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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 moti...
2023 Laws of Puerto Rico › TITLE 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 controvers...
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 testim...
2023 Laws of Puerto Rico › TITLE 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...
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 ...
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 incu...
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 un...
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 accordan...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-v/rule-37/rule-37-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›PART V - PRETRIAL PROCEEDINGS›Rule 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, ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-38/rule-38-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39....
2023 Laws of Puerto Rico › TITLE 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 fili...
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....
2023 Laws of Puerto Rico › TITLE 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...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-39/rule-39-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39....
2023 Laws of Puerto Rico › TITLE 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 dismi...
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...
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....
2023 Laws of Puerto Rico › TITLE 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 p...
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...
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 ...
2023 Laws of Puerto Rico › TITLE 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 ...
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 ...
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 purs...
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...
2023 Laws of Puerto Rico › TITLE 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 th...
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...
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 an...
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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 or...
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 high...
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 st...
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 wit...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-41/rule-41-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 referenc...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-41/rule-41-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 41 - Masters›Rule 41.6 - Panel for medical or hospital malpracti...
2023 Laws of Puerto Rico › TITLE 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 compose...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vi/rule-42/rule-42-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 42 - Ex parte and ad perpetuam rei memoriam proceedings›Rule 42....
2023 Laws of Puerto Rico › TITLE 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VI - TRIALS (§§ 39.2 — 39.4)›Rule 42 - Ex parte and ad perpetuam rei memoriam proceedings›Rule 42....
2023 Laws of Puerto Rico › TITLE 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 c...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 c...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 rec...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 conclude...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-43/rule-43-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 44 - Costs; attorney’s fees; legal interest›Rule 44.1 - Costs and attorney’s ...
2023 Laws of Puerto Rico › TITLE 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...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-44/rule-44-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 44 - Costs; attorney’s fees; legal interest›Rule 44.2 - Interlocutory costs a...
2023 Laws of Puerto Rico › TITLE 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...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-44/rule-44-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-45/rule-45-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-45/rule-45-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 agains...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-vii/rule-45/rule-45-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VII - JUDGMENTS›Rule 46 - Notice and Registration of Judgments›Rule 46 - Notice and Registration o...
2023 Laws of Puerto Rico › TITLE 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 Proce...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-47/rule-47/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-48/rule-48-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 pro...
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 h...
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 affidav...
2023 Laws of Puerto Rico › TITLE 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 ...
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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 49 - Relief from judgment or order›Rule 49.1 - Erro...
2023 Laws of Puerto Rico › TITLE 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 ...
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 - Mist...
2023 Laws of Puerto Rico › TITLE 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 neglec...
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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-50/rule-50/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 a...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 th...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.2 - Proceedings in cases of ...
2023 Laws of Puerto Rico › TITLE 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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.3 - Proceedings in cases of ...
2023 Laws of Puerto Rico › TITLE 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 mo...
(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 a...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.4 - Supplementary proceeding...
2023 Laws of Puerto Rico › TITLE 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 judg...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 sha...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.6 - Process in behalf of and...
2023 Laws of Puerto Rico › TITLE 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 orde...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.7 - Proceedings on 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 51.7 - 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, m...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-8/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-9/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.9 - Rights of purchaser upon...
2023 Laws of Puerto Rico › TITLE 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 mu...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-51/rule-51-10/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 51 - Execution›Rule 51.10 - Proceedings to compel c...
2023 Laws of Puerto Rico › TITLE 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...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-52/rule-52-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 52 - Appeal, review and certification›Rule 52.1 - P...
2023 Laws of Puerto Rico › TITLE 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 52 - Appeal, review and certification›Rule 52.2 - F...
2023 Laws of Puerto Rico › TITLE 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certior...
2023 Laws of Puerto Rico › TITLE 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...
(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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certior...
2023 Laws of Puerto Rico › TITLE 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...
(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 an...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certior...
2023 Laws of Puerto Rico › TITLE 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...
(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 establishin...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certior...
2023 Laws of Puerto Rico › TITLE 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...
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...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certior...
2023 Laws of Puerto Rico › TITLE 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...
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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certior...
2023 Laws of Puerto Rico › TITLE 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...
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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certior...
2023 Laws of Puerto Rico › TITLE 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...
(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...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-53/rule-53-8/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 53 - Procedure to file an appeal, a writ of certior...
2023 Laws of Puerto Rico › TITLE 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...
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, ...
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 certior...
2023 Laws of Puerto Rico › TITLE 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....
(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 C...
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 certior...
2023 Laws of Puerto Rico › TITLE 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...
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 certior...
2023 Laws of Puerto Rico › TITLE 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...
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 Co...
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 circ...
2023 Laws of Puerto Rico › TITLE 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 tha...
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. 24...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circ...
2023 Laws of Puerto Rico › TITLE 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 ...
(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 combi...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circ...
2023 Laws of Puerto Rico › TITLE 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...
(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 A...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circ...
2023 Laws of Puerto Rico › TITLE 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...
(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 b...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circ...
2023 Laws of Puerto Rico › TITLE 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 ...
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 docume...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circ...
2023 Laws of Puerto Rico › TITLE 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 fo...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-viii/rule-54/rule-54-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT›Rule 54 - Record on appeal or certiorari before the circ...
2023 Laws of Puerto Rico › TITLE 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 ...
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 bee...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-55/rule-55/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 55 - Extraordinary Remedies›Rule 55 - Extraordinary Remedi...
2023 Laws of Puerto Rico › TITLE 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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 o...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.4 - Attachment or prohib...
2023 Laws of Puerto Rico › TITLE 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 o...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.5 - Order to do or to de...
2023 Laws of Puerto Rico › TITLE 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 orde...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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, ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-56/rule-56-7/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 56 - Provisional remedies›Rule 56.7 - Notice of pending su...
2023 Laws of Puerto Rico › TITLE 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 invol...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 s...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.2 - Temporary 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 57.2 - 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 ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-3/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 sh...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-4/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.4 - Form and scope of 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 57.4 - 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 acti...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-5/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 th...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-57/rule-57-6/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 57 - Injunctions›Rule 57.6 - Injunction pending appeal, re...
2023 Laws of Puerto Rico › TITLE 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. ...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-1/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 58 - Condemnation of property›Rule 58.1 - Applicability of...
2023 Laws of Puerto Rico › TITLE 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...
https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-2/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 58 - Condemnation of property›Rule 58.2 - Joinder of prope...
2023 Laws of Puerto Rico › TITLE 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/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part 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 sh...