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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-4/
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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 58 - Condemnation of property›Rule 58.4 - Process
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.4 - Process
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(a) Notice; delivery. — Upon the filing of the complaint the plaintiff shall forthwith deliver to the clerk joint or several notices directed to the defendants named or designated in the complaint. Additional notices directed to defendants subsequently added shall be so delivered. The delivery of the notice and its service have the same effect as the delivery and service of the summons under Rule 4.
(b) Same; form. — Each notice shall state the name of the court, the title of the action, the name of the defendant to whom it is directed, that the action is to condemn property, a description of his property sufficient for its identification, the interest to be taken, the authority for the taking, the uses for which the property is to be taken, that the defendant may serve upon the plaintiff’s attorney an answer within twenty (20) days after service of the notice, and that the failure so to serve an answer constitutes a waiver to the right to make objections to the taking and a consent to the authority of the court to proceed to hear the action and to fix the compensation. The notice shall conclude with the name of the plaintiff’s attorney and an address where he may be notified. The notice need contain a description of no other property than that to be taken from the defendants to whom it is directed.
(c) Service of notice. —
(1) Personal service. — Personal service of the notice (but without a copy of the complaint) shall be made in accordance with Rules 4.3 and 4.4 upon a defendant who resides within the Commonwealth of Puerto Rico or within the United States or its territories or insular possessions and whose residence is known.
(2) Service by publication. — Upon the filing of a certificate of the plaintiff’s attorney stating that he believes a defendant cannot be personally served, because after a diligent inquiry within the Commonwealth of Puerto Rico the place of residence of the defendant cannot be ascertained, or, if ascertained, that it is beyond the territorial limits of Puerto Rico, service of the notice shall be made on this defendant by publication in a newspaper of general circulation in Puerto Rico once a week for not less than three successive weeks. Prior to the last publication, a copy of the notice shall also be mailed to a defendant who cannot be personally served as provided in this rule but whose place of residence is then known. Unknown owners may be served by publication in like manner by a notice addressed to “Unknown Owners”.
Service by publication is complete upon the date of the last publication. Proof of publication and mailing shall be made by certificate of the plaintiff’s attorney, to which shall be attached a printed copy of the published notice with name and dates of the newspaper marked thereon.
(d) Return; amendment. — Proof of service of the notice shall be made and amendment of the notice or proof of its service allowed in the manner provided for the return and amendment of the summons under Rules 4.8 and 4.9.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-5/
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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 58 - Condemnation of property›Rule 58.5 - Appearance or answer
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.5 - Appearance or answer
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If a defendant has no objection or defense to the taking of his property, he may serve a notice of appearance designating the property in which he claims to be interested. Thereafter he shall receive notice of all proceedings affecting it. If a defendant has any defense or objection to the taking of his property, he shall serve his answer within twenty (20) days after the service of notice upon him.
The answer shall identify the property in which defendant claims to have an interest, state the nature and extent of the interest claimed, and state all his defenses and objections to the taking of his property. A defendant waives all defenses and objections not so presented, but at the trial of the issue of just compensation, whether or not he has previously appeared or answered, he may present evidence as to the amount of the compensation to be paid for his property, and he may share in the distribution of the award.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-6/
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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 58 - Condemnation of property›Rule 58.6 - Amendments of pleadings
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.6 - Amendments of pleadings
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The plaintiff may amend the complaint at any time before the trial of the issue of compensation and as many times as desired, but no amendment shall be made which will result in a dismissal forbidden by Rule 58.8. The plaintiff need not serve a copy of an amendment, but shall serve notice of the filing, as provided in Rule 67, upon any party affected thereby who has appeared, and in the manner provided in Rule 58.4, upon a party affected thereby who has not appeared. The plaintiff shall furnish to the clerk of the court, for the use of the defendants, at least one copy of each amendment, and he shall furnish additional copies at the request of the clerk or of a defendant. Within the time allowed by Rule 58.5 a defendant may serve his answer to the amended pleading in the form and manner and with the same effect as there provided.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-7/
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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 58 - Condemnation of property›Rule 58.7 - Substitution of parties
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.7 - Substitution of parties
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If a defendant dies or becomes incompetent or transfers his interest after his joinder, the court may order substitution of the proper party upon motion and notice of hearing. If the motion and notice of hearing are to be served upon a person not already a party, service shall be made as provided in Rule 58.4(c).
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-8/
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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 IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 58 - Condemnation of property›Rule 58.8 - Dismissal of actions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.8 - Dismissal of actions
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(a) As of right. — If no hearing has begun to determine the compensation to be paid for a piece of property and the plaintiff has not acquired the title or any other interest in or taken possession thereof, the plaintiff may dismiss the action as to that property, without an order of the court, by filing a notice of dismissal setting forth a brief description of the property as to which the action is dismissed.
(b) By stipulation. — Before the entry of any judgment vesting the plaintiff with title or any other interest in or possession of property, the action may be voluntarily dismissed in whole or in part, without an order of the court, as to any property by filing a stipulation of voluntary dismissal by the plaintiff and the defendant affected thereby; and if the parties so stipulate, the court may vacate any judgment that has been entered.
(c) By order of the court. — At any time before compensation for a piece of property has been determined and paid, and after motion and hearing, the court may allow the plaintiff to dismiss the action under the terms and conditions it may deem pertinent as to that property, except that it shall not dismiss the action as to any part of the property of which the plaintiff has taken possession or in which the plaintiff has taken title or other interest, but shall award just compensation for the possession, title or other interest so taken. The court at any time may drop a defendant unnecessarily or improperly joined.
(d) Effect. — Except as otherwise provided in the notice, stipulation or order of the court, any voluntary dismissal is without prejudice.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-58/rule-58-9/
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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 IX - PROCEEDINGS IN SPECIAL ISSUES›Rule 58 - Condemnation of property›Rule 58.9 - Deposit and its distribution
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.9 - Deposit and its distribution
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The plaintiff shall deposit with the court any money required by law as a condition to the exercise of the power of eminent domain; and, although not so required, may take a deposit when permitted by statute. In such cases, the court and attorneys shall expedite all proceedings, including those for the distribution of the money so deposited and for the ascertainment and payment of just compensation. If the compensation finally awarded to any defendant exceeds the amount which has been paid to him on distribution of the deposit, the court shall enter judgment against the plaintiff and in favor of that defendant for the deficiency. If the compensation finally awarded to any defendant is less than the amount which has been paid to him, the court shall enter judgment against him and in favor of the plaintiff for the overpayment.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-59/rule-59-1/
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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 59 - Declaratory judgments›Rule 59.1 - When appropriate
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.1 - When appropriate
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The Court of First Instance shall have the authority to declare rights, status and other legal relationship, even though another remedy is or may be instigated. The fact that a declaratory judgment or decree has been requested shall not be deemed sufficient motive to challenge any action or proceeding. The declaration may be either affirmative or negative in form and effect and shall have the force and effect of final judgments or resolutions. The court may order a speedy hearing of an action for a declaratory judgment giving it preference in the calendar.
History —Amended on Dec. 25, 1995, No. 249, § 41, eff. May 1, 1996.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-59/rule-59-2/
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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 59 - Declaratory judgments›Rule 59.2 - Who may request declaratory judgment; power to construe; exercise of powers
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.2 - Who may request declaratory judgment; power to construe; exercise of powers
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(a) Every person interested in a deed, will, written contract or other document constituting a contract, or whose rights, status or other legal relations are affected by any statute, municipal ordinance, contract or franchise may apply for a decision on any difference in the construction or validity of said statutes, ordinances, contract or franchise, and also a declaration of rights, status or other legal relations derived therefrom. A contract may be construed before or after noncompliance thereof.
(b) Executors, administrators, receivers, trustees, guardians, creditors, legatees, heirs or successors in interest acting in such capacities or in behalf of other interested persons may apply for and obtain a declaration of rights or legal relations in all cases where trusts, foundations, estates or the property of minors, incapacitated or insolvent persons are administered:
(1) To determine classes of creditors, legatees, heirs, successors in interest and others; or
(2) To direct executors, administrators or trustees to execute or refrain from executing any act in their capacity as such; or
(3) To determine any question arising in the administration of the property or trust, including construction of wills and of other documents.
(c) The enumeration made in subsections (a) and (b) of this rule shall neither limit nor restrict the exercise of general powers conferred by Rule 59.1 in any proceeding for a declaratory remedy, provided a judgment or decree will put an end to the controversy or clear any uncertainty.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-59/rule-59-3/
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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 59 - Declaratory judgments›Rule 59.3 - Discretion of the court
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.3 - Discretion of the court
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The court may refuse to render or enter a declaratory judgment or decree when such judgment or decree, if rendered or entered, will not put an end to uncertainty or to controversy giving rise to the proceedings.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-59/rule-59-4/
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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 59 - Declaratory judgments›Rule 59.4 - Additional remedies
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.4 - Additional remedies
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Additional remedies based on a declaratory judgment or decree may be allowed whenever necessary or adequate. They shall be sought by application to a court with jurisdiction to grant the remedy. If the application is deemed sufficient, the court shall summon any adverse party whose rights have been adjudicated by a declaratory judgment or decree to appear within a reasonable period to show cause why the additional remedies applied for should not be granted immediately.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-59/rule-59-5/
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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 59 - Declaratory judgments›Rule 59.5 - Issues of fact
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.5 - Issues of fact
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Whenever a determination of an issue of fact is raised in any proceeding prosecuted under this rule such issue may be considered and decided in the manner issues of fact are considered and decided in other civil actions in the court taking cognizance of the action.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-59/rule-59-6/
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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 59 - Declaratory judgments›Rule 59.6 - Parties
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.6 - Parties
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When a declaratory remedy is sought, all persons having or alleging an interest which may be affected by the declaration shall be included as parties, and no declaration shall impair the rights of persons not parties to the proceedings. In any proceeding where the validity of a municipal ordinance or franchise is at issue, the corresponding municipality shall be included as a party, and the Secretary of Justice shall also be served notice of the proceedings, pursuant to the provisions of Rule 21.3.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-60/rule-60/
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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 60 - Claims of five thousand dollars ($5,000)›Rule 60 - Claims of five thousand dollars ($5,000)
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 60 - Claims of five thousand dollars ($5,000) › Rule 60 - Claims of five thousand dollars ($5,000)
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When an action is filed for the collection of an amount that not exceed five thousand dollars ($5,000), excluding interest, and when the suit does not specifically request that the case be handled under the regular procedure prescribed by these rules, the clerk shall immediately notify the defendant by mail or through any other means of written communication.
Should the defendant reside outside of Puerto Rico he/she shall be summoned by edict pursuant to Rule 4.5.
The notice shall specify the nature of the claim and the date scheduled for the hearing. Said hearing shall be held at the earliest possible date, but never prior to fifteen (15) days after the defendant has been served. The court shall take cognizance of all issues in litigation at the hearing and immediately pronounce judgement. Should the defendant fail to appear, the court, after finding that the latter was duly served and that a certain sum is owed to the plaintiff, shall pronounce judgment. If it shown to the court that the defendant has a substantial claim, or in furtherance of justice, the court may order that the action be continued under the regular procedures prescribed by these rules.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-ix/rule-61/rule-61/
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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 61 - Special proceedings and extraordinary remedies›Rule 61 - Special proceedings and extraordinary remedies
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 61 - Special proceedings and extraordinary remedies › Rule 61 - Special proceedings and extraordinary remedies
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All special legal proceedings, extraordinary remedies, and any other proceedings of a special nature not covered by Rules 55, 56, 57, 58, 59 and 60 shall be prosecuted in the manner provided in the corresponding statute. The provisions set forth in these rules shall be applicable to all cases where there is no incompatibility or controversy with such corresponding statutes.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-62/rule-62-1/
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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 X - GENERAL PROVISIONS›Rule 62 - The court›Rule 62.1 - Court always open
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 62 - The court › Rule 62.1 - Court always open
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The court shall be deemed always open, within the schedule established by the Supreme Court, for the purpose of filing any paper, of issuing and returning writs, and making any pertinent order.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-62/rule-62-2/
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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 X - GENERAL PROVISIONS›Rule 62 - The court›Rule 62.2 - Hearings and orders in chambers
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 62 - The court › Rule 62.2 - Hearings and orders in chambers
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(a) All hearings upon the merits of a case shall be conducted in open court in a courtroom, unless the court decides otherwise due to the nature of the proceeding. Hearings and other proceedings of cases of dissolution of marriage, parent-child relations, filiation, adoption, child support, patria potestas and custody and guardianship shall be conducted in private, so that the public does not hear testimonies and other procedures, except when one of the parties requests otherwise. Likewise, information about files of the cases of dissolution of marriage, parent-child relations, filiation, adoption, child support, patria potestas and custody and guardianship, as well as copies thereof, may only be shown or furnished to persons with a legitimate interest, or to other persons through a court order and for a justified cause. Said copies shall only be furnished, upon presentation of evidence of necessity and the express authorization of the court, to officials of the General Court of Justice in their official capacity and to those persons of accredited professional or scientific reputation that show evidence of their interest to obtain information to perform their official duties, studies or work, and always subject to the conditions stipulated by the judge. All other acts or proceedings may be done or conducted by a judge in chambers, or in any other place, without the attendance of the clerk or of other officials.
(b) The following shall be persons with legitimate interest:
(1) The parties in the case and their heirs.
(2) The attorneys of the parties in the case.
(3) The notaries that authorize public documents from whose face or content it arises that the judicial document is a complementary document to the public instrument issued by same; as well as the circumstances in which the notaries are required copies of the judicial document for the correction of errors or faults notified by the Honorable Registrar of the Property.
(4) Any other person that one of the parties in the case has authorized by means of a sworn statement.
The aforementioned persons shall not have to submit a request to the Court to be allowed access to the judicial files.
Other persons who wish to review the files or obtain a copy of the documents in the same in those cases referred to in Act No. 70, shall have to submit a request before the Court through which they shall show the causes that justify their examination of said files.
The Chief Justice of the Supreme Court of Puerto Rico shall take the necessary administrative measures to comply with the provisions set forth herein.
History —Dec. 30, 1998, No. 329, § 1; Apr. 20, 2000, No. 70, § 1; Sept. 2, 2003, No. 227, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-62/rule-62-3/
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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 X - GENERAL PROVISIONS›Rule 62 - The court›Rule 62.3 - Papers lost, how supplied
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 62 - The court › Rule 62.3 - Papers lost, how supplied
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Whenever a pleading or paper forming part of the record of an action or proceeding is lost, the court may authorize a copy thereof to be filed and used instead of the one lost.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-63/rule-63-1/
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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 X - GENERAL PROVISIONS›Rule 63 - Disqualification or recusation›Rule 63.1 - When disqualified
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 63 - Disqualification or recusation › Rule 63.1 - When disqualified
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A judge, whether on his own initiative or on motion of party, shall disqualify himself from an action or proceeding in any of the following cases:
(a) When he is interested in the outcome thereof, has personal bias against, or is partial to any of the parties or their attorneys.
(b) When he is related by blood or affinity within the fourth degree to any of the parties or their attorneys.
(c) When he has been attorney or counsel for any of the parties or their attorneys in the action pending before him, or prosecuting attorney in an investigation or criminal proceeding wherein the facts are the same as those to be submitted to him for decision.
(d) When a friendship exists between the judge and any of the parties or their attorneys, of such nature as to thwart the ends of justice.
(e) When there is any other cause that may reasonably cast doubt upon his impartiality to adjudicate or which tends to undermine the public confidence in the administration of justice.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-63/rule-63-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 63 - Disqualification or recusation›Rule 63.2 - Proceeding in case of prejudice or bias
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 63 - Disqualification or recusation › Rule 63.2 - Proceeding in case of prejudice or bias
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Every recusation must be sworn and shall state the facts on which it is grounded. Said recusation shall be filed as soon as the petitioner learns of the cause for recusation.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-63/rule-63-3/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 63 - Disqualification or recusation›Rule 63.3 - Designation of another judge
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 63 - Disqualification or recusation › Rule 63.3 - Designation of another judge
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Upon filing and service of the petition referred to in Rule 63.2, another judge shall be appointed to adjudicate it.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-64/rule-64/
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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 X - GENERAL PROVISIONS›Rule 64 - Substitution of Judge›Rule 64 - Substitution of Judge
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 64 - Substitution of Judge › Rule 64 - Substitution of Judge
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If by reason of death, illness or any other reason a judge is unable to continue taking cognizance of a matter, another judge may act in his place; but if such other judge is satisfied that he cannot perform those duties without a new trial on all or part of the facts or without rehearing a witness, he may take the measures necessary to adjudicate the action.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-65/rule-65-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 65 - Clerk’s office›Rule 65.1 - When open
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 65 - Clerk’s office › Rule 65.1 - When open
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The clerk’s office shall be open during business hours on all days except Saturdays, Sundays and legal holidays. By special administrative rule or order it may be open during such days and hours.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-65/rule-65-2/
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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 X - GENERAL PROVISIONS›Rule 65 - Clerk’s office›Rule 65.2 - Actions of the clerks
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 65 - Clerk’s office › Rule 65.2 - Actions of the clerks
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All motions and petitions filed with the clerk’s office for the issuance of writs, for entering defaults or judgment by default, and for other proceedings which do not require allowance or order of the court, are grantable by the clerk but his action may be suspended, altered or rescinded by the court upon cause shown.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-65/rule-65-3/
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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 X - GENERAL PROVISIONS›Rule 65 - Clerk’s office›Rule 65.3 - Notice of orders and judgments
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 65 - Clerk’s office › Rule 65.3 - Notice of orders and judgments
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(a) Immediately upon the entry in the record of an order or judgment, the clerk shall serve notice thereof upon all the parties who may have appeared in the action in the manner provided by Rule 67. Such mailing shall be sufficient notice for all purposes for which notice of the entry of an order or judgment is required by these rules.
(b) The clerk shall serve notice of the entry of an order or judgment on the parties in default for failure to appear by sending them, if their identity be known, a copy of the notice to the last known address, and in case their identity be unknown or appears under a fictitious name for the purposes of the prosecution of the action by publishing a copy of the notice in a newspaper of general circulation, once a week, during two consecutive weeks. The notice shall be considered served on the date of the last publication.
(c) The clerk shall set forth on the copy of the proof of service which he may attach to the original record the date and the manner in which the notice was served and the person or persons notified.
If the notice is served personally, there shall be attached to the record the marshal’s return or that of the employee of the court serving such notice, or the affidavit of the private person verifying the service.
(d) Any party may acknowledge service of notice of any order, resolution or judgment by signing the original document and by entering the date of such acknowledgment.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-65/rule-65-4/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 65 - Clerk’s office›Rule 65.4 - Papers to which seal shall be affixed
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 65 - Clerk’s office › Rule 65.4 - Papers to which seal shall be affixed
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The seal of the court shall be affixed to the following papers: to a writ, summons, subpoena or bench warrant, and to a copy of any document or paper forming part of a record or other proceeding of the court and which is certified to by the clerk or other officer.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-66/rule-66-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 66 - Books kept by the clerk›Rule 66.1 - Docket of actions and proceedings
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 66 - Books kept by the clerk › Rule 66.1 - Docket of actions and proceedings
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The clerks shall keep a book known as “Docket of Actions and Proceedings” in which they shall enter all actions and proceedings. Its form and style shall be prescribed by the Office of Court Administration. Actions and proceedings shall be assigned consecutive file numbers. The file number on each action or proceeding shall be noted on the folio of the docket whereon the first entry of the action is made. All papers filed with the clerk, all summons and orders issued and returns made thereon, all appearances and judgments shall be entered chronologically in the “Docket of Actions and Proceedings”, on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each document or judgment of the court and of the returns showing execution of process. The entry of a document or judgment shall show the date such entry is made.
The orders, resolutions and any other interlocutory proceeding shall be entered in another book known as “Docket of Interlocutory Proceedings” following the procedure set forth for the “Docket of Actions and Proceedings”.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-66/rule-66-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 66 - Books kept by the clerk›Rule 66.2 - Other books
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 66 - Books kept by the clerk › Rule 66.2 - Other books
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The clerks shall keep such other books required by law or by the Office of Court Administration.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-67/rule-67-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 67 - Service and filing of papers›Rule 67.1 - Service; when required
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.1 - Service; when required
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Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, and every written motion which cannot be heard ex parte, shall be served upon each of the parties. No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against such parties shall be served upon them in the manner provided for service of summons in Rule 4.4.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-67/rule-67-2/
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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 X - GENERAL PROVISIONS›Rule 67 - Service and filing of papers›Rule 67.2 - Service; how made
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.2 - Service; how made
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Whenever a party has appeared represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address, or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule means handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person not less than eighteen (18) years of age then residing therein. Service by mail is complete upon mailing.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-67/rule-67-3/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 67 - Service and filing of papers›Rule 67.3 - Service; numerous defendants
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.3 - Service; numerous defendants
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In any action where there is an unusually large number of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing with the office of the clerk of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-67/rule-67-4/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 67 - Service and filing of papers›Rule 67.4 - Filing
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.4 - Filing
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Except for the notice of appeal, all documents subsequent to the complaint shall be filed before the court either before service thereof or within a reasonable time thereafter; however, depositions, interrogatories, applications for admissions and answers thereto and offers of judgment shall not be filed until needed in the prosecution, or until filing thereof is ordered by the court on motion of a party or of its own initiative.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-67/rule-67-5/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 67 - Service and filing of papers›Rule 67.5 - Filing of pleadings defined
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.5 - Filing of pleadings defined
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The filing of pleadings and other papers shall be made by filing them with the clerk of the court. The judge may, nevertheless, permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-68/rule-68-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 68 - Time›Rule 68.1 - Computation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 68 - Time › Rule 68.1 - Computation
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In computing any period of time prescribed or allowed by these rules, by order of the court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the next day which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation. Half-holidays shall be considered as complete holidays.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-68/rule-68-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 68 - Time›Rule 68.2 - Enlargement or reduction of time
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 68 - Time › Rule 68.2 - Enlargement or reduction of time
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When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court, for cause shown, may at any time in its discretion:
(1) With or without motion or notice, order the period enlarged or shortened if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or
(2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend or shorten the time for taking any action under Rules 43.3, 44.1, 47, 48.2, 48.4, 49.2, 53.1, 53.2, 53.3 and 53.7, except to the extent and under the conditions stated in them.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-68/rule-68-3/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 68 - Time›Rule 68.3 - Additional time when served by mail
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 68 - Time › Rule 68.3 - Additional time when served by mail
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Whenever a party is entitled to, or is required to perform any action within a specific term after having been served a notice or other writ and the notice or writ is served by mail, three (3) days shall be added to the prescribed period, except that it shall not apply to the terms that are counted from the filing in the record of a copy of the notice of the judgment.
The terms computed from the filing in the record of a copy of the notice of a judgment, resolution or order shall begin to elapse from the mailing date of the notice of the dictum when said date is different to that of filing in the record.
History —Mar. 27, 2004, No. 84, § 2, eff. 30 days after Mar. 27, 2004.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.1 - Requirements; personal security
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.1 - Requirements; personal security
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In all cases in which a personal security is required, such security shall be accompanied by an affidavit by a surety stating that he is a resident of Puerto Rico and that he is the owner of the real property given as security, and that he owns property, exclusive of property exempt from execution, worth double the amount specified in the bond over and above all his debts and liabilities. If there are two (2) or more sureties and their respective liability is not sufficient to answer for the total amount of the bond, they shall also state that the whole amount of their total liability is equivalent to that of a sufficient surety. The affidavit shall also set forth the place of abode of the surety, and shall contain a description sufficient to identify the property owned by him and which he can give as security, an estimate of the actual value of such properties, encumbrances thereon, including their amount, whether or not such encumbrances are recorded in the Registry of Property, any other bond obligation contracted by the surety and which may be standing, and any other impediment in the free use and enjoyment of the property known by the affiant.
A personal or mortgage bond furnished by the surety is sufficient to authorize the court to order the Registry of Property to record it as an encumbrance in the manner provided by Rule 56.7
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.2 - By corporations
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.2 - By corporations
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Any corporation organized under the laws of Puerto Rico or of any state of the United States for the purpose of giving bonds or guaranteeing undertakings required by law may become and may be accepted as surety or as sole or sufficient guarantor of such undertakings. Such security shall be subject to all the liabilities and entitled to all the rights of natural persons’ bonds, provided such corporation shall have complied with all the requirements of the law which governs in Puerto Rico the organization of corporations engaged in this type of business.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-3/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.3 - In cash
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.3 - In cash
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Whenever a bond is required, the court may order and accept in lieu thereof a deposit in cash for the full amount of the bond.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-4/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.4 - Mortgage bond
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.4 - Mortgage bond
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The mortgage bond shall be executed upon real property having a value exceeding by one-third (⅓) the amount of the bond required by the court. The value of the property may be ascertained by a certificate of assessment of the property for the purpose of the payment of the property tax.
Whenever it can be shown that the property’s market value is higher than its tax value, the mortgage bond may be executed upon two-thirds (⅔) of the market value of the property over which the court shall fix the amount of the bond.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-5/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.5 - Of nonresidents
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.5 - Of nonresidents
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When the plaintiff resides outside of Puerto Rico or is a foreign corporation, a bond shall be required to secure the costs, expenses and attorney’s fees which may be awarded. All proceedings in the action shall be stayed until bond is given, which shall not be less than one thousand (1,000) dollars. The court may require an additional bond upon a showing that the original bond is not sufficient security, and stay the proceedings in the action until such additional bond is given.
After the lapse of ninety (90) days from the service of the order requiring bond or additional bond, without the bond having been given, the court shall dismiss the action.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-6/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.6 - None required; when
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.6 - None required; when
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No bond shall be required:
(a) From the Commonwealth of Puerto Rico, its officials in their official functions, public corporations or municipal corporations;
(b) from any party in a divorce, family relations, or community property suit, unless the court provides otherwise in meritorious cases;
(c) in alimony claims when the court so orders;
(d) from any indigent litigant who lives out of the country, if he/she shows that there is a probability of prevailing on the merits of the case.
History —Rules of Civil Procedure, 1979; Dec. 10, 1999, No. 339, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-7/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.7 - Acceptance
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.7 - Acceptance
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The clerks, marshals and other court officers may not accept a bond in any action or proceeding unless such bond has been approved by a judge of the part of the court before which the action or proceeding is pending.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-8/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.8 - Who may not be sureties
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.8 - Who may not be sureties
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No officer of the court or attorney may be surety in an action or proceeding.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-69/rule-69-9/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 69 - Security›Rule 69.9 - Cancellation of bond
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.9 - Cancellation of bond
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In any action where any of the remedies provided by Rule 56.1 is granted to any of the parties for which a bond has been required, if such party prevails in the action, the court in its final judgment shall order the cancellation of said bond.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-70/rule-70/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 70 - Errors in the Title or Prayer›Rule 70 - Errors in the Title or Prayer
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 70 - Errors in the Title or Prayer › Rule 70 - Errors in the Title or Prayer
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Any error in the title of the action or in the prayer for relief shall not preclude the court from granting the appropriate remedy in accordance with the pleadings and the evidence.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-71/rule-71/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 71 - Cases Not Provided for by These Rules›Rule 71 - Cases Not Provided for by These Rules
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 71 - Cases Not Provided for by These Rules › Rule 71 - Cases Not Provided for by These Rules
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Where no specific proceeding has been provided for in these rules, the court may regulate its practice in any manner not inconsistent therewith or with any applicable legal provision.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-72/rule-72/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 72 - Repealing and Saving Clause›Rule 72 - Repealing and Saving Clause
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 72 - Repealing and Saving Clause › Rule 72 - Repealing and Saving Clause
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The Rules of Civil Procedure of 1958, as amended, are hereby repealed.
Likewise, and except for the provisions stated below, the articles of the Code of Civil Procedure, 1933 ed., which remained in force by virtue of Rule 72 of the Rules of Civil Procedure of 1958, are also repealed, with the exception of:
(4) Article 277, as amended, which shall hereinafter be known as “Nuisance and Interference Act”. Articles 363 to 533, which shall be known as “Puerto Rico Law of Evidence”. Articles 534 to 637, which shall be known as “Special Legal Proceedings Act”. Articles 640 to 646 concerning proceedings for “Quo Warranto”; articles 649 to 651 and 659 to 661 establishing the writ of Mandamus; articles 664 to 667 authorizing the writ of Disqualification [Prohibition]; articles 670 to 673 concerning Certiorari; and articles 675 to 678, 686, 687 and 690 to 695 on Injunctions, which shall hereinafter be known as “Extraordinary Remedies Act”.
Except for the provisions stated below, the Law of Civil Procedure for Spain and Overseas Provinces, enacted by R.D. on February 3, 1881, and the Law of Civil Procedure for Cuba and Puerto Rico, enacted on September 25, 1885, are hereby repealed.
Likewise, and except for the provisions below, the following Acts are hereby repealed:
(5) Act of March 1st, 1902, at 178 Act of March 9, 1905, at 185 Act of March 9, 1905, at 212 Act of March 14, 1907, p. 308, Third Parties Act. Act of March 12, 1908, at 72 Act No. 70 of March 9, 1911. Act No. 10 of April 29, 1921. Act No. 47 of April 25, 1931, on Declaratory Judgments. Act No. 78 of May 10, 1937. Act No. 39 of April 20, 1942. Act No. 16 of July 31, 1946. Act No. 433 of May 14, 1951. Act No. 451 of March 14, 1952. Act No. 14 of April 5, 1952. Articles 7, 27, 28, 29, 30, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 52, 131, 182(4), 249 and 252 of the Code of Civil Procedure, 1933 ed. Section 2 of Act No. 39 of April 20, 1942. Articles 1 and 2 of Act No. 433 of May 14, 1951. Article 7 of the Act of March 9, 1905. Items (2) and (5) of Article 1616 of the Law of Civil Procedure for Cuba and Puerto Rico, which corresponds to Article 1618 of the Spanish Law of Civil Procedure of 1881.
The following provisions shall provisionally remain in force until repealed or otherwise modified by special laws:
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iii/part-x/rule-73/rule-73/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4)›Part X - GENERAL PROVISIONS›Rule 73 - Effective Date›Rule 73 - Effective Date
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 73 - Effective Date › Rule 73 - Effective Date
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These rules shall take effect sixty (60) days after adjournment of the regular session of the 1979 Legislative Assembly.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-1/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 1 - Title and general applicability
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 1 - Title and general applicability
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These rules shall be known as Rules of Evidence of Puerto Rico and they shall govern civil and criminal proceedings in all the parts of the General Court of Justice of the Commonwealth of Puerto Rico.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-2/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 2 - Construction
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 2 - Construction
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The provisions of these rules shall be liberally construed with a view to securing a just, speedy and inexpensive solution to any evidentiary problem. The ultimate purpose of these rules is the discovery of truth in all judicial proceedings.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 3 - Types of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 3 - Types of evidence
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The types of evidence are:
(a) Judicial notice;
(b) oral evidence (or testimony);
(c) documentary evidence; [and]
(d) real, scientific or demonstrative evidence.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-4/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 4 - Effect of erroneous admission of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 4 - Effect of erroneous admission of evidence
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A ruling admitting evidence shall not be set aside, nor shall a judgment or other ruling be reversed as a result of the erroneous admission of evidence unless:
(1) The evidence was erroneously admitted in spite of the timely and correct objection of the party prejudiced by the admission, and
(2) the court passing upon the effect of the erroneous admission is of the opinion that it was a decisive or substantial element of the judgment or ruling whose reversal is sought.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-5/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 5 - Effect of erroneous exclusion of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 5 - Effect of erroneous exclusion of evidence
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A ruling excluding evidence shall not be set aside, nor shall a judgment or other ruling be reversed as a result of the erroneous exclusion of evidence unless:
(1) The evidence was erroneously excluded although the character, purpose and relevancy of the same was brought to the court’s attention through an offer to produce evidence or otherwise, and
(2) the court passing upon the effect of the erroneous exclusion is of the opinion that it was a decisive or substantial element of the judgment or ruling whose reversal is sought.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-6/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 6 - Plain error
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 6 - Plain error
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Nothing in Rules 4 and 5 precludes an appellate court from taking notice of plain and harmful errors of admission or exclusion of evidence in spite of the absence of a timely objection, when the failure to correct said errors would result in a miscarriage of justice.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-7/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 7 - Limited admissibility
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 7 - Limited admissibility
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When evidence is admissible as to one party or for one purpose and inadmissible as to another party or for another purpose, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-8/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 8 - Related evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 8 - Related evidence
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When a writ, video or tape recording or part thereof is introduced as evidence by a party, the other party may require the introduction at that moment, of the rest of the writ, video or tape recording which was partially introduced, or of any other writ, video or tape recording which must be introduced at the same time, for a full understanding of the matter.
History —Amended on Aug. 12, 1995, No. 198.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-9/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 9 - Preliminary determinations on admissibility of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 9 - Preliminary determinations on admissibility of evidence
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(A) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (B) of this rule. In making its determinations, the court is not bound by the Rules of Evidence except those with respect to privileges.
(B) When the relevancy of the evidence introduced depends upon the fulfillment of a condition of fact, the court shall admit it upon the introduction of evidence sufficient to support a finding of the fulfillment of the condition; the court may also admit the evidence subject to the subsequent introduction of evidence sufficient to support a finding of the fulfillment of the condition.
(C) In cases heard before a jury, all the evidence concerning the admissibility of a confession by the defendant shall be heard and weighed by the judge out of the hearing of the jury. If the judge determines that the confession is admissible, the defendant may introduce to the jury, and the prosecution may rebut, evidence relevant to the weight or credibility of the confession and to the circumstances under which the confession was obtained. Other preliminary determinations may also be considered out of the hearing of the jury when the interests of justice so require or when the accused, as a witness, so requests.
(D) The accused does not, by testifying as to a preliminary matter, subject himself to cross-examination as to other issues in the case.
(E) This rule does not limit the right of the parties to introduce before the jury evidence relevant to the weight or credibility of the evidence admitted after the judge’s corresponding preliminary determination.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-i/rule-10/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter I - General Provisions›Rule 10 - Weight and sufficiency of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 10 - Weight and sufficiency of evidence
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The court or the trier of facts shall weigh the evidence introduced in order to determine which facts have been established or proven, subject to the following principles:
(A) The burden of proof is on the party who would be defeated if no evidence were introduced by either side.
(B) The burden of producing evidence is, first of all, upon the party holding the affirmative of the issue.
(C) To establish a fact, the degree of proof required is not that which, excluding the possibility of error, produces absolute certainty; the only requirement is moral certainty or conviction upon an unprejudiced mind.
(D) Direct evidence from a witness who deserves full credit is sufficient proof of any fact, unless otherwise provided by statute.
(E) The court or jury is not bound to decide in conformity with the declarations of any number of witnesses which do not produce conviction in their minds, against a lesser number of witnesses or against other evidence convincing to their minds.
(F) In civil cases, the trier’s decision shall be in accordance with the preponderance of evidence on the basis of probability; in criminal cases, guilt must be established beyond a reasonable doubt.
(G) When it seems that a party offers evidence that is weaker and less satisfactory than the one it could have offered, the evidence introduced should be viewed with distrust.
(H) Any fact in controversy may be established through direct, indirect or circumstantial evidence. Direct evidence is that which proves the fact in controversy without inference or presumption and which, if true, establishes the fact conclusively. Indirect or circumstantial evidence is that which tends to establish the fact in controversy by proving another one from which-together with other established facts-one could reasonably infer the fact in controversy.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-ii/rule-11/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter II - Judicial Notice›Rule 11 - Judicial notice of adjudicative facts
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter II - Judicial Notice › Rule 11 - Judicial notice of adjudicative facts
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(A) Courts may take judicial notice of facts which are not reasonably subject to dispute because:
(1) They are generally known within the territorial jurisdiction of the court, or
(2) they are capable of accurate and ready determination by resorting to sources whose accuracy cannot reasonably be questioned.
(B) Courts may take judicial notice on their own initiative and shall take judicial notice when requested by a party if it provides the court with enough information to enable it to take such notice.
(C) The party requesting the taking of judicial notice of a fact shall notify its request to the adverse party in order to give the latter an opportunity to prepare and meet the request, if it so desires. A party is entitled to an opportunity to be heard as to the propriety of taking judicial notice.
(D) Courts may take judicial notice at any stage of the proceedings, including the appellate stage.
(E) In criminal trials by jury, the judge shall instruct the jurors that they shall accept as conclusive any fact judicially noticed.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-ii/rule-12/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter II - Judicial Notice›Rule 12 - Judicial notice of questions of law
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter II - Judicial Notice › Rule 12 - Judicial notice of questions of law
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(A) Courts shall take judicial notice of the Constitution and laws of the Commonwealth of Puerto Rico and of the Constitution and laws of the United States of America.
(B) Courts may take judicial notice of the statutes and the law of the states and territories of the United States of America, as well as of the rules and regulations of the Commonwealth of Puerto Rico and of the United States of America.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iii/rule-13/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter III - Presumptions›Rule 13 - Definitions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 13 - Definitions
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(A) A presumption is a deduction of fact the law authorizes or requires to be made from another fact or group of facts previously established in the action. Said previously established fact or group of facts are called basic fact; the fact deduced by presumption is called the presumed fact.
(B) A presumption is conclusive when the law does not allow the introduction of evidence to destroy or rebut the presumption, that is, to show the nonexistence of the presumed fact. All other presumptions are rebuttable.
(C) This chapter only refers to rebuttable presumptions.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iii/rule-14/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter III - Presumptions›Rule 14 - Effect of presumptions in civil actions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 14 - Effect of presumptions in civil actions
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In a civil action, a presumption imposes on the party against whom it is directed the burden of proving the nonexistence of the presumed fact. If the party against whom the presumption is established fails to offer evidence showing the nonexistence of the presumed fact, the trier shall accept the existence of said fact. If evidence is introduced in support of a determination as to the nonexistence of said fact, the party wishing to rebut the presumption shall persuade the trier that nonexistence of the presumed fact is more likely than its existence.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iii/rule-15/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter III - Presumptions›Rule 15 - Effect of presumptions in criminal cases
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 15 - Effect of presumptions in criminal cases
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(a) In a criminal action, when a presumption affects the defendant, it has the effect of imposing upon him the burden of producing evidence to rebut the presumed fact, save statutory provisions to the contrary. If reasonable doubt arises from the evidence regarding the presumed fact, the presumptions shall be rebutted. The presumption shall not change the burden of proof as to the elements of the crime or rebut a defense asserted by the defendant.
(b) When the presumption is favorable to the defendant, it shall have the same effect as what was provided in Rule 14 of this appendix.
(c) When instructing the jury as to the effect of a presumption against the defendant, it shall be stated that:
(1) It shall suffice for the defendant to raise a reasonable doubt as to the presumed fact to rebut the presumption, and
(2) the jury is not bound to deduce the presumed fact, even when the defendant did not offer any evidence to the contrary, but the jury may be instructed that if it considers that the basic fact has been proved, it may deduce or infer the presumed fact.
History —Aug. 6, 2008, No. 160, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iii/rule-16/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter III - Presumptions›Rule 16 - Specific presumptions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 16 - Specific presumptions
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Presumptions are those established by law or by judicial decisions. The following are recognized among the rebuttable presumptions:
1. That a person is innocent of crime or wrong.
2. That an unlawful act was done with an unlawful intent.
3. That a person intends the ordinary consequence of his voluntary act.
4. That a person takes ordinary care of his own concerns.
5. That evidence wilfully suppressed would be adverse if produced.
6. That all higher evidence would be adverse to the production of other inferior evidence.
7. That money paid by one to another was due to the latter.
8. That a thing delivered by one to another belonged to the latter.
9. That an obligation delivered up to the debtor has been paid.
10. That former rent or installments have been paid when a receipt for latter is produced.
11. That things which a person possesses are owned by him.
12. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership.
13. That a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly.
14. That a person acting in a public office was regularly elected or appointed to it.
15. That official duty has been regularly performed.
16. That a court or judge acting as such, whether in Puerto Rico, a state of the Union or any other country, was acting in the lawful exercise of his jurisdiction.
17. That a judicial record, even if not conclusive, correctly determines or sets forth the rights of the parties.
18. That all matters within an issue were laid before the court or jury and passed upon by them; and in like manner, that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them.
19. That private transactions have been fair and regular.
20. That the ordinary course of business has been followed.
21. That a promissory note or bill of exchange was given or endorsed for a sufficient consideration.
22. That an endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill.
23. That a writing is truly dated.
24. That a letter duly directed and mailed was received in the regular course of the mail.
25. Identity of person from identity of name.
26. That acquiescence followed from a belief that the thing acquiesced in was conformable to right or fact.
27. That things have happened according to the ordinary course of nature and the ordinary habits of life.
28. That persons acting as copartners have entered into a contract of copartnership.
29. That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage.
30. Children born in wedlock are presumed to be the children of the husband.
31. That a thing once proved to exist continues as long as is usual with things of that nature.
32. That the law has been obeyed.
33. That a document or writing more than twenty (20) years old is genuine, when the same has been since generally acted upon as genuine by persons having an interest in the question, and its custody has been satisfactorily explained.
34. That a printed and published book, purporting to be printed or published by public authority, was so printed or published.
35. That a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published, contains correct reports of such cases.
36. That a trustee or other person whose duty was to convey real property to a particular person has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest.
37. The uninterrupted use by the public of land for a burial ground, for five (5) years, with the consent of the owner and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose.
38. That there was a good and sufficient consideration for a written contract.
39. When two persons perish in the same disaster, such as a shipwreck, a battle or a conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, survivorship is presumed from the probabilities resulting from the strength, age and sex, according to the following rule:
First: If both of those who have perished were under the age of fifteen years, the older is presumed to have survived.
Second: If both were above the age of sixty, the younger is presumed to have survived.
Third: If one is under fifteen and the other above sixty, the former is presumed to have survived.
Fourth: If both are over fifteen and under sixty, and the sexes are different, the male is presumed to have survived. If the sexes are the same, then the older.
Fifth: If one is under fifteen (15) or over sixty (60), and the other between those ages, the latter is presumed to have survived.
40. That a receipt for the purchase of goods or the payment of services is authentic and reflects the fair market value of the goods acquired from the providers or the services received from a provider.
History —Amended July 20, 1979, No. 180, p. 489, § 1; July 31, 1999, No. 202, § 1; Dec. 29, 2003, No. 331, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iii/rule-17/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter III - Presumptions›Rule 17 - Incompatible presumptions
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 17 - Incompatible presumptions
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In case two (2) incompatible presumptions arise, as when two (2) facts which are inconsistent among themselves are proved, the prevailing presumption shall be the one based on considerations of logic and public policy; if the court deems that one consideration does not outweigh the other, both presumptions shall be disregarded.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iv/rule-18/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter IV - Admissibility and Relevance›Rule 18 - General principle
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter IV - Admissibility and Relevance › Rule 18 - General principle
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(a) Relevant evidence is that which:
(1) Tends to make the existence of any fact in controversy or necessary for the adjudication of the action more probable or less probable than it would be without such evidence, or
(2) is useful to challenge or sustain the credibility of a witness or deponent.
(b) All relevant evidence is admissible, except as otherwise provided by these rules or by statute. Evidence which is not relevant is not admissible.
History —Amended on Sept. 29, 2004, No. 504, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iv/rule-19/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter IV - Admissibility and Relevance›Rule 19 - Relevant evidence excluded
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter IV - Admissibility and Relevance › Rule 19 - Relevant evidence excluded
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Relevant evidence may be excluded when its probative value is substantially outweighed by any of these factors:
(a) Danger of causing unfair prejudice
(b) probability of confusion
(c) jury is misled
(d) delay in the proceedings
(e) needless presentation of cumulative evidence.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iv/rule-20/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter IV - Admissibility and Relevance›Rule 20 - Evidence of character and habit
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter IV - Admissibility and Relevance › Rule 20 - Evidence of character and habit
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(a) Evidence of a person’s character or a trait of his/her character is not admissible for the purpose of proving that he/she acted in conformity therewith on a particular occasion, except:
(1) If the evidence is offered by the defense on the character of the accused.
(2) If the evidence is offered by the prosecution on the character of the accused to rebut the evidence of character introduced by the defense pursuant to the previous clause.
(3) If the evidence is offered by the defense on the character of the victim, pursuant to the provisions in Rule 21.
(4) If the evidence is offered by the prosecution on the character of the victim in order to rebut the evidence of character introduced by the defense under clause (3) above.
(5) If the evidence is offered by the prosecution in relation to the peaceful or calm character of the victim in a murder or homicide case to rebut evidence that the victim was the first aggressor.
(b) Evidence of specific conduct, including the commission of other offenses, civil damages or other acts is not admissible to establish the tendency to incur in this type of conduct or the purpose of inferring that the person acted in conformity therewith; however, said evidence is admissible if it is relevant for other purposes, such as to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or to establish or rebut a defense.
(c) When evidence of character is admissible pursuant to subsection (a) of this rule above, it shall be admitted only through the testimony of a character witness or by testimony in the form of an opinion about a relevant character trait, without prejudice that in the cross-examination inquiries may be made on the specific relevant conduct.
(d) When a person’s character or trait is an essential element of a charge, claim, cause [of] action or defense, character evidence may be admissible not only through testimony of a character witness or by testimony in the form of opinion, but also through relevant specific instances of this conduct.
(e) Any evidence of habit or practice is admissible to prove that the conduct in a particular occasion was in conformity with habit or practice.
(f) Nothing of what is provided in this rule shall affect the admissibility of evidence offered to uphold or impeach the credibility of a witness pursuant to Rule 45.
History —Amended on Sept. 29, 2004, No. 505, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iv/rule-21/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter IV - Admissibility and Relevance›Rule 21 - Evidence of sexual conduct or history of the victim
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter IV - Admissibility and Relevance › Rule 21 - Evidence of sexual conduct or history of the victim
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In any prosecution for rape or attempt to commit rape, evidence of the victim’s past sexual conduct or history or opinion or reputation, evidence regarding such sexual conduct or history is not admissible for the purpose of attacking her credibility or establishing her consent, unless circumstances of a special nature show that such evidence is relevant and that its probative value outweighs its defamatory or prejudicial character.
If the defendant seeks to offer under such special circumstances evidence of the victim’s sexual conduct or history, or evidence of opinion or reputation regarding such sexual conduct or history, he shall follow the following procedure:
(a) The defendant shall file before the court and the prosecuting attorney a written motion sworn by him specifying the evidence he seeks to offer and stating its relevancy in attacking the victim’s credibility or establishing her consent.
(b) If the court determines that such evidence is sufficient, it shall order a hearing in chambers out of the presence of the jury. In this hearing, the victim may be questioned on the evidence proposed by the defendant.
(c) If the court, at the conclusion of the hearing, determines that the evidence which the defendant seeks to offer is relevant, and that the probative value of such evidence outweighs its defamatory or prejudicial character, it shall make an order specifying what evidence may be offered by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iv/rule-21a/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter IV - Admissibility and Relevance›Rule 21a - Sexual harassment; evidence of reputation and opinion on the sexual conduct of the plaint...
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter IV - Admissibility and Relevance › Rule 21a - Sexual harassment; evidence of reputation and opinion on the sexual conduct of the plaintiff, inadmissibility; exception; crossexamination
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(A) In any civil action in which conduct that constitutes sexual harassment is alleged, no evidence, whether of opinion or reputation or specific facts furnished by the defendant party shall be admitted regarding the sexual conduct of the plaintiff party, to establish consent or the non-existence of damages, unless there are special circumstances that indicate that said evidence is pertinent and that its libelous or damaging nature shall not have greater weight than its probative value.
(B) The provisions of subsection (A) of this Rule shall not be applicable to evidence regarding the sexual conduct of the plaintiff party with the harasser.
(C) If the plaintiff party submits evidence regarding his/her sexual conduct, including his/her own testimony or that of any other person, the defendant party may cross-examine the witness or the party who furnishes said information and submit pertinent evidence, limited specifically to rebut the evidence submitted or introduced by the plaintiff party.
(D) Nothing that is provided in this Rule shall affect the admissibility of any evidence submitted to contest the credibility of a witness, pursuant to Rule 45 of Evidence.
The determination as to the admissibility of evidence of opinion or reputation, or specific facts regarding the sexual conduct of the plaintiff party, shall be made by any Judge other than the one who intervenes in the consideration of the merits of the claim. In the hearing on admissibility, the procedure set forth below shall be followed:
(1) The defendant shall file a written motion to the Court and shall notify the plaintiff party, indicating the evidence to be set forth and its relevance, to challenge the credibility or to establish the consent of the plaintiff party regarding the evidence set forth by the defendant.
(2) Upon the conclusion of the hearing, if the Court determines that the evidence to be submitted by the defendant is relevant, and that its libelous and damaging nature shall not have greater weight than its probative value, it shall issue an order indicating the evidence that can be allowed by the defendant, then the latter may submit evidence in accordance to the Court order.
History —Rules of Evidence, 1979, added as Rule 21-A on Jan. 10, 1998, No. 16, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-iv/rule-22/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter IV - Admissibility and Relevance›Rule 22 - Relevant evidence affected of excluded by extrinsic policies
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter IV - Admissibility and Relevance › Rule 22 - Relevant evidence affected of excluded by extrinsic policies
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(a) Subsequent remedial or preventive measures. — Evidence of remedial or preventive measures that are taken after the occurrence of an event which, if taken previously, would have tended to make the event less likely to occur shall be inadmissible to prove negligence or culpable conduct in connection with the event. This does not preclude the admissibility of such evidence for other pertinent purposes, such as to establish ownership or control of a property, or for purposes of a challenge.
(b) Settlement. — Evidence of settlement or offers to settle an offense or a statement made or conduct manifested during the course of the settlement negotiations with respect to misdemeanors that may be subject to compromise by law shall not be admissible in criminal or civil procedures.
(1) Civil action. — The following evidence shall not be admissible to prove liability or to prove that the claim or part thereof lacks validity:
(A) That a person has furnished, offered or promised to furnish money or any other thing of value in settling an action;
(B) that a person has accepted, offered or promised to accept money or any other thing of value to settle an action, or
(C) any conduct manifested or statements made during the course of the settlement negotiations.
(2) Criminal action. — In criminal action, evidence is inadmissible on settlements or offers to settle or on statements made or conduct manifested during the course of the negotiations to end a civil action, based on the same facts that are the grounds for the criminal proceeding, provided that the statements were not made for purposes of obstructing the criminal procedure.
This rule does not preclude this type of evidence from being admissible when offered for any other purpose, such as to prove prejudice or interest on part of a witness or to deny an undue delay action.
(c) Payment and offer of payment of medical expenses. — Evidence of furnishing and offering or promising to pay medical, hospital or similar expenses caused by an injury is not admissible to prove liability for the injury.
(d) Plea of guilty. — Evidence of the following shall not be admissible in a criminal, civil or administrative procedure:
(1) A plea of guilty that is subsequently withdrawn, or
(2) a plea bargaining, its terms or conditions, details and pertaining conversations, if said plea have been rejected by the court, nullified in any subsequent recourse or validly withdrawn.
This Rule does not preclude the admissibility of this type of evidence in a criminal proceeding for perjury against the person accused, based upon statements made during the bargaining under oath and assisted by legal counsel.
(e) Initial Liability Determination System. — Traffic accident liability adjudicated by using diagrams prescribed in the Initial Liability Determination System adopted under §§ 8051 et seq. of Title 26, shall not be admissible in any criminal, civil or administrative action arising from the particular facts of the accident at issue.
However, any amount paid on account of liability adjudicated as a result of the use of said diagrams in the claim arising from said traffic accident shall be admissible to the sole effect of crediting such amount to any additional amount awarded inside or outside the court system to any of the parties involved in said action. Subject to the provisions of this rule and with the exception of administrative or criminal actions brought about by filing false or fraudulent claims, the friendly car accident report filled out, signed and submitted to an insurer or authorized representative thereof by the parties involved in a traffic accident, shall not be admissible either as evidence in any civil, criminal or administrative action.
History —Rules of Evidence, 1979; Jan. 19, 1998, No. 36, § 1; Sept. 29, 2004, No. 506, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-23/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 23 - Privileges of defendant
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 23 - Privileges of defendant
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In the measure recognized in the Constitution of the United States or in the Constitution of the Commonwealth of Puerto Rico, a defendant accused in a criminal case has the right not to be called as a witness and not to testify, and no inference shall be drawn against him/her for the exercise of such right.
History —Sept. 23, 2004, No. 453, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-24/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 24 - Self-incrimination
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 24 - Self-incrimination
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Insofar as it is so acknowledged in the Constitution of the United States or the Constitution of the Commonwealth of Puerto Rico, all persons have the privilege to refuse to disclose any matter that may tend to incriminate him/her.
History —Sept. 23, 2004, No. 454, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-25/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 25 - Attorney-client relationship
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 25 - Attorney-client relationship
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(A) As used in this rule, the following terms shall have the meaning indicated below:
(1) Attorney. — A person authorized or reasonably believed by the client to be authorized to practice law. This includes such person and his partners, aids and office employees.
(2) Client. — A natural or artificial person who, directly or through an authorized representative, consults an attorney for the purpose of retaining the attorney or securing legal service or advice from him in his professional capacity. This includes an incompetent who himself so consults the attorney or whose guardian so consults the attorney in behalf of the incompetent.
(3) Confidential communication. — Information transmitted between a client and his attorney in the course of that relationship and in confidence by a means which discloses the information to no third persons other than those to whom disclosure is necessary for the accomplishment of the purposes for which it is transmitted.
(B) Subject to the provisions of this rule, the client, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and attorney. The privilege may be claimed not only by the holder of the privilege, that is, the client, but also by a person who is authorized to do so in behalf of the client or by the attorney who received the confidential communication if the privilege is claimed in the interest and behalf of the client.
(C) There is no privilege under this rule if:
(1) The services of the attorney were sought or obtained to enable or aid anyone to commit or plan to commit a crime, a tortious act or a fraud.
(2) The communication is relevant to an issue between the heirs of a deceased client, regardless of whether the claims are by testate or intestate succession or by inter vivos transaction.
(3) The communication is relevant to an issue or breach by the attorney of a duty arising out of the attorney-client relationship.
(4) The communication is relevant to an issue of a document drawn by the attorney in his capacity as notary public.
(5) The communication is relevant to a matter of common interest between two (2) or more clients of an attorney, in which event none of them may claim a privilege under this rule against another of such clients.
(D) Where two (2) or more clients retained or consulted an attorney on a matter of common interest, none of them may waive the attorney-client privilege without the other clients’ consent.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-25a/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 25A - Certified public accountant and client relationship
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 25A - Certified public accountant and client relationship
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(A) As used in this rule the following expressions shall have the meaning indicated below:
(1) Client. — A natural or juridical person who consults a certified public accountant with the purpose of contracting him/her or obtaining his/her professional services.
(2) Confidential Communication. — That communication that takes place between a certified public accountant and his/her client including his/her associates, assistants and office-employees with regard to a professional matter, carried out during the practice of the accounting profession based on the trust that it will not be disclosed to third persons, except those needed to execute the purposes of the communication.
(3) Certified Public Accountant. — Every individual who holds a license to engage in the practice of public accountancy in Puerto Rico, issued by the Board of Accountancy as it is defined in the Public Accountancy Act, §§ 771 et seq. of Title 20.
(B) Subject to the provisions of this rule, the client, whether he/she is part of a suit or action or not, has the privilege of refusing, revealing and preventing another from revealing a confidential communication between him/her and his/her certified public accountant. The privilege may only be invoked by the client, who is the person possessing the privilege.
(C) The privilege under this rule does not exist if:
(1) The services of the certified public accountant were requested and obtained to allow or assist any person in the commission, or planning the commission of a crime, a unlawful act or fraud.
(2) The communication is pertinent to a controversy related to a violation by the certified public accountant, of a duty that arises from the certified public accountant and client relationship.
(3) The communication is pertinent to a matter of common interest for two or more clients of the certified public accountant, in which case one client cannot invoke the privilege against the other two.
(4) The contents of the communication are required in the course of a civil or criminal procedure under the “Weapons Act”, §§ 411 et seq. of Title 25; the Controlled Substances Act, §§ 2101 et seq. of Title 24; the “Explosives Act”, §§ 561 et seq. of Title 25; the “Act Against Organized Crime”, §§ 971 et seq. of Title 25; and the provisions of the Penal Code, §§ 3001 et seq. of Title 33; as well as the special acts on these matters.
(5) The communication between the certified public accountant and his/her client is subject to the norms that regulate the accountancy profession requiring their disclosure.
(6) The communication between the certified public accountant and his/her client can be disclosed by legal mandate or by a pressing public interest.
(D) When two or more persons join as clients of the same certified public accountant with regard to a matter of common interest between them, none of them may waive the privilege without the consent of the others.
History —Added on Nov. 11, 1994, No. 124, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-26/
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 26 - Physician-patient relationship
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 26 - Physician-patient relationship
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(A) As used in this rule, the following terms shall have the meaning indicated below:
(1) Physician. — A person authorized or reasonably believed by the patient to be authorized to practice medicine in the place wherein the consultation or medical examination is performed. This includes the psychotherapist, whether a psychiatrist or a psychologist.
(2) Patient. — A person who consults a physician or submits to an examination by a physician for the sole purpose of securing medical treatment or a diagnosis prior to such treatment.
(3) Confidential communication. — Information transmitted between physician and patient in the course of that relationship and in confidence by a means which discloses the information to no third persons other than those to whom disclosure is necessary for the accomplishment of the purpose for which it is transmitted.
(B) Subject to the provisions of this rule, the patient, whether or not a party to the action, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and physician, if patient or physician reasonably believed such communication to be necessary to enable the physician to make a diagnosis or aid him in making a diagnosis of the patient’s condition, or in giving a prescription or treatment therefor. The privilege may be claimed not only by the holder of the privilege, that is, the patient, but also by a person who is authorized to do so on the patient’s behalf or by the physician who received the confidential communication, if the privilege is claimed in the interest and behalf of the patient.
(C) There is no privilege under this rule if:
(1) The communication is relevant to an issue concerning the patient’s condition, whether it be in a proceeding to commit the patient or otherwise place him under the control of another because of his alleged mental incompetence, or in an action in which the patient seeks to establish his competence, or in an action for damages involving conduct of the patient which constitutes a crime.
(2) The services of the physician were sought or obtained to enable or aid someone to commit or plan to commit a crime or a tortious act.
(3) Disclosure is requested in a criminal proceeding.
(4) The proceeding is a civil action to recover damages on account of conduct of the patient and good cause is shown to disclose the communication.
(5) The proceeding involves an issue concerning the validity of a will allegedly executed by the patient.
(6) The communication is relevant to an issue between parties, all of whom claim through a deceased patient, regardless of whether the claims are by testate or by intestate succession.
(7) The communication is relevant to an issue of breach of a duty arising out of the physician-patient relationship.
(8) The patient’s condition is an element of his claim or defense, or of the claim or defense of any person claiming through or under the patient as a beneficiary of the patient through a contract to which the latter is or was a party.
(9) The holder of the privilege had the physician or his agent or employee testify in an action as to information acquired by such physician, agent or employee through confidential communication.
(10) The communication is relevant to an issue concerning a physical examination of a patient which was made by order of the court, regardless of whether the patient is a party to the action or a witness therein.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-26a/
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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 IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 26A - Crime victim relationship
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 26A - Crime victim relationship
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(A) As used in this rule, the following terms shall have the meaning indicated below:
(1) Confidential communication. — Any information transmitted between the crime victim and his/her counselor, be it in private or before a third person whose presence is necessary to establish communication between the victim and the counselor, or to facilitate the counseling services needed by the victim when such information is disclosed during the course of the treatment that the counselor gives to deal with the victim’s emotional or psychological condition produced by the commission of a crime and that is made in the confidence that the same will not be disclosed to third persons.
(2) Victim. — A person that has suffered emotional or psychological damage as a consequence of the commission of a crime and who resorts to a counselor or to a counseling and help center to obtain assistance or treatment.
(3) Counseling. — The assistance, diagnosis or treatment offered to the victim to mitigate the adverse emotional or psychological effects caused by the commission of a crime. It includes, but is not limited to, treatment during the emotional or mental crisis period.
(4) Help and counseling center. — Any person or private or government entity that has, as one of its main purposes, to offer treatment and help to crime victims.
(5) Counselor. — Any person duly authorized, certified or licensed by the Commonwealth of Puerto Rico to carry out the functions of a counselor, orientator, consultant, therapist or any employee or supervised volunteer of a help and counseling center that offers treatment and help to crime victims.
(B) Subject to the provisions of this rule, any victim of a crime, whether or not a party to the action, has the privilege to refuse to disclose or to prevent another from disclosing a confidential communication between the victim and the counselor, if any one of them reasonably believed such communication to be necessary for the treatment and help required. The privilege may be claimed not only by the holder thereof, but also by a person authorized by the victim, a legal counsel or by the counselor who received the communication.
(C) Subject to the provisions of this rule, neither the counselor nor the victim, whether or not a party to the action, may be required to give the name, address, location or telephone number of a help center, shelter or another facility that gives temporary shelter to crime victims, unless the facility in question is a party to the action.
(D) The fact that a victim testifies in court regarding the crime does not constitute waiver of the privilege.
(1) Notwithstanding the above-stated, if, as part of such testimony, the victim reveals part of the confidential communication, it shall be understood as a waiver of the privilege with respect to that part of the testimony only.
(2) Any waiver of the privilege shall only be extended to that part which is necessary to answer the questions made by the attorney concerning the confidential communication and that are relevant to the facts and circumstances of the case.
(E) The victim cannot waive the privilege through his legal counsel. Notwithstanding the above-stated, if the victim files action for professional malpractice against the counselor or against the help and counseling center in which the counselor is employed or serves as a supervised volunteer, said counselor may testify without being subject to the privilege and will not be held liable for said testimony.
History —Added on June 19, 1987, No. 30, p. 100.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-27/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 27 - Privileges of spouses
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 27 - Privileges of spouses
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(A) As used in this rule, the following terms shall have the meaning indicated below:
(1) Spouses. — A man and a woman legally married to each other.
(2) Confidential communication between spouses. — Information transmitted in private, without the intention of communicating it to third persons, and in the belief that such information would not be disclosed.
(B) A married person cannot be compelled to testify for or against his spouse.
(C) Subject to the provisions of this rule, a spouse, whether or not a party to the action, has a privilege during the marital relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication made in confidence between him and the other spouse while they were husband and wife. The other spouse or the guardian of an incompetent spouse may claim the privilege.
(D) There is no privilege under this rule if:
(1) Disclosure is requested in a civil proceeding brought by one spouse against the other.
(2) Disclosure is requested in a criminal proceeding in which one spouse is charged with:
(i) A crime against the person or property of the other spouse or of a child of either.
(ii) A crime against the person or property of a third person committed in the course of committing a crime against the person or property of the other spouse.
(iii) Bigamy or adultery.
(iv) Abandonment of child or nonperformance of duty to support a child of either spouse.
(3) Disclosure is requested in a proceeding under the Juvenile Court Law or in an action for child custody.
(4) Disclosure is requested in a criminal proceeding in which the communication is offered in evidence by a defendant who is one of the spouses between whom the communication was made.
(5) Disclosure is requested in a proceeding brought by or on behalf of either spouse to establish his competence.
(6) Disclosure is requested in a proceeding to commit either spouse or otherwise place him or his property, or both, under the control of another because of his alleged mental or physical condition.
(7) The communication was made, in whole or in part, to enable or aid anyone to commit or plan to commit a crime, a tortious act or a fraud.
(E) No privilege may be claimed under this rule when one spouse, with consent of the other, disclosed or permitted disclosure of any part of a confidential communication.
History —Amended July 20, 1979, No. 180, p. 489, §§ 1, 2, eff. Oct. 1, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-28/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 28 - Clergyman-penitent relationship
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 28 - Clergyman-penitent relationship
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(A) As used in this rule, the following terms shall have the meaning indicated below:
(1) Clergyman. — Priest, minister, religious practitioner or similar functionary of a church or of a religious cult or denomination or religious organization.
(2) Penitent. — A person who has made a penitential communication to a clergyman.
(3) Penitential communication. — A communication made in confidence, in the presence of no third person, to a clergyman who, in the course of the discipline or practice of his church or organization, is authorized or accustomed to hear such communications and, under the discipline of his church, has a duty to keep such communications secret.
(B) A clergyman or a penitent, whether or not a party to the action, has a privilege to refuse to disclose and to prevent another from disclosing a penitential communication.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-29/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 29 - Political vote
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 29 - Political vote
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A person has a privilege to refuse to disclose the tenor of his vote at a public election unless it be established that he voted illegally.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-30/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 30 - Trade secret
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 30 - Trade secret
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The owner of a trade secret has the privilege to refuse to disclose the secret, which may be invoked by his agent, or employee or by himself and to prevent another from disclosing it, if the allowance of the privilege will not tend to conceal fraud or otherwise cause an injustice. If disclosure thereof were ordered, the judge shall take the necessary measures to protect the interests of the owner of the trade secret, of the parties involved and of justice.
History —Sept. 23, 2004, No. 451, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-31/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 31 - Privilege for official information
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 31 - Privilege for official information
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(A) As used in this rule, “official information” means information acquired in confidence by a public officer or employee in the course of his duty and not open or officially disclosed to the public prior to the time the claim of privilege is made.
(B) A witness has a privilege to refuse to disclose any matter which constitutes official information, and evidence of such matter is not admissible if the court determines that said matter is official information and disclosure of it is forbidden by law, or that disclosure of such information in the proceeding would be prejudicial to the interest of the government which the witness represents.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-32/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 32 - Privilege for identity of informer
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 32 - Privilege for identity of informer
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A public entity has a privilege to refuse to disclose the identity of a person who has furnished information purporting to disclose a violation of a law of the Commonwealth of Puerto Rico or of the United States of America if the information is furnished in confidence by the informer to a law enforcement officer, a representative of the administrative agency charged with the administration or enforcement of the law alleged to be violated, or any person for the purpose of transmitting it to such officer or representative. Evidence of informer’s identity is not admissible unless the court determines that it has already been disclosed in any other way, or that information on his identity is essential for the administration of even-handed justice, particularly where such information is essential to the defense of the accused.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-33/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 33 - Waiver of privilege
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 33 - Waiver of privilege
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A person who would otherwise have a privilege to refuse to disclose or prevent another from disclosing any specific matter waives his right to claim such privilege if the court finds that such person, or any other person who was the holder of the privilege, is bound by word given to another not to claim the privilege, or that, without coercion and having full knowledge of the privilege, said person disclosed or permitted disclosure by another of any part of the privileged matter. This rule is not applicable to privileges under Rules 23 and 24.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-34/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 34 - Implied waiver
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 34 - Implied waiver
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Regardless of the provisions of Rule 33, the judge presiding at the trial may admit a communication otherwise privileged if he finds that the conduct of the holder of the privilege constitutes a waiver of such privilege.
History —Amended July 20, 1979, No. 180, p. 489, § 1, eff. Oct. 1, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-v/rule-35/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter V - Privileges›Rule 35 - Strict construction
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter V - Privileges › Rule 35 - Strict construction
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Rules 25 to 32 shall be strictly construed as regards the determination of the existence of a privilege.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-36/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 36 - Competency
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 36 - Competency
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Every person is competent to be a witness, except as otherwise provided by these rules or by statute.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-37/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 37 - Disqualification of witness
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 37 - Disqualification of witness
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A person is disqualified to be a witness if the court finds that the person is not capable of expressing himself[/herself] concerning the matter on which he/she would give testimony in such a way as to be understood, either directly or through interpretation, or is incapable of understanding the obligation of a witness to tell the truth.
History —Amended on June 7, 1988, No. 42, p. 160, § 1; Sept. 29, 2004, No. 500, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-38/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 38 - Personal knowledge of witness
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 38 - Personal knowledge of witness
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Except as provided in these rules with respect to the opinion of expert witnesses, a witness may not testify to a matter unless he has personal knowledge thereof. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter. A witness’ personal knowledge of a matter may be shown by any otherwise admissible evidence, including his own testimony.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-39/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 39 - Oath
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 39 - Oath
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Before testifying, every witness shall be required to state his/her purpose to testify the truth by oath or in any other manner, including affirmation, which, in the court’s opinion, binds the witness to testify truthfully or otherwise be subject to be punished for perjury.
History —Amended on June 7, 1988, No. 42, p. 160, § 2; Sept. 29, 2004, No. 501, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-40/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 40 - Confrontation
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 40 - Confrontation
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A witness may testify only in the presence and subject to the examination of all the parties to the action, if they choose to attend and examine the witness.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-41/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 41 - Judge as witness
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 41 - Judge as witness
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The judge presiding at the trial may not testify in that trial as a witness.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-42/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 42 - Juror as witness
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 42 - Juror as witness
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(A) Jury. — Means the whole body of persons and “juror” is a member of that body.
(B) A juror sworn and impaneled in the trial of an action may not be called to testify in that trial as a witness. If he is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.
(C) Upon an inquiry into the validity of a verdict, a juror may not testify as to any matter occurring during the course of the jury’s deliberations, or to his reasons for assenting to or dissenting from the verdict, or concerning his mental processes in connection therewith. However, a juror may testify on the question whether extraneous or improper information was brought to the jury’s attention.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-43/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 43 - Mode and order of interrogation and presentation of evidence
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 43 - Mode and order of interrogation and presentation of evidence
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(A) Definitions. —
(1) Direct examination. — The first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.
(2) Cross-examination. — The examination of a witness by a party other than the direct examiner.
(3) Redirect examination. — An examination of a witness by the direct examiner subsequent to the cross-examination of the witness.
(4) Recross-examination. — An examination of a witness by a cross-examiner subsequent to a redirect examination of the witness.
(5) Leading question: — A question which suggests to the witness the answer desired by the examining party.
(6) Responsive answer. — A witness’s direct and concrete answer to a question.
(B) As a general rule, the examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, and recross-examination.
(C) The judge presiding at a trial or hearing shall have control and ample discretion over the mode of presenting evidence and interrogating the witnesses so as to:
(1) Make the presentation of evidence as effective as possible for the ascertainment of truth assuring the speediness of the proceedings and avoiding needless delays, and
(2) protect the witnesses from harassment, undue hardships, and humiliation.
(D) The judge may, on his/her own motion or at the request of a party call witnesses, allowing all parties to cross-examine a witness thus called. The judge may also interrogate a witness, whether called by him/herself or by a party, at any time. The examination by the judge shall be directed toward clarifying any doubts he/she may have or clarifying the record. At all times, the judge shall avoid turning into the attorney of one of the parties.
(E) At the request of a party, the judge shall exclude the witnesses that shall testify from the courtroom in order to prevent them from hearing the testimony of the others. The judge may order this exclusion on his/her own initiative. However, this rule does not authorize the exclusion of the following witnesses:
(1) A party who is a natural person, or
(2) a person whose presence is indispensable for the presentation of the evidence of a party, and it is previously shown to the court, or
(3) an official, officer or employee of a party who is not a natural person and who has been designated by the attorney of said party as his/her representative; in criminal proceedings, the court shall require that the representative of the People designated by the Office of the Prosecutor testifies prior to remaining in the courtroom if the prosecutor intends to use him/her as a witness. In no case shall the representation of the People fall on more than one person, who shall not be substituted without the authorization of the court.
(F) Cross-examination should be limited to the subject matter of the direct examination and to matters affecting the credibility of the witnesses. However, the court may, in the exercise of its discretion, permit inquiry into additional matters as if on direct examination.
(G) A witness must give responsive answers to the questions made, and answers that are not responsive shall be stricken on motion of any of the parties.
(H) A leading question may not be asked to a witness on direct or redirect examination, except where the interests of justice otherwise require. Leading questions may be asked on cross-examination or recross-examination. Leading questions shall also be permitted when a party calls a hostile witness, an adverse party, a witness identified with an adverse party, a person who, due to his age, poor education or other condition, is mentally deficient and has difficulty in expressing him/herself or a person who, because of embarrassment, is not willing to speak freely.
History —Amended on Dec. 13, 1990, No. 33, p. 129; Sept. 29, 2004, No. 502, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-44/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 44 - Credibility and impeachment of witnesses
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 44 - Credibility and impeachment of witnesses
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(A) Who may impeach. — The credibility of a witness may be attacked by any party, including the party calling the witness.
(B) Ways of impeaching. — The credibility of a witness may be attacked or supported through any pertinent evidence, including the following aspects:
(1) Demeanor while testifying and the manner in which he/she testifies.
(2) The nature or character of his/her testimony.
(3) The extent of his/her capacity to perceive, recollect or communicate any matter about which he testifies.
(4) The existence or nonexistence of bias, interest or any other motive for partiality of the witness, subject to the provisions in Rule 47(C).
(5) A statement previously made by him/her, subject to the provisions in Rule 47(A) and (B).
(6) The character or demeanor of the witness with respect to his/her truthfulness or untruthfulness, subject to the provisions in Rules 45 and 46.
(7) The existence or nonexistence of a fact testified by the witness, subject to the provisions in Rule 19.
(C) Impeachment and self-incrimination. — A witness does not waive his privilege against self-incrimination when examined upon a matter which only affects credibility.
History —Sept. 23, 2004, No. 450, § 1.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-45/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 45 - Impeachment for specific character or conduct
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 45 - Impeachment for specific character or conduct
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(A) The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations:
(1) The evidence may refer only to character for truthfulness or untruthfulness.
(2) Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.
(B) When attacking or supporting the credibility of a witness, only evidence as to specific conduct shall be admitted whenever it refers directly to the truthfulness or untruthfulness of the witness whose credibility is under consideration. The court may reject this kind of evidence whenever it determines that its probative value as to credibility has been overcome by other considerations, specially when challenging the truthfulness of a defendant in a criminal case. Nothing in this paragraph affects the admissibility of evidence of conviction of crime covered by Rule 46.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-46/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 46 - Conviction of crime
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 46 - Conviction of crime
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(A) Subject to the provisions of paragraph (B) of this rule, for the purpose of attacking the credibility of a witness evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record, but only if the crime, regardless of its classification, involves dishonesty or false statement.
(B) Evidence of prior convictions brought to attack the credibility of a witness is inadmissible unless the judge determines, in the absence of the jury, that its probative value, considering all the facts and circumstances of the case, substantially outweighs its prejudicial effect.
(C) For the purpose of attacking the credibility of a witness, evidence of prior convictions shall be inadmissible if said conviction is remote. A conviction may be considered remote if, at the time of trial, a period of more than ten (10) years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date.
(D) Evidence of a conviction is not admissible under this rule if the conviction has been the subject of a pardon, annulment or its equivalent, based on a finding of innocence or rehabilitation.
(E) Evidence of juvenile adjudication is generally inadmissible for the purpose of attacking the credibility of a witness. But in a criminal case the court in its discretion may admit evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult, and the court considers the admission necessary for a fair determination of the guilt of the accused.
(F) The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.
History —Amended July 20, 1979, No. 180, p. 489, § 1, eff. Oct. 1, 1979.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-47/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 47 - Prior statements
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 47 - Prior statements
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(a) In examining a witness for the purpose of attacking his credibility through a statement made by him in writing, no part of such writing need be shown or read to him, but the judge may, upon request, ask that the witness be shown the date and place of the writing, and the person to whom it was addressed. Upon request, the judge shall order that the writing be shown to the opposing counsel for inspection.
(b) Unless the interests of justice require otherwise, extrinsic evidence of a statement made by a witness which is inconsistent with any part of his testimony during the trial or hearing is not admissible unless the witness is afforded an opportunity to explain or deny said statement. This provision does not apply to “admissions” as defined in Rule 62.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-48/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 48 - Religious beliefs
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 48 - Religious beliefs
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Evidence of his religious beliefs or lack thereof is inadmissible to attack or support the credibility of a witness.
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https://law.justia.com/codes/puerto-rico/title-thirty-two-appendix/appendix-iv/chapter-vi/rule-49/
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PR
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Justia›US Law›US Codes and Statutes›Laws of Puerto Rico›2023 Laws of Puerto Rico›TITLE THIRTY-TWO Appendix (§§ 1 — 39.4)›Appendix IV - Rules of Evidence for the General Court of Justice, 1979›Chapter VI - Witnesses›Rule 49 - Writings used to refresh memory
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2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter VI - Witnesses › Rule 49 - Writings used to refresh memory
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(A) Subject to subsection (C) of this rule, if a witness, either while testifying or prior thereto, uses a writing to refresh his memory with respect to any matter about which he testifies, such writing must be produced at the hearing at the request of an adverse party, and unless the writing is so produced, the testimony of the witness concerning such matter shall be stricken.
(B) If the writing is produced at the hearing, the adverse party may, if he chooses, inspect the writing, cross-examine the witness concerning it and introduce in evidence such portion of said writing that may relate to the testimony of the witness.
(C) Production of the writing is excused at the trial, and the testimony of the witness shall not be stricken, if the writing:
(1) Is not in the possession or control of the witness or the party who offered the testimony concerning the matter; and
(2) Said writing was not reasonably procurable by such party through the use of process or orders for the presentation of documentary evidence or through any other available means.
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