reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.1 - Appointment and compensation

The court in which any action or proceeding is pending may appoint a special master therein. As used in these rules, the word “master” includes a referee, an auditor and an examiner. The compensation to be allowed to a master shall be fixed by the court, and shall be charged upon such of the parties as the court may order, or paid out of any fund or property involved in the action, which is in the custody and control of the court, as the court may direct. The master shall not retain his report as security for his compensation, but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against such a party. Also, if a party without just cause refuses to comply with the order to pay the master’s compensation, the court may impose penalties in accordance with Rule 34.2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.2 - Reference

The Supreme Court may refer a matter to a master in any case or proceeding.
A reference to a master in the Court of First Instance shall be the exception and not the rule. No case shall be referred to a master, save in actions involving matters of accounts and of difficult computation of damages or cases involving highly technical matters or matters requiring expertise.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.3 - Powers

The order of reference to the master may specify or limit his powers and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only and may fix a reasonable time for the filing of the master’s report. Subject to the specifications and limitations stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before him and to do all acts and take measures necessary or proper for the efficient performance of his duties under the order. He may require the production before him of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents and writings applicable thereto. He may rule upon the admissibility of evidence unless otherwise directed by the order of reference, and shall have the authority to put witnesses on oath and may himself examine them and may call the parties to the action and examine them upon oath. When a party so requests, the master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in the Rules of Evidence.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.4 - Proceedings

(a) Meetings. — When a reference is made, the clerk shall forthwith furnish the master with a copy of the order of reference. Upon receipt thereof, unless the order of reference otherwise provides, the master shall forthwith notify the parties or their attorneys of the time and place of the first meeting to be held within twenty (20) days after the date of the order of the court. It shall be the duty of the master to proceed with all reasonable diligence. Any party, on notice to the other parties and master, may apply to the court for an order requiring the master to expedite the proceedings and to submit his report. If a party fails to appear at the time and place appointed, the master may proceed ex parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
(b) Witnesses. — The parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas as provided in Rule 40. If a witness fails to appear or give evidence, without adequate excuse, he may be punished for contempt and be subjected to the consequences, penalties and remedies provided in Rules 34 and 40.
(c) Statement of accounts. — When matters of accounts are in issue before the master, he may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a public accountant or a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the master may require a different form of statement to be furnished, or the account or specific items thereof to be proved by oral examination or upon written interrogatories or in such other manner as he directs.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.5 - Report

(a) Contents and filing. — The master shall prepare a report upon all matters submitted to him by the order of the court and, if required to make findings of fact and conclusions of law, he shall set them forth in the report, which he shall file with the clerk of the court on the date specified in the order of reference pursuant to Rule 41.3; and, unless otherwise directed, he shall file with it a statement of the proceedings, a summary of the evidence and the original exhibits. The clerk shall forthwith serve notice of the filing upon all parties.
(b) Approval. — In all cases the court shall accept the findings of fact of the master, unless clearly erroneous. Within ten (10) days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties. Application to the court for action upon the report and upon the objections thereto shall be made by motion and upon notice, as prescribed in Rule 67. After hearing the parties the court may adopt, modify or reject the report in whole or in part, or receive further evidence, or return it with instructions.
(c) Stipulations as to findings of fact. — The effect of a master’s report is the same whether or not the parties have consented to the reference; but, when the parties stipulate that a master’s findings of fact shall be final, only questions of law arising from the report shall thereafter be considered.
(d) Draft report. — Before filing his report, a master may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 41 - Masters › Rule 41.6 - Panel for medical or hospital malpractice cases

In any civil action arising from a claim for damages for negligence or carelessness due to medical or hospital malpractice involving a surgeon, health professional and/or health care organization related to a highly technical or specialized subject, the judge of the Court of First Instance shall appoint a panel composed of a judge appointed by the Administrative Judge, who shall not be the one to finally adjudicate the controversy, or at his discretion, may appoint one (1) attorney that would substitute him and preside [over] the panel, and two (2) duly licensed physicians, one recommended by the plaintiff and the other by the defendant. The panel shall render a report to the court with its findings on the technical aspects of the claim presented, strictly limited to examining the medical and hospital issues presented to determine if, from their expert point of view, there exists prima facie malpractice.
The judge shall appoint the panel after having received a special report from the plaintiff within sixty (60) days after the date the complaint was filed, and from the defendant, within sixty (60) days after the date the complaint was served. The judge shall issue pertinent orders so that the parties may have access to all the necessary documentation in order to present said reports and may modify the terms provided herein in order to effectively deliver said documents. The judge shall have the discretion to retain and act upon the cases that in his judgment should not be handled by the panel for considering that the controversy is not highly specialized or understanding that designating a panel would not contribute to an expedite[d] proceeding of the case. In addition, the panel shall be discharged in any case in which one of the parties certifies to the judge that, it is financially unable to assume the costs of the panel, unless one of the parties in the case accepts to assume the costs of the case.
Once the parties have received the report, any one of them may question the same and the judge shall have discretion to reject or accept its conclusions.
History —Dec. 19, 2002, No. 283, § 1, eff. 60 days after Dec. 19, 2002.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 42 - Ex parte and ad perpetuam rei memoriam proceedings › Rule 42.1 - In general

The court, provided that it has jurisdiction over the matter, is empowered to entertain ex parte proceedings, which are those proceedings in which the intervention of the judge is requested or is necessary and there is no actual litigation, or no issue is raised between known and specific parties.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 42 - Ex parte and ad perpetuam rei memoriam proceedings › Rule 42.2 - Ad perpetuam rei memoriam proceedings

An ex parte proceeding may be brought before a court for the purpose of establishing and perpetuating a fact, provided said fact is not at that time an issue in any legal action and is not injurious to a certain and determinate person.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.1 - Judgment; what it includes

As used in these rules, the term “judgment” includes any determination of the Court of First Instance that finally resolves the matter under litigation which may be appealed.
The term “judgment” when issued by a court of appeals, refers to the official decision of that court concerning the appeal brought before it or concerning the discretionary remedy through which the court of appeals has issued the requested ruling. The final determination of the Court of Appeals when the latter, at its discretion, denies the requested ruling, is denominated as a “decision”. The final determination of the court of appeals when the latter dismisses for any reason, or files an abandonment of appeal shall be known as “judgment”.
History —Amended on Dec. 25, 1995, No. 249, § 11; Aug. 12, 1997, No. 74, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.2 - Recital of facts found and conclusions of law

In all actions the court shall specify the facts found and state separately its conclusions of law thereon and direct the entry of the appropriate judgment; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds of its decision. Findings of fact based on oral evidence shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to pass upon the credibility of the witnesses. The findings of a master, to the extent that the court adopts them, shall be considered as the court’s findings of fact.
Findings of fact and conclusions of law need not be specified:
(a) On decisions on motions under Rule 10 or 36, or any other motion except as provided by Rule 39.2;
(b) in default cases;
(c) by stipulation of the parties;
(d) when the court so decides in view of the nature of the cause of action or of the remedy granted by the judgment.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.3 - Amendments or initial or additional determinations

It shall not be necessary to request that findings of facts be consigned for the purposes of an appeal, but upon the motion of a part[y], filed not later than ten (10) days after a copy of the notice of the judgment is filed in the record of the case, the court make take the corresponding initial findings of facts or conclusions of law, if they were not made because they were not necessary, pursuant to Rule 43.2, or may amend or make additional determinations, and may amend the judgment accordingly. The motion may be joined with a motion to reconsider or for a new trial, pursuant to Rules 47 and 48, respectively. In any case, the sufficiency of the evidence to support the findings may be raised subsequently, even though the party raising the issue has not objected to them in the lower court, or has not filed a motion to amend them, or has not filed for a judgment.
The motion for additional findings of facts shall be notified to the other parties in the case within the same ten (10) days established by this rule to file it in court. The term to notify shall be of strict compliance.
History —Amended on Dec. 25, 1995, No. 249, § 12; Nov. 16, 2002, No. 267, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.4 - Interruption of term to request post-trial remedies

When any of the parties moves the court to amend its findings or to make initial or additional findings, the terms provided by Rules 47, 48 and 53 shall be interrupted for all the parties. Said terms shall start running again as soon as copy of the notice of the findings and conclusions requested are entered in the record.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.5 - Judgments on claims or multiple parties

When a suit comprises more than one claim, whether by suit, reconvention, suit against a co-party or suit against third parties or in which multiple parties appear, the court may issue a final judgment with regard to one or more claims, or parties without disposing of the total suit, provided that it expressly concludes that there is no reason to postpone the pronouncing of judgment on such claims or parties, until the final decision of the suit and provided that it is expressly directed for total judgment of record to be entered.
When said conclusion and express order is reached, the partial judgment issued shall be final for all purposes with regard to the controversy adjudicated thereby, and once it is registered and a copy of its notice is filed in the case it shall be effective with regard to the terms provided in Rules 47, 48 and 53.
Lacking said conclusion and express order, any order or any other type of decision, regardless of how it is denominated, which adjudicates less than the total number of claims, or the rights and obligations of less than the total of the parties, the suit shall not terminate with regard to any of the claims or parties, and the order or other type of decision shall be subject to reconsideration by the issuing court at any time prior to entering the judgment of record, adjudicating all the claims, and the rights and obligations of the parties.
History —Amended on Dec. 10, 1999, No. 338, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 43 - Judgment › Rule 43.6 - Granting of relief

Every judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleading; however, a judgment by default shall not be different in kind nor exceed the amount prayed for in the demand for judgment.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 44 - Costs; attorney’s fees; legal interest › Rule 44.1 - Costs and attorney’s fees

(a) To whom awarded. — Costs shall be allowed to the prevailing party, except when otherwise directed by law or by these rules. The costs which may be allowed by the court are those expenses necessarily incurred in prosecuting an action or proceeding which, according to law or to the discretion of the court, one of the parties should reimburse to the other.
(b) Within the term of ten (10) days after a copy of the service of the judgment is filed in the record of the case, the party claiming costs shall file with the court and serve upon the adversary party, a list or memorandum of all necessary expense and disbursement items incurred during the action or proceeding. The memorandum of costs shall be filed under oath, and shall state that to the claimant’s or his attorney’s best knowledge and belief the expense items included are correct, and that all the disbursements were needed for the handling of the action or proceeding. If there is no objection, the court shall approve the memorandum of costs, and may eliminate any item deemed inappropriate, after granting the applicant the opportunity to justify the same. Any party who disagrees with the costs thus claimed may object to the same, in whole or in part, within a term of ten (10) days from the day the memorandum of costs is served. The court, after considering both parties’ position, shall resolve the objection. The decision of the Court of First Instance may be reviewed by the Circuit Court of Appeals through a certiorari to be issued at its discretion, and not otherwise. The review of the decision shall be handled jointly with any other recourse that has been filed against the judgment, and if no recourse has been filed the decision on the costs may be appealed.
(c) On Appeal. — The party in whose behalf judgment is rendered on appeal, shall file a statement or memorandum of all the expense items and the necessary disbursements incurred for the processing of the appeal with the Court of First Instance that decided the case initially, and shall serve it upon the opposing party, within the jurisdictional term of ten (10) days after the remand, and pursuant to the criteria established in subsection (b) above, The memorandum of costs shall be filed under oath, and the objections shall be delineated and decided pursuant to Rule 44.1(b). The resolution issued by the Court of First Instance may be reviewed as provided in subsection (b). The resolution issued by the Circuit Court of Appeals may be reviewed through a certiorari before the Supreme Court.
(d) Attorney’s Fees. — In the event any party or its lawyer has acted obstinately or frivolously, the court shall, in its judgment, impose on such person the payment of a sum for attorney’s fees which the court decides corresponds to such conduct.
History —Amended on Dec. 30, 1986, No. 2, p. 859; Dec. 25, 1995, No. 249, § 13, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 44 - Costs; attorney’s fees; legal interest › Rule 44.2 - Interlocutory costs and penalties upon the parties

The court may impose interlocutory costs on the parties and monetary sanctions in every case and in any stage on one of the parties or its legal representatives for delay, inaction, abandonment, obstruction, or lack of diligence in prejudice of the sound administration of justice. The payment of such fees shall be made electronically or by any other means or instrument adopted by the Chief Justice of the Supreme Court in coordination with the Secretary of the Treasury. The amounts collected on account of monetary sanctions imposed on the parties or their attorneys shall be deposited in the Special Fund of the Judicial Branch created under § 1482e of this title, to be used in the manner and for the purposes established therein.
History —July 30, 2009, No. 47, § 13, eff. July 1, 2010.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 44 - Costs; attorney’s fees; legal interest › Rule 44.3 - Legal interest

(a) Interest, at the rate fixed by regulation by the Finance Board of the Office of the Commissioner of Financial Institutions in effect when judgment is pronounced, shall be included in every judgment ordering the payment of money, to be computed on the amount of the judgment from the date it was pronounced and until paid up, including costs and attorney’s fees. The interest rate shall be stated in the judgment.
The Board shall periodically fix and review the interest rate on judgments, taking into consideration the market’s fluctuations, with the objective of discouraging the filing of frivolous claims, avoiding unreasonable delay in compliance with the existing obligations and stimulating the payment of judgments as soon as possible.
(b) Except when the defendant is the Commonwealth of Puerto Rico, its municipalities, agencies, instrumentalities or officers acting in their official capacity, the court will also impose on the party that has acted rashly the payment of interest at the rate fixed by the Board by virtue of the previous subsection which is in effect at the moment the judgment is pronounced, from the time the cause of action arises in every case of collection of money and from the time the claim is filed in actions for damages until the date judgment is pronounced, to be computed on the amount of the judgment. The interest rate shall be stated in the judgment.
History —Amended on July 6, 1985, No. 82, p. 265, § 1; July 11, 1988, No. 78, p. 333, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.1 - Entry

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter his default.
The court of its own initiative or upon motion of party may enter default against any of the parties pursuant to Rule 34.2(b)(3).
Said entry shall have the effect of admitting the averments set forth in the affirmative defenses, subject to the provisions of Rule 45.2(b).
Failure to enter default shall not affect the validity of a judgment by default.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.2 - Judgment

Judgment by default may be entered as follows:
(a) By the clerk. — When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if he has been defaulted, and if he is not an infant or incompetent person.
(b) By the court. — In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by the father, mother, guardian, guardian ad litem or other such representative who has appeared therein. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court shall hold such hearings or order such references as it deems necessary and proper. When the party against whom judgment by default is sought has appeared in the action, it shall be served with written notice of any hearing by default to be held.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.3 - Power to set aside default

For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside in accordance with Rule 49.2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.4 - Who may apply for entry

The provisions of this rule apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of Rule 43.6.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 45 - Default › Rule 45.5 - Judgment against the Commonwealth of Puerto Rico

No judgment by default shall be entered against the Commonwealth of Puerto Rico, its municipalities, agencies or corporations, or against an officer acting in his official capacity, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VII - JUDGMENTS › Rule 46 - Notice and Registration of Judgments › Rule 46 - Notice and Registration of Judgments

It shall be the duty of the Clerk to notify the decisions issued by the Court as soon as possible within the norms fixed by the Supreme Court, by filing in the record a copy of the decision and the evidence of the notice and the registration of the decision. The filing of the decision in the Registry of Suits and Procedures constitutes the registration of the decision. The decision shall not be effective until a copy of the notification has been filed in the record and the term for the appeal shall start to run from the date of said filing. If the date of filing the copy of the notification of the decision, resolution or order in the record is different to that of the mailing of said notification, the term shall be calculated as of the date the notice is mailed.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 47 - Reconsideration › Rule 47 - Reconsideration

The party adversely affected by a decision, order or judgment of the Court of First Instance may, within the jurisdictional term of fifteen (15) days as of the date of notice of the decision or order or, as of the date of filing in the record of the case a copy of the judgment, file a motion for reconsideration of the decision, order or judgment. Likewise, if the date of filing in the record of the case a copy of the notice of the judgment, decision or order, is different from the date said notice was deposited in the post office, the term shall be calculated from the date of deposit in the post office.
The court, within ten (10) days after such a motion has been filed, shall take it under advisement. If flatly denied, the term to appeal or file a petition for certiorari shall be deemed as never having been interrupted. If a determination is made upon its consideration, the term to appeal or to file a petition for certiorari with jurisdictional term before the Court of Appeals shall begin from the date in which a copy of the notice of the decision of the court definitively passing upon the motion is filed in the records of the case. If the date a copy of the notice of the judgment, decision or order is filed in the records of the case is different from the date in which said notice was deposited in the post office, the term shall be calculated from the date of deposit in the post office.
On the other hand, if a determination is made in consideration of a motion for reconsideration the period to file a petition for certiorari with a term of strict compliance before the Court of Appeals shall begin from the date on which the decision of the court definitively passing upon the motion is notified. Should the court fail to take action on the motion for reconsideration within ten (10) days after it has been filed, it shall be deemed to have been flatly denied.
The motion for reconsideration shall not notified to all other parties to the litigation within the fifteen (15) days established by this rule for presenting the same before the court simultaneously. The term for notifying shall be of strict compliance.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 48 - New trial › Rule 48.1 - Grounds

A new trial may be granted on any of the following grounds:
(a) When material evidence is discovered which, despite reasonable diligence, could not be discovered or produced at the trial.
(b) When it is impossible to prepare a narrative statement of the evidence or when a transcript of the stenographic notes of the proceedings cannot be obtained because of the death or disability of the stenographer, or because of the absence or loss of the corresponding tape.
(c) When substantial justice requires it, the court may grant a new trial to all or any of the parties and on all or part of the issues.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 48 - New trial › Rule 48.2 - Time for motion

A motion for new trial shall be filed within ten (10) days after a copy of the notice of the judgment is filed in the record, except that:
(a) If such motion is based on newly discovered evidence, it may be filed before the term to appeal or to seek review has expired, upon notice to the other party, the holding of a hearing, and a showing that due diligence has been exercised; and
(b) when it is based on Rule 48.1(b) it may be filed within thirty (30) days after the death or disability of the stenographer, after the unavailability or loss of the tape is diligently established, or where it is impossible to prepare a narrative statement of the evidence. The last two facts should be established within thirty (30) days after notice of the judgment.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 48 - New trial › Rule 48.3 - Time for serving affidavits

When a motion for new trial is based upon affidavits they shall be served with the motion. The opposing party shall have ten (10) days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding ten (10) days after good cause is shown. The court may permit reply affidavits.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 48 - New trial › Rule 48.4 - On initiative of court

Within ten (10) days after entry of judgment the court, of its own initiative, may order a new trial for any reason for which it might have granted a new trial on motion of a party, and it shall specify in the order the grounds therefor.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 49 - Relief from judgment or order › Rule 49.1 - Errors of form

Errors of form in proceedings, orders or other parts of the record, and those appearing therein because of oversight or omission, may be corrected by the court at any time, on its own initiative, or upon the motion of a party, upon prior notice, should it be ordered. Said errors can be corrected during the handling of an appeal or a writ of certiorari, before the appeal is docketed to the court of appeals, and subsequently, they shall only be corrected by permission of the court of appeals.
History —Amended on Dec. 25, 1995, No. 249, § 16, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 49 - Relief from judgment or order › Rule 49.2 - Mistakes; inadvertence; surprise; excusable neglect; newly discovered evidence, fraud, etc

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a judgment, order or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise or excusable neglect;
(2) Discovery of material evidence which, despite due diligence, could not be discovered in time to move for a new trial under Rule 48;
(3) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party;
(4) The judgment is void;
(5) The judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(6) Any other reason justifying relief from the operation of the judgment.
While an appeal or certiorari is pending final resolution in a procedure of voluntary jurisdiction, the respondent court shall not grant any remedy under this Rule 49.2, unless permitted by the appellate court. Once the appellate court pronounces judgment, no redress may be granted under this Rule 49.2 which is inconsistent with the mandate unless previously permitted by the appellate court. In both cases, the motion for redress shall always be made before the respondent court within the above stated term, and if the respondent court determines that it is willing to grant redress a request for said permit shall then be made to the appellate court.
History —Amended on Dec. 25, 1995, No. 249, § 17, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 50 - Harmless Errors › Rule 50 - Harmless Errors

No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order, or in anything done or omitted by the court or by any of the parties, is ground for granting a new trial or for setting aside, modifying or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.1 - Time for executing

The party in whose favor judgment is entered may execute the same by the proceeding fixed in Rule 51 at any time within five (5) years after it becomes final. Upon expiration of that period, the judgment may be executed by leave of court, on motion of a party and notice to all parties. If after entry of the judgment the execution thereof is stayed by order or judgment of the court or by operation of law, the time the execution has been suspended shall be deducted in computing the five (5) years during which the writ of execution may be issued.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.2 - Proceedings in cases of judgments for payment of money

Process to enforce a judgment or order for the payment of money and to collect the costs awarded by the court shall be a writ of execution. The writ shall specify the terms of the judgment and the amount actually due. Every writ of execution shall be directed to the marshal. In execution cases, including those where a judicial sale is ordered, the marshal shall deliver to the clerk the writ duly served and any surplus in his possession within fifteen (15) days after the date of such execution. A writ of execution may issue upon one or more judgments or orders in the same action.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.3 - Proceedings in cases of judgments for specific acts; foreclosure of mortgages and other liens

(a) If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the defaulting party by some other person appointed by the court and the act when so done shall have the same effect as if done by the party. Whenever necessary, on application of the party entitled to performance, and upon order of the court, the clerk shall issue a writ of attachment against the property of the defaulting party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. Likewise, the court, in lieu of directing a conveyance of the land, may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution upon application to the clerk. Whenever the court orders a judicial sale of personal or real property, said order shall have the force and effect of a writ directing the physical delivery of the possession, and it shall be so stated in the judgment or order so that the marshal or any other acting officer may proceed to put the purchaser in possession of the property sold within the period of twenty (20) days after the sale or public auction, without prejudice to the rights of third persons who have not participated in the proceeding.
(b) Judgments entered in actions for the foreclosure of mortgages and other liens shall order that plaintiff recover his debt, interests and costs through the sale of the encumbered property. To that end, an order shall be served upon the marshal directing him to sell the property in satisfaction of the judgment in the manner provided by law for the sale of property subject to execution; if the mortgaged property cannot be found, or if the proceeds of such sale are insufficient to satisfy the judgment, the marshal shall collect the rest of the amount, or the remaining unpaid balance, out of any other property of the defendant as in case of ordinary executions.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.4 - Supplementary proceedings

In aid of the judgment or of its execution, the judgment creditor or his successor in interest may examine any person including the judgment debtor, as is provided in these rules for the taking of depositions. If the deposition is taken by written questions, the subpoena for the taking thereof may provide that the judgment debtor or deponent need not appear personally thereunder, provided that before the time fixed for the taking of the deposition he delivers to the judgment creditor or to his attorney answers under oath to the written questions served upon him. The court may make any order which it considers just and necessary for the execution of a judgment.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.5 - Manner of execution

If the writ of execution is against the property of the judgment debtor, it shall require the marshal to satisfy the judgment, with interest, out of the personal property of such debtor. When there is property of the judgment debtor whose value is greater than the amount of the judgment including costs, the marshal shall attach only such part of the property as the judgment debtor may indicate, provided it is amply sufficient to satisfy the judgment and costs accrued.
A writ of execution obtained under a summary proceeding, as provided by Rule 60, may not be executed on Saturdays, Sundays, holidays or after working hours, except when the urgency is proved.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.6 - Process in behalf of and against persons not parties

When an order is made in favor of a person who is not a party to the action, he may enforce obedience to the order by the same process as if he were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, he is liable to the same process for enforcing obedience to the order as if he were a party.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.7 - Proceedings on judgment against joint debtors

When a judgment is recovered against one or more of several debtors, jointly liable for an obligation, those debtors who are not parties to the action may be summoned to show cause why they should not be bound by the judgment in the same manner as if they had been originally sued. The summons, according to this rule, must describe the judgment, and require the person summoned to appear on a specific day and hour to show cause why he should not be bound by the judgment. It shall not be necessary to file a new complaint. The summons must be accompanied by an affidavit of the plaintiff, his agent, representative or attorney, stating that the judgment or some part thereof remains unsatisfied, and specifying the amount due thereon.
After service of the summons, the judgment debtor shall appear at the date specified thereon and at said hearing he may assert any defense of fact and of law that may release him from liability. Matters thus raised may be argued as in other cases.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.9 - Rights of purchaser upon failure of title; revival of judgment

If the purchaser of real property sold on execution, or his successor in interest, fails to recover possession as a result of irregularities in the proceedings concerning the sale that could make such sale null, or because the property sold was not subject to execution and sale, the court having jurisdiction thereof must, after due notice and on motion of such interested party, or his attorney, revive the original judgment in the name of the petitioner for the amount paid by the purchaser at the judicial sale, with interest thereon from the time of payment at the same rate appearing in the original judgment; and the judgment so revived shall have the same force and effect as the original judgment from, and not before, the date of revival.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 51 - Execution › Rule 51.10 - Proceedings to compel contribution among judgment debtors

When upon an execution against several persons jointly liable, more than a due proportion of the judgment is satisfied by one of them, said person is entitled to the benefit of the judgment to enforce contribution or reimbursement, if within thirty (30) days after his payment, he files with the clerk of the court where the judgment was rendered notice of his payment and claim to contribution or reimbursement. Upon the filing of such notice, the clerk shall make an entry thereof in the margin of the docket and, on motion of the interested party, shall issue a writ of execution against the other joint debtors.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 52 - Appeal, review and certification › Rule 52.1 - Procedures

Every procedures for appeal, certiorari and certification shall be handled in accordance with applicable law, these rules, and the rules adopted by the Supreme Court of Puerto Rico.
History —Amended on Dec. 25, 1995, No. 249, § 18, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 52 - Appeal, review and certification › Rule 52.2 - Frivolous appeals

If it is determined that an appeal from a ruling of the court is clearly frivolous or has been filed with the purpose of delaying the proceedings, the court where it is filed shall award attorney’s fees plus costs.