trial.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-39/rule-39-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4)›Rule § 39.4 - Costs or attorney’s fees of previously dismissed actions
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4) › Rule § 39.4 - Costs or attorney’s fees of previously dismissed actions
|
If a plaintiff who has once dismissed an action commences another based upon or including the same claim against the same defendant, the court may make such order for the payment of costs or attorney’s fees of the action previously dismissed as it may deem proper and may stay the proceedings in the new action until the plaintiff has complied with the order.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.1 - For appearance of witnesses; form and issue
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.1 - For appearance of witnesses; form and issue
|
Every subpoena shall be issued by the clerk under his hand and with seal of the court, specifying the part of the court, the title and the number of the action, and shall compel each person to whom it is addressed to appear and give testimony on the date, time and place specified therein.
In the case of a subpoena for the production of documentary evidence, the clerk shall issue a subpoena like the one described above, but with a blank space. The party requesting it shall fill it in before service specifying the documentary evidence requested.
History —Amended on Dec. 25, 1995, No. 249, § 10, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.2 - For production of documentary evidence
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.2 - For production of documentary evidence
|
A subpoena may also command the person to whom it is directed to produce the books, papers, documents or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may:
(1) Quash or modify the subpoena if it is unreasonable and oppressive or
(2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.3 - Service
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.3 - Service
|
A subpoena may be served by the marshal, or by any other person not less than eighteen (18) years of age, who can read and write, and who is not a party or attorney for a party, and who has no interest in the action. Service of a subpoena upon a person named therein shall be made by delivering it to such person or pursuant to the provisions of Rule 4.4 regarding personal service of summons and by tendering to him the fees for attendance and mileage pursuant to the regulations promulgated by the Administrative Director of the Courts. When the subpoena is issued on behalf of the Commonwealth of Puerto Rico or an officer or agency thereof, the fees for attendance and mileage need not be tendered.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.4 - Subpoena for taking depositions; place of examination
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.4 - Subpoena for taking depositions; place of examination
|
(a) Proof of service of a notice to take a deposition as provided in Rules 27.2 and 28.1 constitutes a sufficient authorization for the issuance by the clerk of the part of the court of the place in which the deposition is to be taken, of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 23.1, in which event the subpoena will be subject to the provisions of Rule 23.2 and Rule 40.2.
The person to whom the subpoena is directed may, within ten (10) days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten (10) days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is raised, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may move, upon notice to the deponent, for an order at any time before or during the taking of the deposition.
(b) A resident whose deposition is to be taken may be required to attend an examination only in the place wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A nonresident may be required to attend only in the place wherein he is served with a subpoena, or at such other convenient place as is fixed by an order of the court.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.5 - Place of service
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.5 - Place of service
|
At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within Puerto Rico. If the witness who is to be served with a subpoena is a resident of or is domiciled in the Commonwealth of Puerto Rico, but is in a foreign country at the moment of service, subpoena shall be served pursuant to Rule 4.5, but the pertinent documents shall be sent to him pursuant to Rules 40.1 and 40.2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.6 - Subpoena unnecessary
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.6 - Subpoena unnecessary
|
A person present in court or before a judicial officer may be required to testify in the same manner as if he were in attendance upon a subpoena.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-7/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.7 - Concealment of witness
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.7 - Concealment of witness
|
If a witness goes into hiding so as to evade service of a subpoena upon him, the court may, upon proof by affidavit of the concealment of the witness and of the relevancy of his testimony, make an order directing that subpoena be served by the marshal, who must serve it accordingly, and, for that purpose, may search any building or property where the witness may be hiding.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-8/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.8 - Subpoena of persons confined in prison
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.8 - Subpoena of persons confined in prison
|
The court, upon verified petition as to the relevancy of the desired testimony, may order the issuance of a subpoena requiring attendance of a person confined in prison for the purpose of testifying at a trial, hearing or deposition.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-40/rule-40-9/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 40 - Subpoena›Rule 40.9 - Contempt
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.9 - Contempt
|
Failure to obey, without just cause, a duly served subpoena may be regarded as a contempt of court.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-41/rule-41-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 41 - Masters›Rule 41.1 - Appointment and compensation
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.1 - Appointment and compensation
|
The court in which any action or proceeding is pending may appoint a special master therein. As used in these rules, the word “master” includes a referee, an auditor and an examiner. The compensation to be allowed to a master shall be fixed by the court, and shall be charged upon such of the parties as the court may order, or paid out of any fund or property involved in the action, which is in the custody and control of the court, as the court may direct. The master shall not retain his report as security for his compensation, but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against such a party. Also, if a party without just cause refuses to comply with the order to pay the master’s compensation, the court may impose penalties in accordance with Rule 34.2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-41/rule-41-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 41 - Masters›Rule 41.2 - Reference
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.2 - Reference
|
The Supreme Court may refer a matter to a master in any case or proceeding.
A reference to a master in the Court of First Instance shall be the exception and not the rule. No case shall be referred to a master, save in actions involving matters of accounts and of difficult computation of damages or cases involving highly technical matters or matters requiring expertise.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-41/rule-41-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 41 - Masters›Rule 41.3 - Powers
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.3 - Powers
|
The order of reference to the master may specify or limit his powers and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only and may fix a reasonable time for the filing of the master’s report. Subject to the specifications and limitations stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before him and to do all acts and take measures necessary or proper for the efficient performance of his duties under the order. He may require the production before him of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents and writings applicable thereto. He may rule upon the admissibility of evidence unless otherwise directed by the order of reference, and shall have the authority to put witnesses on oath and may himself examine them and may call the parties to the action and examine them upon oath. When a party so requests, the master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Rules of Evidence.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-41/rule-41-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 41 - Masters›Rule 41.4 - Proceedings
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.4 - Proceedings
|
(a) Meetings. — When a reference is made, the clerk shall forthwith furnish the master with a copy of the order of reference. Upon receipt thereof, unless the order of reference otherwise provides, the master shall forthwith notify the parties or their attorneys of the time and place of the first meeting to be held within twenty (20) days after the date of the order of the court. It shall be the duty of the master to proceed with all reasonable diligence. Any party, on notice to the other parties and master, may apply to the court for an order requiring the master to expedite the proceedings and to submit his report. If a party fails to appear at the time and place appointed, the master may proceed ex parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
(b) Witnesses. — The parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas as provided in Rule 40. If a witness fails to appear or give evidence, without adequate excuse, he may be punished for contempt and be subjected to the consequences, penalties and remedies provided in Rules 34 and 40.
(c) Statement of accounts. — When matters of accounts are in issue before the master, he may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a public accountant or a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master may require a different form of statement to be furnished, or the account or specific items thereof to be proved by oral examination or upon written interrogatories or in such other manner as he directs.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-41/rule-41-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 41 - Masters›Rule 41.5 - Report
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.5 - Report
|
(a) Contents and filing. — The master shall prepare a report upon all matters submitted to him by the order of the court and, if required to make findings of fact and conclusions of law, he shall set them forth in the report, which he shall file with the clerk of the court on the date specified in the order of reference pursuant to Rule 41.3; and, unless otherwise directed, he shall file with it a statement of the proceedings, a summary of the evidence and the original exhibits. The clerk shall forthwith serve notice of the filing upon all parties.
(b) Approval. — In all cases the court shall accept the findings of fact of the master, unless clearly erroneous. Within ten (10) days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties. Application to the court for action upon the report and upon the objections thereto shall be made by motion and upon notice, as prescribed in Rule 67. After hearing the parties the court may adopt, modify or reject the report in whole or in part, or receive further evidence, or return it with instructions.
(c) Stipulations as to findings of fact. — The effect of a master’s report is the same whether or not the parties have consented to the reference; but, when the parties stipulate that a master’s findings of fact shall be final, only questions of law arising from the report shall thereafter be considered.
(d) Draft report. — Before filing his report, a master may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-41/rule-41-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 41 - Masters›Rule 41.6 - Panel for medical or hospital malpractice cases
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.6 - Panel for medical or hospital malpractice cases
|
In any civil action arising from a claim for damages for negligence or carelessness due to medical or hospital malpractice involving a surgeon, health professional and/or health care organization related to a highly technical or specialized subject, the judge of the Court of First Instance shall appoint a panel composed of a judge appointed by the Administrative Judge, who shall not be the one to finally adjudicate the controversy, or at his discretion, may appoint one (1) attorney that would substitute him and preside [over] the panel, and two (2) duly licensed physicians, one recommended by the plaintiff and the other by the defendant. The panel shall render a report to the court with its findings on the technical aspects of the claim presented, strictly limited to examining the medical and hospital issues presented to determine if, from their expert point of view, there exists prima facie malpractice.
The judge shall appoint the panel after having received a special report from the plaintiff within sixty (60) days after the date the complaint was filed, and from the defendant, within sixty (60) days after the date the complaint was served. The judge shall issue pertinent orders so that the parties may have access to all the necessary documentation in order to present said reports and may modify the terms provided herein in order to effectively deliver said documents. The judge shall have the discretion to retain and act upon the cases that in his judgment should not be handled by the panel for considering that the controversy is not highly specialized or understanding that designating a panel would not contribute to an expedite[d] proceeding of the case. In addition, the panel shall be discharged in any case in which one of the parties certifies to the judge that, it is financially unable to assume the costs of the panel, unless one of the parties in the case accepts to assume the costs of the case.
Once the parties have received the report, any one of them may question the same and the judge shall have discretion to reject or accept its conclusions.
History —Dec. 19, 2002, No. 283, § 1, eff. 60 days after Dec. 19, 2002.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-42/rule-42-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 42 - Ex parte and ad perpetuam rei memoriam proceedings›Rule 42.1 - In general
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 42 - Ex parte and ad perpetuam rei memoriam proceedings › Rule 42.1 - In general
|
The court, provided that it has jurisdiction over the matter, is empowered to entertain ex parte proceedings, which are those proceedings in which the intervention of the judge is requested or is necessary and there is no actual litigation, or no issue is raised between known and specific parties.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-42/rule-42-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 42 - Ex parte and ad perpetuam rei memoriam proceedings›Rule 42.2 - Ad perpetuam rei memoriam proceedings
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 42 - Ex parte and ad perpetuam rei memoriam proceedings › Rule 42.2 - Ad perpetuam rei memoriam proceedings
|
An ex parte proceeding may be brought before a court for the purpose of establishing and perpetuating a fact, provided said fact is not at that time an issue in any legal action and is not injurious to a certain and determinate person.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 43 - Judgment›Rule 43.1 - Judgment; what it includes
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.1 - Judgment; what it includes
|
As used in these rules, the term “judgment” includes any determination of the Court of First Instance that finally resolves the matter under litigation which may be appealed.
The term “judgment” when issued by a court of appeals, refers to the official decision of that court concerning the appeal brought before it or concerning the discretionary remedy through which the court of appeals has issued the requested ruling. The final determination of the Court of Appeals when the latter, at its discretion, denies the requested ruling, is denominated as a “decision”. The final determination of the court of appeals when the latter dismisses for any reason, or files an abandonment of appeal shall be known as “judgment”.
History —Amended on Dec. 25, 1995, No. 249, § 11; Aug. 12, 1997, No. 74, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 43 - Judgment›Rule 43.2 - Recital of facts found and conclusions of law
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.2 - Recital of facts found and conclusions of law
|
In all actions the court shall specify the facts found and state separately its conclusions of law thereon and direct the entry of the appropriate judgment; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its decision. Findings of fact based on oral evidence shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to pass upon the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the court’s findings of fact.
Findings of fact and conclusions of law need not be specified:
(a) On decisions on motions under Rule 10 or 36, or any other motion except as provided by Rule 39.2;
(b) in default cases;
(c) by stipulation of the parties;
(d) when the court so decides in view of the nature of the cause of action or of the remedy granted by the judgment.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 43 - Judgment›Rule 43.3 - Amendments or initial or additional determinations
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.3 - Amendments or initial or additional determinations
|
It shall not be necessary to request that findings of facts be consigned for the purposes of an appeal, but upon the motion of a part[y], filed not later than ten (10) days after a copy of the notice of the judgment is filed in the record of the case, the court make take the corresponding initial findings of facts or conclusions of law, if they were not made because they were not necessary, pursuant to Rule 43.2, or may amend or make additional determinations, and may amend the judgment accordingly. The motion may be joined with a motion to reconsider or for a new trial, pursuant to Rules 47 and 48, respectively. In any case, the sufficiency of the evidence to support the findings may be raised subsequently, even though the party raising the issue has not objected to them in the lower court, or has not filed a motion to amend them, or has not filed for a judgment.
The motion for additional findings of facts shall be notified to the other parties in the case within the same ten (10) days established by this rule to file it in court. The term to notify shall be of strict compliance.
History —Amended on Dec. 25, 1995, No. 249, § 12; Nov. 16, 2002, No. 267, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 43 - Judgment›Rule 43.4 - Interruption of term to request post-trial remedies
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.4 - Interruption of term to request post-trial remedies
|
When any of the parties moves the court to amend its findings or to make initial or additional findings, the terms provided by Rules 47, 48 and 53 shall be interrupted for all the parties. Said terms shall start running again as soon as copy of the notice of the findings and conclusions requested are entered in the record.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 43 - Judgment›Rule 43.5 - Judgments on claims or multiple parties
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.5 - Judgments on claims or multiple parties
|
When a suit comprises more than one claim, whether by suit, reconvention, suit against a co-party or suit against third parties or in which multiple parties appear, the court may issue a final judgment with regard to one or more claims, or parties without disposing of the total suit, provided that it expressly concludes that there is no reason to postpone the pronouncing of judgment on such claims or parties, until the final decision of the suit and provided that it is expressly directed for total judgment of record to be entered.
When said conclusion and express order is reached, the partial judgment issued shall be final for all purposes with regard to the controversy adjudicated thereby, and once it is registered and a copy of its notice is filed in the case it shall be effective with regard to the terms provided in Rules 47, 48 and 53.
Lacking said conclusion and express order, any order or any other type of decision, regardless of how it is denominated, which adjudicates less than the total number of claims, or the rights and obligations of less than the total of the parties, the suit shall not terminate with regard to any of the claims or parties, and the order or other type of decision shall be subject to reconsideration by the issuing court at any time prior to entering the judgment of record, adjudicating all the claims, and the rights and obligations of the parties.
History —Amended on Dec. 10, 1999, No. 338, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 43 - Judgment›Rule 43.6 - Granting of relief
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.6 - Granting of relief
|
Every judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleading; however, a judgment by default shall not be different in kind nor exceed the amount prayed for in the demand for judgment.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-44/rule-44-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 44 - Costs; attorney’s fees; legal interest›Rule 44.1 - Costs and attorney’s fees
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 44 - Costs; attorney’s fees; legal interest › Rule 44.1 - Costs and attorney’s fees
|
(a) To whom awarded. — Costs shall be allowed to the prevailing party, except when otherwise directed by law or by these rules. The costs which may be allowed by the court are those expenses necessarily incurred in prosecuting an action or proceeding which, according to law or to the discretion of the court, one of the parties should reimburse to the other.
(b) Within the term of ten (10) days after a copy of the service of the judgment is filed in the record of the case, the party claiming costs shall file with the court and serve upon the adversary party, a list or memorandum of all necessary expense and disbursement items incurred during the action or proceeding. The memorandum of costs shall be filed under oath, and shall state that to the claimant’s or his attorney’s best knowledge and belief the expense items included are correct, and that all the disbursements were needed for the handling of the action or proceeding. If there is no objection, the court shall approve the memorandum of costs, and may eliminate any item deemed inappropriate, after granting the applicant the opportunity to justify the same. Any party who disagrees with the costs thus claimed may object to the same, in whole or in part, within a term of ten (10) days from the day the memorandum of costs is served. The court, after considering both parties’ position, shall resolve the objection. The decision of the Court of First Instance may be reviewed by the Circuit Court of Appeals through a certiorari to be issued at its discretion, and not otherwise. The review of the decision shall be handled jointly with any other recourse that has been filed against the judgment, and if no recourse has been filed the decision on the costs may be appealed.
(c) On Appeal. — The party in whose behalf judgment is rendered on appeal, shall file a statement or memorandum of all the expense items and the necessary disbursements incurred for the processing of the appeal with the Court of First Instance that decided the case initially, and shall serve it upon the opposing party, within the jurisdictional term of ten (10) days after the remand, and pursuant to the criteria established in subsection (b) above, The memorandum of costs shall be filed under oath, and the objections shall be delineated and decided pursuant to Rule 44.1(b). The resolution issued by the Court of First Instance may be reviewed as provided in subsection (b). The resolution issued by the Circuit Court of Appeals may be reviewed through a certiorari before the Supreme Court.
(d) Attorney’s Fees. — In the event any party or its lawyer has acted obstinately or frivolously, the court shall, in its judgment, impose on such person the payment of a sum for attorney’s fees which the court decides corresponds to such conduct.
History —Amended on Dec. 30, 1986, No. 2, p. 859; Dec. 25, 1995, No. 249, § 13, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-44/rule-44-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 44 - Costs; attorney’s fees; legal interest›Rule 44.2 - Interlocutory costs and penalties upon the parties
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 44 - Costs; attorney’s fees; legal interest › Rule 44.2 - Interlocutory costs and penalties upon the parties
|
The court may impose interlocutory costs on the parties and monetary sanctions in every case and in any stage on one of the parties or its legal representatives for delay, inaction, abandonment, obstruction, or lack of diligence in prejudice of the sound administration of justice. The payment of such fees shall be made electronically or by any other means or instrument adopted by the Chief Justice of the Supreme Court in coordination with the Secretary of the Treasury. The amounts collected on account of monetary sanctions imposed on the parties or their attorneys shall be deposited in the Special Fund of the Judicial Branch created under § 1482e of this title, to be used in the manner and for the purposes established therein.
History —July 30, 2009, No. 47, § 13, eff. July 1, 2010.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-44/rule-44-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 44 - Costs; attorney’s fees; legal interest›Rule 44.3 - Legal interest
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 44 - Costs; attorney’s fees; legal interest › Rule 44.3 - Legal interest
|
(a) Interest, at the rate fixed by regulation by the Finance Board of the Office of the Commissioner of Financial Institutions in effect when judgment is pronounced, shall be included in every judgment ordering the payment of money, to be computed on the amount of the judgment from the date it was pronounced and until paid up, including costs and attorney’s fees. The interest rate shall be stated in the judgment.
The Board shall periodically fix and review the interest rate on judgments, taking into consideration the market’s fluctuations, with the objective of discouraging the filing of frivolous claims, avoiding unreasonable delay in compliance with the existing obligations and stimulating the payment of judgments as soon as possible.
(b) Except when the defendant is the Commonwealth of Puerto Rico, its municipalities, agencies, instrumentalities or officers acting in their official capacity, the court will also impose on the party that has acted rashly the payment of interest at the rate fixed by the Board by virtue of the previous subsection which is in effect at the moment the judgment is pronounced, from the time the cause of action arises in every case of collection of money and from the time the claim is filed in actions for damages until the date judgment is pronounced, to be computed on the amount of the judgment. The interest rate shall be stated in the judgment.
History —Amended on July 6, 1985, No. 82, p. 265, § 1; July 11, 1988, No. 78, p. 333, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-45/rule-45-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 45 - Default›Rule 45.1 - Entry
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.1 - Entry
|
When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.
The court of its own initiative or upon motion of party may enter default against any of the parties pursuant to Rule 34.2(b)(3).
Said entry shall have the effect of admitting the averments set forth in the affirmative defenses, subject to the provisions of Rule 45.2(b).
Failure to enter default shall not affect the validity of a judgment by default.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-45/rule-45-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 45 - Default›Rule 45.2 - Judgment
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.2 - Judgment
|
Judgment by default may be entered as follows:
(a) By the clerk. — When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if he has been defaulted, and if he is not an infant or incompetent person.
(b) By the court. — In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by the father, mother, guardian, guardian ad litem or other such representative who has appeared therein. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court shall hold such hearings or order such references as it deems necessary and proper. When the party against whom judgment by default is sought has appeared in the action, it shall be served with written notice of any hearing by default to be held.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-45/rule-45-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 45 - Default›Rule 45.3 - Power to set aside default
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.3 - Power to set aside default
|
For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 49.2.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-45/rule-45-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 45 - Default›Rule 45.4 - Who may apply for entry
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.4 - Who may apply for entry
|
The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 43.6.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-45/rule-45-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 45 - Default›Rule 45.5 - Judgment against the Commonwealth 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 VII - JUDGMENTS › Rule 45 - Default › Rule 45.5 - Judgment against the Commonwealth of Puerto Rico
|
No judgment by default shall be entered against the Commonwealth of Puerto Rico, its municipalities, agencies or corporations, or against an officer acting in his official capacity, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-46/rule-46/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 46 - Notice and Registration of Judgments›Rule 46 - Notice and Registration of Judgments
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 46 - Notice and Registration of Judgments › Rule 46 - Notice and Registration of Judgments
|
It shall be the duty of the Clerk to notify the decisions issued by the Court as soon as possible within the norms fixed by the Supreme Court, by filing in the record a copy of the decision and the evidence of the notice and the registration of the decision. The filing of the decision in the Registry of Suits and Procedures constitutes the registration of the decision. The decision shall not be effective until a copy of the notification has been filed in the record and the term for the appeal shall start to run from the date of said filing. If the date of filing the copy of the notification of the decision, resolution or order in the record is different to that of the mailing of said notification, the term shall be calculated as of the date the notice is mailed.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-47/rule-47/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 47 - Reconsideration›Rule 47 - Reconsideration
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 47 - Reconsideration › Rule 47 - Reconsideration
|
The party adversely affected by a decision, order or judgment of the Court of First Instance may, within the jurisdictional term of fifteen (15) days as of the date of notice of the decision or order or, as of the date of filing in the record of the case a copy of the judgment, file a motion for reconsideration of the decision, order or judgment. Likewise, if the date of filing in the record of the case a copy of the notice of the judgment, decision or order, is different from the date said notice was deposited in the post office, the term shall be calculated from the date of deposit in the post office.
The court, within ten (10) days after such a motion has been filed, shall take it under advisement. If flatly denied, the term to appeal or file a petition for certiorari shall be deemed as never having been interrupted. If a determination is made upon its consideration, the term to appeal or to file a petition for certiorari with jurisdictional term before the Court of Appeals shall begin from the date in which a copy of the notice of the decision of the court definitively passing upon the motion is filed in the records of the case. If the date a copy of the notice of the judgment, decision or order is filed in the records of the case is different from the date in which said notice was deposited in the post office, the term shall be calculated from the date of deposit in the post office.
On the other hand, if a determination is made in consideration of a motion for reconsideration the period to file a petition for certiorari with a term of strict compliance before the Court of Appeals shall begin from the date on which the decision of the court definitively passing upon the motion is notified. Should the court fail to take action on the motion for reconsideration within ten (10) days after it has been filed, it shall be deemed to have been flatly denied.
The motion for reconsideration shall not notified to all other parties to the litigation within the fifteen (15) days established by this rule for presenting the same before the court simultaneously. The term for notifying shall be of strict compliance.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-48/rule-48-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 48 - New trial›Rule 48.1 - Grounds
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 48 - New trial › Rule 48.1 - Grounds
|
A new trial may be granted on any of the following grounds:
(a) When material evidence is discovered which, despite reasonable diligence, could not be discovered or produced at the trial.
(b) When it is impossible to prepare a narrative statement of the evidence or when a transcript of the stenographic notes of the proceedings cannot be obtained because of the death or disability of the stenographer, or because of the absence or loss of the corresponding tape.
(c) When substantial justice requires it, the court may grant a new trial to all or any of the parties and on all or part of the issues.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-48/rule-48-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 48 - New trial›Rule 48.2 - Time for motion
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 48 - New trial › Rule 48.2 - Time for motion
|
A motion for new trial shall be filed within ten (10) days after a copy of the notice of the judgment is filed in the record, except that:
(a) If such motion is based on newly discovered evidence, it may be filed before the term to appeal or to seek review has expired, upon notice to the other party, the holding of a hearing, and a showing that due diligence has been exercised; and
(b) when it is based on Rule 48.1(b) it may be filed within thirty (30) days after the death or disability of the stenographer, after the unavailability or loss of the tape is diligently established, or where it is impossible to prepare a narrative statement of the evidence. The last two facts should be established within thirty (30) days after notice of the judgment.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-48/rule-48-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 48 - New trial›Rule 48.3 - Time for serving affidavits
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 48 - New trial › Rule 48.3 - Time for serving affidavits
|
When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party shall have ten (10) days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding ten (10) days after good cause is shown. The court may permit reply affidavits.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-48/rule-48-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 48 - New trial›Rule 48.4 - On initiative of court
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 48 - New trial › Rule 48.4 - On initiative of court
|
Within ten (10) days after entry of judgment the court, of its own initiative, may order a new trial for any reason for which it might have granted a new trial on motion of a party, and it shall specify in the order the grounds therefor.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-49/rule-49-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 49 - Relief from judgment or order›Rule 49.1 - Errors of form
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 49 - Relief from judgment or order › Rule 49.1 - Errors of form
|
Errors of form in proceedings, orders or other parts of the record, and those appearing therein because of oversight or omission, may be corrected by the court at any time, on its own initiative, or upon the motion of a party, upon prior notice, should it be ordered. Said errors can be corrected during the handling of an appeal or a writ of certiorari, before the appeal is docketed to the court of appeals, and subsequently, they shall only be corrected by permission of the court of appeals.
History —Amended on Dec. 25, 1995, No. 249, § 16, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-49/rule-49-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 49 - Relief from judgment or order›Rule 49.2 - Mistakes; inadvertence; surprise; excusable neglect; newly discovered evidence, fraud, e...
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 49 - Relief from judgment or order › Rule 49.2 - Mistakes; inadvertence; surprise; excusable neglect; newly discovered evidence, fraud, etc
|
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a judgment, order or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise or excusable neglect;
(2) Discovery of material evidence which, despite due diligence, could not be discovered in time to move for a new trial under Rule 48;
(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party;
(4) The judgment is void;
(5) The judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(6) Any other reason justifying relief from the operation of the judgment.
While an appeal or certiorari is pending final resolution in a procedure of voluntary jurisdiction, the respondent court shall not grant any remedy under this Rule 49.2, unless permitted by the appellate court. Once the appellate court pronounces judgment, no redress may be granted under this Rule 49.2 which is inconsistent with the mandate unless previously permitted by the appellate court. In both cases, the motion for redress shall always be made before the respondent court within the above stated term, and if the respondent court determines that it is willing to grant redress a request for said permit shall then be made to the appellate court.
History —Amended on Dec. 25, 1995, No. 249, § 17, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-50/rule-50/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 50 - Harmless Errors›Rule 50 - Harmless Errors
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 50 - Harmless Errors › Rule 50 - Harmless Errors
|
No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order, or in anything done or omitted by the court or by any of the parties, is ground for granting a new trial or for setting aside, modifying or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.1 - Time for executing
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.1 - Time for executing
|
The party in whose favor judgment is entered may execute the same by the proceeding fixed in Rule 51 at any time within five (5) years after it becomes final. Upon expiration of that period, the judgment may be executed by leave of court, on motion of a party and notice to all parties. If after entry of the judgment the execution thereof is stayed by order or judgment of the court or by operation of law, the time the execution has been suspended shall be deducted in computing the five (5) years during which the writ of execution may be issued.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.2 - Proceedings in cases of judgments for payment of money
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.2 - Proceedings in cases of judgments for payment of money
|
Process to enforce a judgment or order for the payment of money and to collect the costs awarded by the court shall be a writ of execution. The writ shall specify the terms of the judgment and the amount actually due. Every writ of execution shall be directed to the marshal. In execution cases, including those where a judicial sale is ordered, the marshal shall deliver to the clerk the writ duly served and any surplus in his possession within fifteen (15) days after the date of such execution. A writ of execution may issue upon one or more judgments or orders in the same action.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.3 - Proceedings in cases of judgments for specific acts; foreclosure of mortgages and other...
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.3 - Proceedings in cases of judgments for specific acts; foreclosure of mortgages and other liens
|
(a) If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the defaulting party by some other person appointed by the court and the act when so done shall have the same effect as if done by the party. Whenever necessary, on application of the party entitled to performance, and upon order of the court, the clerk shall issue a writ of attachment against the property of the defaulting party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. Likewise, the court, in lieu of directing a conveyance of the land, may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon application to the clerk. Whenever the court orders a judicial sale of personal or real property, said order shall have the force and effect of a writ directing the physical delivery of the possession, and it shall be so stated in the judgment or order so that the marshal or any other acting officer may proceed to put the purchaser in possession of the property sold within the period of twenty (20) days after the sale or public auction, without prejudice to the rights of third persons who have not participated in the proceeding.
(b) Judgments entered in actions for the foreclosure of mortgages and other liens shall order that plaintiff recover his debt, interests and costs through the sale of the encumbered property. To that end, an order shall be served upon the marshal directing him to sell the property in satisfaction of the judgment in the manner provided by law for the sale of property subject to execution; if the mortgaged property cannot be found, or if the proceeds of such sale are insufficient to satisfy the judgment, the marshal shall collect the rest of the amount, or the remaining unpaid balance, out of any other property of the defendant as in case of ordinary executions.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.4 - Supplementary proceedings
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.4 - Supplementary proceedings
|
In aid of the judgment or of its execution, the judgment creditor or his successor in interest may examine any person including the judgment debtor, as is provided in these rules for the taking of depositions. If the deposition is taken by written questions, the subpoena for the taking thereof may provide that the judgment debtor or deponent need not appear personally thereunder, provided that before the time fixed for the taking of the deposition he delivers to the judgment creditor or to his attorney answers under oath to the written questions served upon him. The court may make any order which it considers just and necessary for the execution of a judgment.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.5 - Manner of execution
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.5 - Manner of execution
|
If the writ of execution is against the property of the judgment debtor, it shall require the marshal to satisfy the judgment, with interest, out of the personal property of such debtor. When there is property of the judgment debtor whose value is greater than the amount of the judgment including costs, the marshal shall attach only such part of the property as the judgment debtor may indicate, provided it is amply sufficient to satisfy the judgment and costs accrued.
A writ of execution obtained under a summary proceeding, as provided by Rule 60, may not be executed on Saturdays, Sundays, holidays or after working hours, except when the urgency is proved.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.6 - Process in behalf of and against persons not parties
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.6 - Process in behalf of and against persons not parties
|
When an order is made in favor of a person who is not a party to the action, he may enforce obedience to the order by the same process as if he were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, he is liable to the same process for enforcing obedience to the order as if he were a party.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-7/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.7 - Proceedings on judgment against joint debtors
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.7 - Proceedings on judgment against joint debtors
|
When a judgment is recovered against one or more of several debtors, jointly liable for an obligation, those debtors who are not parties to the action may be summoned to show cause why they should not be bound by the judgment in the same manner as if they had been originally sued. The summons, according to this rule, must describe the judgment, and require the person summoned to appear on a specific day and hour to show cause why he should not be bound by the judgment. It shall not be necessary to file a new complaint. The summons must be accompanied by an affidavit of the plaintiff, his agent, representative or attorney, stating that the judgment or some part thereof remains unsatisfied, and specifying the amount due thereon.
After service of the summons, the judgment debtor shall appear at the date specified thereon and at said hearing he may assert any defense of fact and of law that may release him from liability. Matters thus raised may be argued as in other cases.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-8/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.8 - Judicial sales
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.8 - Judicial sales
|
(a) Notice of sale. — Before the sale of the property on execution is held, notification thereof shall be published during two (2) weeks by posting visible written notification in three (3) public places of the municipality where the sale is to be held, such as the City Hall, the court and the collector’s office. Said notification shall be posted also at the collector’s office at the place where the defendant has his residence, if it is known. Such notification shall be published twice in a newspaper of general circulation in Puerto Rico and during two (2) consecutive weeks with an interval of seven days between both publications. It is understood that at least fourteen (14) days must elapse between the first publication in the newspaper or in the public places for the sale to be held. Additionally, in those cases where the defendant against whom the judgment is enforced has appeared in the lawsuit, the movant of the enforcement must notify such defendant by certified mail return receipt requested. In cases in which the defendant has not appeared, the notification shall be by certified mail return receipt requested to the last known address.
In all cases where it is alleged that the movant in a procedure for enforcement for judgment has not complied with some of the requirements in this rule, the court, at the party’s request, shall hold a hearing to resolve the issue raised.
The notification of sale shall adequately describe the property on sale, and shall also succinctly mention the judgment to be satisfied through said sale, indicating the place, day and time when the sale is to be held. If the property is perishable the court may, on motion of the party, reduce the term for posting the notification of sale to less than two (2) weeks. All judicial sales which do not comply with the notification of sale requirement shall be null, without prejudice to the liability of the party who made the sale without complying with said notification.
(b) Conduct of sale. — All sales of property under execution must be made at auction to the highest bidder, between nine o’clock in the morning and five o’clock in the afternoon. After sufficient property has been sold to satisfy the execution no more property shall be sold. Neither the officer holding the execution nor his deputy, nor any officer or employee of any part of the court, may buy or participate directly or indirectly in the purchase of said property. When the sale is of personal property, capable of manual delivery, it must be within view of those attending the sale and must be sold in such parcels as are likely to bring the highest price; and when the sale is of real property, consisting of several known lots or parcels, they must be sold separately; or, when a portion of such property is claimed by a third person, and he requires it to be sold separately, such portion must be thus sold. If the judgment debtor is present at the sale, he may direct the order for the sale of the personal or real property when such property consists of several known lots or parcels or articles which can be sold separately to advantage, and the marshal must follow such directions.
(c) Refusal of purchaser to pay. — If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may resell the property at any time to the highest bidder, and if any loss is occasioned thereby, the affected party may claim such loss from the bidder refusing to pay before any court of competent jurisdiction. Likewise, the officer may, in his discretion, reject thereafter any subsequent bid of such person. The officer shall be only liable for the amount bid by the second or subsequent purchaser and the amount collected from the purchaser who has refused to pay.
(d) Delivery of property and certificate of sale. — After the sale, the officer in charge of conducting it shall draft a certificate accounting for the sales proceeding and the subsequent award to the highest bidder who shall pay the purchase price in cash or through a certified check to said officer. In extraordinary cases, the court may order any other kind of payment. In case of personal property, the officer shall deliver the property to the purchaser and, at his request, shall deliver to him a copy of the certificate of sale. Such certificate shall be deemed as the official evidence of the purchaser’s title to the property subrotating him in all the rights of the debtor in such property. When real property is sold, the officer in charge of the sale shall execute a public deed in favor of the purchaser before the notary public chosen by said purchaser and the latter shall pay for such deed.
History —Rules of Civil Procedure, 1979; Aug. 12, 2000, No. 172, § 1; Jan. 1, 2003, No. 22, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-9/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.9 - Rights of purchaser upon failure of title; revival of judgment
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.9 - Rights of purchaser upon failure of title; revival of judgment
|
If the purchaser of real property sold on execution, or his successor in interest, fails to recover possession as a result of irregularities in the proceedings concerning the sale that could make such sale null, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof must, after due notice and on motion of such interested party, or his attorney, revive the original judgment in the name of the petitioner for the amount paid by the purchaser at the judicial sale, with interest thereon from the time of payment at the same rate appearing in the original judgment; and the judgment so revived shall have the same force and effect as the original judgment from, and not before, the date of revival.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-10/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.10 - Proceedings to compel contribution among judgment debtors
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.10 - Proceedings to compel contribution among judgment debtors
|
When upon an execution against several persons jointly liable, more than a due proportion of the judgment is satisfied by one of them, said person is entitled to the benefit of the judgment to enforce contribution or reimbursement, if within thirty (30) days after his payment, he files with the clerk of the court where the judgment was rendered notice of his payment and claim to contribution or reimbursement. Upon the filing of such notice, the clerk shall make an entry thereof in the margin of the docket and, on motion of the interested party, shall issue a writ of execution against the other joint debtors.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-52/rule-52-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 52 - Appeal, review and certification›Rule 52.1 - Procedures
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 52 - Appeal, review and certification › Rule 52.1 - Procedures
|
Every procedures for appeal, certiorari and certification shall be handled in accordance with applicable law, these rules, and the rules adopted by the Supreme Court of Puerto Rico.
History —Amended on Dec. 25, 1995, No. 249, § 18, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-52/rule-52-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 52 - Appeal, review and certification›Rule 52.2 - Frivolous appeals
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 52 - Appeal, review and certification › Rule 52.2 - Frivolous appeals
|
If it is determined that an appeal from a ruling of the court is clearly frivolous or has been filed with the purpose of delaying the proceedings, the court where it is filed shall award attorney’s fees plus costs.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.1 - When and how to do it
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.1 - When and how to do it
|
(a) Appeals before the Supreme Court. — The appeal is presented by filing a writ of appeal at the Office of the Clerk of the Supreme Court. The appellant shall serve a copy of the notice of the appeal, duly stamped with the date and time of filing, at the Office of the Clerk of the Circuit Court of Appeals, within the term of forty-eight (48) hours following filing of the notice of appeal.
(b) Appeals before the Circuit Court of Appeals. — The petitions for appeal shall be presented by filing the notice of appeal at the office of the clerk of the part of the Court of First Instance that rendered the appealed judgment, or at the office of the clerk of the Circuit Court of Appeals. If the appeal is filed at the office of the clerk of the part of the Court of First Instance that rendered the appealed judgment, the appellant shall notify the office of the clerk of the Circuit Court of Appeals, within forty-eight (48) hours following the serving of the appeal, the regulatory number of copies of the notice, duly stamped by the clerk of the part of the Court of First Instance with the date and time of filing. If filed with the clerk of the Circuit Court of Appeals, the appellant shall serve a copy of the appeal, duly stamped with the date and time of filing, at the office of the clerk of the part of the Court of First Instance that issued the appealed judgment, within forty-eight (48) hours following the filing of the writ of appeal.
(c) Terms for filing the writ of appeal. — The appeal shall be filed in the form filed above, within the jurisdictional term of thirty (30) days counting from the date of filing the copy of the notice of judgment issued by the respondent court of record on the case. If the date of filing the copy of the notice of judgment in the record, is different from the mailing date of said notice, the term shall be calculated from the date of mailing.
In those cases in which the Commonwealth of Puerto Rico, its officials or one of its instrumentalities other than a public corporation, or the municipalities of Puerto Rico are parties in a case, the writ of appeal shall be filed by any party to the case injured by the judgment, by filing a bill of appeal as provided above within the jurisdictional term of sixty (60) days counting from the filing of a copy of the notice of the judgment rendered by the respondent court. If the date of filing of the copy of the notice of judgment is different from the mailing date of said notice, the term shall be calculated from the mailing date.
(d)
(1) Writ of certiorari to the Supreme Court. — The writ of certiorari before the Supreme Court, to discretionally review, the judgments or resolutions of the Court of Appeals in remedies of appeal shall be filed at the Office of the Clerk of the Supreme Court within the jurisdictional term of thirty (30) days counted from the date of filing of a copy of the notice of the appealed judgment in the records. If the date of filing the copy of the notice of judgment is different from the mailing date of said notice, the term shall be figured from the mailing date.
In those cases in which the Commonwealth of Puerto Rico, its officials, or any of its instrumentalities that is not a public corporation, or the municipalities of Puerto Rico are a part, the writ of certiorari to review, discretionally, the judgments or resolutions issued of the court of Appeals, in remedies of appeals shall be filed in the Office of the Clerk of the Supreme Court, by any party to the action by the judgment, within the jurisdictional term of sixty (60) days counting from the date a copy of the notice of the appealed judgment is filed in the records. If the date of filing of the copy of the notice of the judgment is different from the mailing date of said notice, the term shall be figured as of the date it is mailed.
(2) The writ of certiorari before the Supreme Court to discretionally review the final judgments or resolutions issued by the Court of Appeals in writs of certiorari of the judgment rendered in proceedings of voluntary jurisdiction shall be filed at the Office of the Clerk of the Supreme Court within the jurisdictional term of thirty (30) days counted from the date of filing the copy of the notice in the record of the appealed judgment in the record of the case. If the date of filing the copy of the notice of the judgment or resolution is different from the mailing date of said notice, the term shall be calculated as of the date it is mailed.
(3) The writ of certiorari before the Supreme Court to review all other final judgments or resolutions of the Court of Appeals in discretionary petitions shall be filed at the Office of the Clerk of the Supreme Court within the term of thirty (30) days from the date the copy of the notice of the appealed judgment is filed in the record of the case. If the date of filing the copy of the notice of judgment in this record is different from the mailing date of said notice, the term shall be calculated from the date of the mailing. The term provided herein is of strict compliance, and shall only be extended under special circumstances duly grounded in the writ of certiorari.
(4) The writ of certiorari, to review any interlocutory resolution of the Circuit Court of Appeals, shall be formalized by filing a petition with the Clerk of the Supreme Court within thirty (30) days following the date of notice of the resolution or order appealed. The term provided herein is of strict compliance, prorogable only when there are special circumstances duly grounded in the petition for certiorari.
(5) The petitioner shall serve the Office of the Clerk of the Circuit Court of Appeals within forty-eight (48) hours following the filing of the petition, a copy thereof, duly stamped with the date and time of filing.
(e) Writ of certiorari before the Circuit Court of Appeals. —
(1) The writ of certiorari to review any resolution or order of the Court of First Instance shall be executed by filing a petition within thirty (30) days following the date of notice of the appealed resolution or order. The term provided herein shall be strictly enforced, and shall only be extendible under special circumstances duly grounded in the writ of certiorari.
(2) The writ of certiorari to review final resolutions in proceedings of voluntary jurisdiction rendered by the Court of First Instance shall be executed by filing a petition within thirty (30) days following date of notice of the appealed resolution or order. The term provided herein is jurisdictional.
(3) The writs of certiorari under the two previous clauses submitted for the consideration of the Circuit Court of Appeals, and their copies, may be filed in the Office of the Clerk of the Circuit Court of Appeals or with the clerk of the part of the Court of First Instance in which the controversy subject to review was settled, and said filing shall have full force of law. Subsequent writs and their copies shall be filed with the Clerk of the Circuit Court of Appeals.
(4) When the writ of certiorari is filed in the Office of the Clerk of the Circuit Court of Appeals, the petitioner shall serve the office of the clerk of the respondent court, within forty-eight (48) hours following the filing of the petition, a copy thereof duly stamped with the date and hour of filing. When the petition is filed in the Office of the clerk of the appealed court, the petitioner shall serve the Office of the clerk of the Circuit Court of Appeals the regulatory number of copies duly stamped by the clerk of the respondent court with the date and hour of filing within forty-eight (48) hours following the filing of the petition.
(f) Petitions for registration before the Supreme Court. — A petition for registration at request of a party shall be executed by filing a petition with the Office of the clerk of the Supreme Court at any time after having filed the docket at the Circuit Court of Appeals or after having notified the filing of the original records before said court to the parties, as the case may be. The petitioner shall serve a copy of the petition for registration, duly stamped with the date and hour of filing, to the clerk of the Circuit Court of Appeals, within forty-eight (48) hours following the filing of the petition.
The petition for registration shall also be executed when the Supreme Court of the United States or any United States Circuit Court of Appeals, Federal District Court or State Court of any state of the Union, has a case for its consideration in which there are local issues of law that are decisive in the cause of action before any of said courts, for which there are no clear precedents in the decisions of the Supreme Court of the Commonwealth of Puerto Rico, and an opinion on such issues is requested by filing the corresponding petition with the Office of the Clerk of the Supreme Court.
(g) Interruption of the term to appeal. — The term to appeal shall be interrupted by a timely motion made pursuant to any of the rules set forth below, and said term shall start to run anew when a copy of the service of any of the following orders regarding said motions is filed in the case:
(1) In appeals to the Circuit Court of Appeals proceeding from the Court of First Instance, granting or denying a motion under Rule 43.3 to amend or to make initial or additional findings of fact, whether or not a revision of the judgment would be required if the motion is granted;
(2) in appeals before the Circuit Court of Appeals proceeding from the Court of First Instance, finally resolving a motion for reconsideration as provided in Rule 47;
(3) in appeals to the Circuit Court of Appeals proceeding from the Court of First Instance, denying a motion for a new trial under Rule 48;
(4) in appeals to the Supreme Court proceeding from the Circuit Court of Appeals finally resolving a motion for reconsideration filed pursuant to the provisions of Rule 47.
(h) Stay of the term to file a writ of certiorari before the Supreme Court. — The term to file a writ of certiorari before the Supreme Court of a judgment or final resolution of the Court of Appeals shall be stayed by the timely filing of a motion for reconsideration pursuant to the provisions of Rule 47. Said term shall begin to run anew upon the filing of a copy of the notice of the resolution or judgment of the Court of Appeals finally resolving the motion to reconsider. If the date of filing the copy of the notice of judgment is different from the mailing date of said notice, the term shall be figured from the mailing date.
(i) Interruption of the term to file a writ of certiorari before the Circuit Court of Appeals. — The term to file a writ of certiorari before the Circuit Court of Appeals shall be interrupted and shall begin to run anew pursuant to the provisions of Rule 47.
(j) Who benefits. — When the term to appeal or file writ of certiorari is interrupted by virtue of these rules, the interruption shall benefit any other party involved in the suit.
(k) Failure to take further steps to perfect the petition. — If the appellant fails to take any of the further steps to execute the appeal or the writs of certiorari or certification, such omission shall not invalidate the same, and shall only be a cause to grant those remedies specified in this Rule 53; or if no remedy is specified, for such action as the court of appeal may deem appropriate, including dismissal of the appeal or of the writs of certiorari or certification.
(l) The court of appeals may, on its own initiative or by petition of a party, dismiss an appeal or a discretionary recourse for the following reasons:
(1) The court of appeals lacks jurisdiction.
(2) That the appeal or discretionary recourse has not been executed pursuant to the law and applicable rules.
(3) That the appeal or discretionary recourse has not been processed with due diligence.
(4) That the appeal or discretionary recourse is clearly frivolous or has been filed to delay the proceedings.
History —Amended on July 18, 1986, No. 143, p. 450, § 1; Dec. 7, 1993, No. 108, § 1; Dec. 25, 1995, No. 249, § 19; Dec. 18, 1997, No. 164, § 1; Mar. 27, 2004, No. 84, § 1, eff. 30 days after Mar. 27, 2004.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.2 - Bill of appeal
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.2 - Bill of appeal
|
(a) The bill of appeal:
(1) Shall specify the names of the appellant parties;
(2) shall specify any other petition on the same case pending on the date of filing;
(3) shall indicate the court of appeals before which the appeal is made;
(4) shall specify the cites of the legal principles establishing the jurisdiction and venue of the court of appeals;
(5) shall designate the judgment or part thereof which is appealed;
(6) shall contain a true and concise statement of the facts of the case;
(7) shall contain the issues and discussion of the errors that, in the opinion of the appellant, were committed by the respondent court;
(8) shall indicate and discuss the constitutional issue or issues set forth, when the law requires it; and
(9) in appeals before the Circuit Court of Appeals, the appendix provided in Rule 54.4.
(b) The filing of a writ of appeal shall constitute the argument of the appellant. No statement of error omitted or not discussed in the writ of appeal shall be considered.
(c) Whenever the weighing of evidence made by the Court of First Instance is questioned, the appellant may file a supplementary argument thirty (30) days following the approval of the statement of evidence or the submittal of the transcript, with the purpose of referring to the portions of the statement or of the transcript that are relevant to their statements of error.
(d) The petitioner shall serve notice of the filing of the bill of appeal to all parties or their attorney of record, within the term to appeal and in the form prescribed in Rule 67.
History —Amended on Dec. 25, 1995, No. 249, § 20, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.3 - Writ of certiorari
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.3 - Writ of certiorari
|
(a) The writ of certiorari:
(1) Shall specify the names of the petitioning parties;
(2) shall specify any other remedy on the same case that is pending on the date of filing;
(3) shall indicate the court of appeals before which the petition is resorted to;
(4) shall specify the cites of the legal provisions establishing the jufisdiction and venue of the court of appeals;
(5) shall designate the judgment, resolution or order or part thereof from which the petition is resorted;
(6) shall contain a true and concise statement of the facts of the case;
(7) shall contain the issues and discussion of the errors that in the opinion of the appellant, were committed by the respondent court;
(8) in writs of certiorari before the Circuit Court of Appeals, the appendix provided in Rule 54.4.
(b) The petitioner shall serve notice of the filing of the writ of certiorari to all parties or their legal counsels of record, within the term to file the writ and in the manner prescribed in Rule 67.
History —Amended on Dec. 25, 1995, No. 249, § 21, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.4 - Petition for certification
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.4 - Petition for certification
|
The petition for certification shall specify the names of the petitioners; shall designate the case pending in the Circuit Court of Appeals; and shall briefly state the urgent circumstances of the case that warrant a departure from the ordinary proceeding, and a direct adjudication by the Supreme Court. Upon filing the petition, the appellant shall serve it to all the parties in the manner provided in Rule 67.
When the certification has been issued by a Federal Court or by a State Court of any of the States of the Union, the process to be followed shall be the one set forth by the Supreme Court of Puerto Rico in its regulations to that effect.
History —Amended on Dec. 25, 1995, No. 249, § 22, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.5 - Opposition to issuance of writ
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.5 - Opposition to issuance of writ
|
The parties may file their opposition to the issuing of the writ within ten (10) days after service of the writ of certiorari or certification, or within the additional term granted by the court.
History —Amended on Dec. 25, 1995, No. 249, § 23, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.6 - Appeal and certiorari docket to the Circuit Court of Appeals; docket in other remedies
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.6 - Appeal and certiorari docket to the Circuit Court of Appeals; docket in other remedies
|
The appeal and certiorari docket to the Circuit Court of Appeals shall consist of the appendixes to the arguments of the parties, pursuant to Rule 54.4, to which the oral statement of proof shall be attached, if applicable, pursuant to Rule 54.2. In every case, the Circuit Court of Appeals, on its own initiative or by petition of a party, may order the original record to be referred at any time.
The Supreme Court shall regulate all matters concerning the docket in writs of certiorari, certification and appeal before it.
History —Amended on Dec. 25, 1995, No. 249, § 25, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-7/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.7 - Referral of the record on appeal in cases proceeding from the Court of First Instance
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.7 - Referral of the record on appeal in cases proceeding from the Court of First Instance
|
(a) When the Circuit Court of Appeals orders the original records to be referred, the clerk of the part of the Court of First Instance that issued the appealed judgment, shall refer the same along with an index and a certification adequately identifying it, and shall serve notice thereof to the parties. The clerk shall have a term of thirty (30) days from the date of notice of the order of the Circuit Court of Appeals to refer the original record, unless the Circuit Court of Appeals extends such term.
(b) The original record shall be prepared and referred pursuant to these rules and to those approved by the Supreme Court. The term provided herein shall be extendible, for just cause, by order of the Circuit Court of Appeals, for a term not to exceed sixty (60) days, and pursuant to the rules approved by the Supreme Court. If the Clerk of the Court of First Instance has not remitted the original record within the term of the extension granted, the appellant shall immediately resort to the Circuit Court of Appeals for it to act as deems proper in support of its competence.
(c) If the appellant fails to arrange the remittal of the record of the petition in the form and terms provided herein, the appeal shall be deemed as abandoned, and can be dismissed by the Circuit Court of Appeals.
(d) It shall not be necessary for the Court of First Instance to approve the original record. If any discrepancy should arise as to whether the record faithfully reflects what has occurred in said court, it shall settle the dispute and conform the record to the truth. If by error or chance any portion of the record which may be material for any of the parties is omitted or stated mistakenly, the parties, by stipulation, or the Court of First Instance, before remitting the original record, by request of a party or on its own initiative, may remedy the omission or correct the error. When the Court of First Instance makes the correction it shall direct its clerk to certify and remit a supplementary record to the Circuit Court of Appeals. Any other matter related to the content and form of the record shall be set forth before the Circuit Court of Appeals.
(e) When there is more than one appeal in the same case, only one record shall be prepared without duplication. Any issue raised or stipulated by the parties shall be included therein.
History —Amended on Dec. 25, 1995, No. 249, § 26, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-8/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.8 - Transfer of file of writ of certification
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.8 - Transfer of file of writ of certification
|
The file of the writ of certification provided in Rule 54 shall be transferred to the Supreme Court within five (5) days after said writ of certification has been issued by said court, unless the Supreme Court provides through an order, a longer term that shall not exceed thirty (30) days.
History —Amended on Dec. 25, 1995, No. 249, § 27, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-9/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule §53.9 - Stay of proceedings
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule §53.9 - Stay of proceedings
|
(a) Once a bill of appeal is filed, all further proceedings in lower courts regarding a judgment or any part thereof which is appealed, or the issues contained therein, shall be stayed, except for an order to the contrary, issued on its own initiative or by petition of a party thereto by the court of appeals; but the Court of First Instance may continue the action with regard to any matter involved therein which is not included in the appeal, provided that the proceedings in the Court of First Instance shall not be stayed whenever the judgment orders the sale of goods susceptible to loss or damage, in which case the Court of First Instance may order such goods to be sold and the proceeds deposited until the appellate court has pronounced judgment.
(b) The filing of a writ of certiorari shall not stay the proceedings in the respondent court, except for an order to the contrary issued by the court of appeals on its own initiative or by petition of a party. The issuing of a writ of certiorari shall stay the proceedings in the respondent court, except in the case of a writ of certiorari issued by the Circuit Court of Appeals to review a resolution or order of the Court of First Instance pursuant to § 22k(f) of Title 4.
(c) The filing of a writ for certification shall not stay the proceedings in the Circuit Court of Appeals of the Court of First Instance, except when the Supreme Court issues an order to the contrary, on its own initiative or by petition of a party. Insofar as temporary restraining orders and injunctions are concerned, they shall be governed by the provisions of Rule 57.6.
(d) The effects of an appealed judgment shall not be stayed, except through an order to the contrary issued in its own initiative or upon petition of a party by the court of appeals, which includes any of the following remedies:
(1) An injunction, mandamus or restraining order;
(2) an order to pay child support;
(3) an order on custody on filial relations.
History —Amended on Dec. 25, 1995, No. 249, § 28, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-10/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.10 - Processing and execution of the appeals before the Supreme Court and of the writs of ce...
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.10 - Processing and execution of the appeals before the Supreme Court and of the writs of certiorari and certification
|
The Supreme Court shall regulate what is concerned with the processing and execution of the appeals before it and of the writs of certiorari and certification, pursuant to the applicable law and to the pertinent provisions of these rules.
History —Added on Dec. 25, 1995, No. 249, § 29, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-11/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification›Rule 53.11 - Powers of the courts of appeal
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.11 - Powers of the courts of appeal
|
In situations not foreseen in the law, these rules or the rules approved by the Supreme Court, the Supreme Court as well as the Circuit Court of Appeals shall prosecute the procedure in the form that, in their best judgment, will serve the best interests of all the parties involved.
The Supreme Court and the Circuit Court of Appeals reserve the power to waive terms, briefs or specific procedures in any case under their consideration, in order to attain its most efficient and fair dispatch.
History —Added on Dec. 25, 1995, No. 249, § 30, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circuit court of appeals›Rule 54.1 - Documents that shall constitute the record on appeal
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.1 - Documents that shall constitute the record on appeal
|
The appeals before the Circuit Court of Appeals shall be heard in consideration of the documents required by these rules, and upon the statement of evidence, or of the transcript of the oral evidence, when proper under this Rule, which shall constitute the record in such cases.
History —Amended on Dec. 25, 1995, No. 249, § 31, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circuit court of appeals›Rule 54.2 - Statement of parol evidence
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.2 - Statement of parol evidence
|
(a) Whenever the appellant or petitioner deems that in order to resolve an appeal or discretionary remedy after issuing of the writ, it is necessary for the Circuit Court of Appeals to consider some portion of the oral evidence presented before the Court of First Instance, one of the following in the docket, or a combination thereof shall be included:
(1) Stipulated statement;
(2) narrative statement;
(3) transcript.
The narrative statement shall only be in order in absence of a stipulated statement and upon prior authorization of the Circuit Court of Appeals, as provided in subsection (d) of this Rule 54.2. The transcript shall be in order only when the interested party proves to the Circuit Court of Appeals that it is not possible to prepare a narrative or stipulated statement, or that the narrative statement approved does not adequately state the oral evidence, notwithstanding the objections or amendments filed in a timely manner before the Court of First Instance.
Notwithstanding the above, the Circuit Court of Appeals may order as an exception, on its own initiative and on the exercise of its discretion, the preparation of a narrative statement or a transcript of the oral evidence or portion thereof.
(b) The statement of evidence shall present the manner in which the controversies pertinent to the appeal or the discretionary remedy arose and were resolved by the Court of First Instance. The statement shall include a relevant account of the oral evidence presented before the Court of First Instance to substantiate the errors indicated in the appeal or discretionary remedy prosecuted.
(c) Within thirty (30) days following the filing of the writ of appeal or certiorari, the appellant or petitioner shall prepare and submit to the Circuit Court of Appeals a draft of the narrative statement of the parol evidence pertinent to the appeal, together with a motion in which it shall justify the need for the Court to take into advisement the parol evidence for its proper disposition. A copy of the motion and the draft of the narrative statement shall be served to the appellee or respondent.
During the following twenty (20) days, the parties shall make the effort, through communications and meetings between them, to obtain a stipulation based on the narrative statement draft from the appellant or petitioner.
If after twenty (20) days a stipulation is not forthcoming, the appellant shall file within the following ten (10) days its opposition to the motion and to the draft of the appellant’s stipulation, in which he/she shall indicate specifically and in detail, with reference to the evidence presented, its objections to the appellant’s draft and the reasons for which it is prevented from reaching an agreement on a stipulated narrative statement. Otherwise, the draft of the appellant party may be used as the narrative statement of the parol evidence.
In the writ of certiorari the appellee shall not have to present its objections to the petitioner’s draft and the reasons which prevent it from agreeing on a stipulation until the Circuit Court of Appeals should so order.
(d) After the motion and the draft of the appellant or petitioner have been taken under advisement as well as the opposition of the appellee or respondent, the Circuit Court of Appeals shall:
(1) Order the parties to meet again to try to agree on a stipulation; or
(2) Hold a hearing before the Circuit Court of Appeals, or by delegation, before a judge of the corresponding jury panel, for the sole purpose of exploring the possibility of getting the parties to harmonize or minimize their differences with regard to the narrative statement of the evidence. During said hearing the merits of the remedy shall neither be discussed nor adjudicated nor shall the possibility of reaching an agreement be explored.
(3) Order the appellant or petitioner to proceed to obtain from the Court of First Instance the approval of the narrative statement or any portion thereof which has not been stipulated, pursuant to subsection (e) of this Rule; or
(4) Order the preparation of a total or partial transcript of the parol evidence, pursuant to the provisions of Rule 54.3.
The Circuit Court of Appeals may impose fees and sanctions on the party, its attorney, or both, should it determine that they hindered the achievement of a total or partial stipulated statement of the parol evidence and caused the delay of the solution of the appeal. Likewise, the Circuit Court of Appeals may impose sanctions on the party or attorney who intentionally has made a wrongful representation of the contents of the parol evidence.
(e) The narrative statement shall be submitted at the corresponding part of the Court of First Instance within the term of twenty (20) days after serving the resolution of the Circuit Court of Appeals which authorizes the drafting and submission of the narrative statement, unless the resolution provides a different term. On the same day in which the appellant or petitioning party submits the narrative statement, it shall serve notice of said fact to the other parties and to the Circuit Court of Appeals, with a copy of the narrative statement submitted. The parties shall file their objections to the narrative statement or propose amendments thereto within the following ten (10) days. The objections or amendments shall be forthwith submitted to the Court of First Instance, and shall be served on the Circuit Court of Appeals on the same day.
(f) Once the terms provided in the preceding subsection have elapsed, the narrative statement, with the proposed objections and amendments, shall be submitted for approval by the Court of First Instance. If the Court of First Instance has not approved the narrative statement within thirty (30) days of its submission, and provided that no objections or amendments have been submitted pursuant to the above clause, the narrative statement shall be understood to be approved. If any objections or amendments are submitted, express approval of the narrative statement shall be necessary. When the express approval of the narrative statement intervenes, the clerk of the Court of First Instance shall serve an official copy to the Circuit Court of Appeals.
(g) The terms provided in this Rule 54.2 may be extended upon a duly grounded motion and for just cause. The appellant or petitioning party shall be responsible for complying with the terms and procedures established in this Rule 54.2, and to serve notice to the Circuit Court of Appeals on any noncompliance or other related difficulty. Failure to comply with this responsibility shall bar the Circuit Court of Appeals from considering any designation of error of the Court of First Instance in the evaluation of the oral evidence, and could result in the dismissal of the appeal.
(h) In order to facilitate the preparation of a narrative statement of the evidence, legal counsels may use their own recordings, as authorized by the rules approved by the Supreme Court.
History —Amended on Dec. 25, 1995, No. 249, § 32; Aug. 12, 1997, No. 74, § 3.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circuit court of appeals›Rule 54.3 - Transcription of oral evidence
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.3 - Transcription of oral evidence
|
(a) A party in an appeal or in a discretionary remedy before the Circuit Court of Appeals may request the court only as provided in Rule 54.2(a), to order the preparation of a transcript of the oral evidence or a portion thereof.
(b) To such effects, the proponent party shall file a motion before the Circuit Court of Appeals no later than thirty (30) days from the date on which notice of appeal was filed, or notice of the issuing of the petitioned writ was served. In said motion, the proponent party shall state the reasons for which he/she considers the transcript to be indispensable. If the proponent party is the appellant or petitioner, he/she shall also show why it is not possible to submit a stipulated or a narrative statement. In any case, the proponent shall identify in the motion, the pertinent portions of the record before the Court of First Instance whose transcript is wanted, including the date of the testimony and the names of the witnesses.
(c) Once the transcript is ordered, the proponent shall request a rerecording of the proceedings from the Court of First Instance. The motion to such effects shall be filed within ten (10) days following the notice of the order of the Circuit Court of Appeals. Along with the motion, the proponent party shall include the corresponding fees, pursuant to the rules approved by the Supreme Court.
(d) The re-recording shall be made pursuant to the terms and procedures established in the rules approved to such effects by the Supreme Court. Once the new recording has been completed, the clerk of the Court of First Instance shall deliver it to the proponent party and shall serve notice thereof to the other parties and to the Circuit Court of Appeals. In cases in which a pro bono transcript is to be made pursuant to subsection (f) of this Rule 54.3, the same shall be made as provided in the rules approved by the Supreme Court.
(e) The transcript of oral evidence authorized by the Circuit Court of Appeals shall be made by the requesting party, at its own expense, and within the term of thirty (30) days from the delivery of the rerecording. A private stenographer licensed under the rules approved by the Supreme Court of Puerto Rico shall be used for this purpose.
(f) The fees paid by the proponent party to the licensed private stenographer shall be recoverable as costs, should that party prevail in the appeal, unless the Circuit Court of Appeals determines that the transcript was not necessary or useful to settle the appeal.
When the proponent of the transcript is indigent, or it is the Commonwealth of Puerto Rico, its municipalities, administrative bodies, instrumentalities, or officials in their official capacity, or when it is impossible to re-record of the proceedings, the transcript shall be prepared pro-bono by the officials of the Court of First Instance, pursuant to the terms and procedures established in this Rule 54.3, and in the Rules approved by the Supreme Court of Puerto Rico. Should it be necessary, the Chief Justice of the Supreme Court shall authorize the contracting of licensed private transcribers to perform said pro-bono transcripts in one or more cases, pursuant to the parameters established in the rules approved by the Supreme Court.
(g) An index the names and the pages in which the statements of each one of the witnesses appear shall be included with every transcript. Furthermore, the transcript shall be certified by the licensed stenographer as a true and exact reproduction of the transcribed re-recording.
(h) The transcripts shall be prepared and filed with the Clerk of the Circuit Court of Appeals within the term ordered by said Court. It shall be the duty of the proponent party to furnish copies of the transcript of the oral evidence to the other parties within that same term. Said term shall be extendible only for just cause and by a duly grounded motion. If the stenographer fails to comply with the specified term, it shall be the duty of the proponent party to inform the Circuit Court of Appeals as soon as possible, in a diligent and expedited manner, and to seek other options to prepare the transcript within the term ordered by the Court.
History —Amended on Dec. 25, 1995, No. 249, § 33, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circuit court of appeals›Rule 54.4 - Appeal docket and certiorari before the Circuit Court of Appeals; appendix
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.4 - Appeal docket and certiorari before the Circuit Court of Appeals; appendix
|
(a) Every bill of complaint and every writ of certiorari shall include an appendix. Said appendix, along with the appendix of the appealed party’s brief, shall constitute the docket of appeal or certiorari before the Circuit Court of Appeals, unless the court orders the same to be omitted, and the original records to be referred.
(b) The following documents shall compose the appendix of the initial bill of complaint or certiorari:
(1) Complaint and answer
(2) the judgment on appeal, or the resolution or order from which the appeal stems;
(3) any resolution or order, and any motion or writ of any of the parties, in which any matter stated in the bill of complaint or certiorari is expressly discussed, or which is relevant thereto;
(4) any motion, resolution or order needed to justify the interruption and resumption of the term to appeal or file the writ of certiorari;
(5) any other document which is part of the original record in the Court of First Instance and that may be useful to the Circuit Court of Appeal in order to decide the controversy.
(c) The appendix shall only contain copies of documents that are part of the original record of the Court of First Instance. Whenever the appellant or petitioner raises undue exclusion of evidence as an error, a copy of the evidence offered and not admitted shall be included in a separate appendix.
(d) The appellee or petitioner may include as an appendix to its argument or opposition any document which is part of the record before the Court of First Instance and that, in his/her judgment, the Circuit Court of Appeals should consider, but which was not included by the appellee in the appendix of its notice.
(e) All the pages in the appendix filed by any of the parties shall be numbered consecutively. The documents shall be organized in chronological order. Furthemore, the appendix shall contain an index indicating the page on which each document appears.
(f) It shall not be necessary to include in an appendix any document that has already been included in the appendix of a prior brief in the same case. In such cases, every subsequent reference to such document shall indicate the corresponding page and appendix.
History —Added on Dec. 25, 1995, No. 249, § 35, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circuit court of appeals›Rule 54.5 - Documents to discuss a preliminary motion in the Circuit Court of Appeals
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.5 - Documents to discuss a preliminary motion in the Circuit Court of Appeals
|
If prior to the filing of the appellee or petitioner’s argument, or to the referral of the original record, as the case may be, a party is interested in filing a motion to dismiss or to issue any interlocutory order before the Circuit Court of Appeals, said party shall include with the motion those copies of the documents in the original record of the Court of First Instance which may be necessary for the Circuit Court of Appeals to resolve the motion, and which have not been previously filed in the appendix of any writ before the Circuit Court of Appeals.
History —Added on Dec. 25, 1995, No. 249, § 32, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circuit court of appeals›Rule 54.6 - Arguments
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.6 - Arguments
|
Pursuant to Rule 53.2(b), the brief shall constitute the argument of the appellant. The appellee shall submit his/her argument no later than thirty (30) days following the filing of the brief.
When the appellant files the supplementary argument provided in Rule 53.2(c), the appellee may file a reply brief within the following thirty (30) days, to the sole effect of rebutting what the appellant stated in the supplementary argument.
The petitioner of a writ of certiorari shall file his/her argument no later than thirty (30) days following the issuing of the writ. The appellee shall file its argument no later than thirty (30) days following the filing of the petitioner’s argument. Notwithstanding the above, the petitioner or the appellee may petition the Circuit Court of Appeals to accept the writ of certiorari or the opposition thereto as their respective arguments.
The terms herein provided shall be extendible by petition of a party or by the Circuit Court of Appeals’ own initiative.
History —Added on Dec. 25, 1995, No. 249, § 37, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-7/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circuit court of appeals›Rule 54.7 - Remitting of Mandate and return of the original file
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.7 - Remitting of Mandate and return of the original file
|
After ten (10) working days from filing the notice of judgment issued by the Circuit Court of Appeals in the record, the clerk of said Court shall remit the mandate to the part of the Court of First Instance that issued the appealed judgment, or order, or resolution, along with the entire original file, when it has been appealed, unless a motion to reconsider has been granted or is pending resolution, or unless the Circuit Court of Appeals or the Supreme Court orders otherwise.
History —Added on Dec. 25, 1995, No. 249, § 38, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-55/rule-55/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 55 - Extraordinary Remedies›Rule 55 - Extraordinary Remedies
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 55 - Extraordinary Remedies › Rule 55 - Extraordinary Remedies
|
The remedy heretofore available by a writ of mandamus, whether peremptory or alternative, may be obtained by filing a sworn petition therefor. Whenever such remedy is requested and the right to demand the immediate performance of an act is evident and it appears that there is no excuse for not performing it, the court may peremptorily order that the remedy be granted; otherwise, it shall order that an answer be filed and, as soon as practicable, shall hold a hearing to receive evidence, if necessary, and shall promptly make a decision. Compliance with the orders entered by the court shall be in the same manner required for compliance with any other order.
The Supreme Court and the Circuit Court of Appeals shall issue writs of certiorari, mandamus and habeas corpus, as well as other petitions or causes determined by law. The Supreme Court may issue restraining orders and quo warranto orders as provided in applicable special laws. The issuing of an injunction shall be governed by the provisions of Rule 57 and of applicable special laws.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.1 - General principles
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.1 - General principles
|
In every action, before or after entering judgment, and on motion of claimant, the court may issue any provisional order it may deem necessary to secure satisfaction of the judgment. The court may order the attachment, garnishment, the prohibition to alienate, claim and delivery of personal property, receivership, an order to do or to desist from doing any specific act, or it may order any other measure it deems necessary, according to the circumstances of the case. In every case in which a provisional remedy is sought, the court shall consider the interests of all the parties and shall adjudicate as substantial justice may require.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.2 - Notice
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.2 - Notice
|
No provisional remedy shall be granted, modified, set aside, nor shall any action be taken thereon without notice upon the adverse party and a hearing, except as provided in Rules 56.4 and 56.5.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.3 - Bond
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.3 - Bond
|
A provisional remedy may be granted without the filing of a bond in any of the following cases:
(1) If it appears from public or private documents, as defined by law, signed before a person authorized to administer oaths, that the obligation may be legally enforced; or
(2) If party is indigent and expressly exempted by law from the payment of filing fees, and in the court’s opinion the complaint adduces facts sufficient to establish a cause of action which may evidently succeed, and there are reasonable grounds to believe, after a hearing to that effect, that if such provisional remedy is not granted the resulting judgment would be academic since there would be no property over which to execute it; or
(3) If a remedy is sought after judgment is entered.
Whenever the court grants the provisional remedy without the filing of a bond in accordance with the provisions of this rule, it may exclude certain property from its order.
In all other cases, the court shall require the filing of a bond sufficient to secure all the damages arising from the remedy. However, a defendant or respondent may retain the possession of the personal property attached by plaintiff or claimant by filing a bond for the amount the court deems sufficient to secure the value of said property. If the defendant furnishes a bond for the amount attached, the attachment will be left without effect.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.4 - Attachment or prohibition to alienate
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.4 - Attachment or prohibition to alienate
|
If the requirements of Rule 56.3 have been met, the court shall issue, on motion ex parte of a claimant, an order of attachment or of prohibition to alienate. The attachment and prohibition to alienate real property shall be effected by recording them with the Registry of Property and notifying the defendant. In case of personal property, the order shall be carried out by depositing the personal property in question in court or with the person designated by it under the claimant’s responsibility. On petition of any of the parties the court may order the auction and sale of fungible goods whose attachment or prohibition to alienate has been issued and the proceeds thereof shall be deposited in the manner provided by the court.
The party requesting the designation of a depository of the property to be attached shall furnish his address and telephone number, if any, of his residence or of his place of employment or business. The designated depository shall immediately notify the court, under the title of the case, any change of address or telephone number, or of place or conditions of the property attached.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.5 - Order to do or to desist from doing
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.5 - Order to do or to desist from doing
|
No order shall be made under Rule 56 to do or to desist from doing any specific act without serving notice upon the adverse party, unless from specific facts supported by affidavit it clearly appears that the petitioner will sustain irreparable injury, damage or loss before notice and hearing on the petition. Such order ex parte shall be effective upon service of notice thereof. Any party affected thereby may at any time file a motion to modify or to set aside the order and said motion shall be heard at the earliest possible date, but not later than five (5) days after the filing thereof and shall have preference over all other matters. A two-day notice upon the party obtaining the order, or the shortest notice the court may prescribe, shall be sufficient for the purposes of the hearing.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.6 - Receivers
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.6 - Receivers
|
(a) No receiver shall be appointed unless it is established that no other provisional remedy would be effective to secure satisfaction of the judgment. Unless otherwise ordered by the court, a receiver shall proceed in accordance with the rules for the judicial administration of estates.
(b) No party, or its attorney, or person interested in the action shall be appointed receiver therein, without the written consent of the affected parties filed with the court.
(c) The court may require that the receiver furnishes a bond to secure strict compliance with his duties, and, in that case, the receiver shall not take office until the bond has been approved.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-7/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.7 - Notice of pending suit
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.7 - Notice of pending suit
|
The court before which the action is pending shall have the power to direct that the notice of pendency of action be expunged, once a hearing has been held and a bond for a reasonable amount has been submitted, taking into account the probability that the plaintiff may prevail, the value of the property or rights involved, and the other circumstances of the case.
History —Amended on Jan. 14, 2000, No. 30, § 1.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.1 - Preliminary injunction
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 57 - Injunctions › Rule 57.1 - Preliminary injunction
|
(a) Notice. — No writ of preliminary injunction shall be issued without prior notice to the adverse party.
The notice shall be served in the same manner as provided in Rule 4.4 by delivering a copy of the order to the adverse party in conjunction with a copy of the request for injunction. Said delivery shall have the same effect as the delivery and service of the summons under Rule 4.4.
Proof of service of the notice shall be made in the same manner allowed for the service and amendment of the summons under Rules 4.8 and 4.9.
(b) Consolidation of hearing with trial on merits. — Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received in the hearing of an application for preliminary injunction which would be admissible upon the trial on the merits becomes part of the record of the case and need not be repeated upon the trial.
History —Amended on July 15, 1988, No. 108, p. 449.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.2 - Temporary restraining order; notice; hearing; duration
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 57 - Injunctions › Rule 57.2 - Temporary restraining order; notice; hearing; duration
|
A temporary restraining order may be granted without notice to the adverse party or his attorney only if:
(1) It clearly appears from the facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or his attorney can be heard; and
(2) the applicant’s attorney or the applicant himself certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting his claim that notice should not be required.
Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed ten (10) days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period, or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible date and takes precedence over all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if he does not do so, the court shall dissolve the temporary restraining order. On two (2) days’ notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion expeditiously as the ends of justice require.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.3 - Security
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 57 - Injunctions › Rule 57.3 - Security
|
No restraining order or preliminary injunction shall be issued except upon the giving of security by the applicant, in such sum as the court deems proper for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the Commonwealth of Puerto Rico, its municipalities, agencies, instrumentalities or of any of its officers acting in their official capacity.
Whenever these rules require or permit the giving of security by a party, each surety submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom any notice, summons or papers affecting his liability on the bond may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-4/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.4 - Form and scope of injunction or restraining order
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 57 - Injunctions › Rule 57.4 - Form and scope of injunction or restraining order
|
Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-5/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.5 - Labor disputes
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 57 - Injunctions › Rule 57.5 - Labor disputes
|
This Rule 57 does not modify Act No. 50 of August 4, 1947, as amended (29 L.P.R.A. §§ 101-107), relating to the issuance of restraining orders and injunctions in actions arising from or involving a labor dispute. It does not modify either the provisions of any other law of the Commonwealth of Puerto Rico relating to the issuance of restraining orders and injunctions in actions affecting employers and employees.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-6/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.6 - Injunction pending appeal, review or certiorari
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 57 - Injunctions › Rule 57.6 - Injunction pending appeal, review or certiorari
|
(a) When a judgment or resolution granting, dissolving or denying an injunction is appealed, the appealed court may in its discretion suspend, modify, restore or grant an injunction while the appeal is elucidated, under such terms regarding bail and others it deems adequate to protect the rights of the opposing party.
(b) What is provided in this rule does not restrict the power of the court of appeals or of one of its judges to stay the proceedings while the appeal is elucidated, or to suspend, modify, restore or grant an injunction while the appeal or certiorari is pending, or to issue any adequate order to preserve the status quo or the effectiveness of the judgment to be issued in due course.
History —Amended on Dec. 25, 1995, No. 249, § 40, eff. May 1, 1996.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-1/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 58 - Condemnation of property›Rule 58.1 - Applicability of other rules
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.1 - Applicability of other rules
|
These rules shall govern the procedure for the condemnation of real and personal property under the power of eminent domain, except in the cases provided by this Rule 58.
In cases where the amount does not exceed that provided by Rule 60, the court may order the simplification of the proceedings substantially following the procedural mechanisms provided therein.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-2/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 58 - Condemnation of property›Rule 58.2 - Joinder of properties
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.2 - Joinder of properties
|
The plaintiff may join in the same action one or more pieces of property, whether in the same or different ownership and whether or not sought for the same use.
|
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-3/
|
PR
|
Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 58 - Condemnation of property›Rule 58.3 - Complaint
|
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.3 - Complaint
|
(a) Caption. — The complaint shall contain a caption as provided in Rule 8.1, except that the plaintiff shall name as defendants the property, designated generally in kind, quantity and location, and at least one of the owners of some part of or interest in the property.
(b) Contents. — The complaint shall contain a short and plain statement of the authority for the taking, the use for which the property is to be taken, a description of the property sufficient for its identification, the interests to be acquired, and as to each separate piece of property a designation of the defendants who have been joined as owners thereof or of some interests thereon. Upon the commencement of the action, the plaintiff need join as defendants only the persons having or claiming an interest in the property whose names are then known, but prior to any hearing involving the compensation to be paid for a piece of property, the plaintiff shall join as defendants all persons having or claiming an interest in that property whose names can be ascertained by a reasonably diligent search in the Registry of Property, considering the character and value of the property involved and the interests to be acquired, and also those whose names have otherwise been learned. All others may be made defendants under the designation “Unknown Owners”. In case the property lacks possession or ownership title the person or persons appearing as owners of the property in the tax receipt or in any other similar document establishing a title shall be added as defendants. Process shall be served as provided in Rule 58.4 upon all defendants, whether named as defendants at the time of the commencement of the action or subsequently joined, and a defendant may answer as provided in Rule 58.5. The court meanwhile may order such distribution of a deposit as the facts warrant.
(c) Filing. — In addition to filing the complaint with the court, the plaintiff shall furnish to the clerk at least one copy thereof for the use of defendants and additional copies at the request of the clerk or of a defendant.
|
Subsets and Splits
Unemployment Word Count by State
Calculates the total word count of documents related to unemployment in each state, revealing insights into the volume of unemployment-related content by location.
CO Title 8 Word Count
Calculates the total number of words in the content of entries related to 'Title 8' in Colorado, providing insight into the volume of text data available for that specific category and state.