reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 133 - Fees and Costs (§§ 1461 — 1500) › § 1500 - Exemption in favor of legal services corporations and similar entities

The Puerto Rico Legal Services Corporation, the Centro Legal de Ayuda a Menores del Distrito de Mayagüez, Inc., the San Juan Legal Services Corporation and any other nonprofit entity or municipal organization whose duties and purposes are similar to those of said corporations shall be exempted from the payment of all kinds of fees, tariffs or taxes of any nature prescribed by the existing laws for the prosecution of judicial proceedings and the issuance of certificates at all Commonwealth Government Centers, including bar stamps and notarial fees, in regard to all matters that may be related to the performance of their duties and the achievement of their objectives, or when necessary, for the prosecution of such cases or matters in which they intervene on behalf of the persons to whom they render free legal services.
The Secretary of Justice shall keep a record of all the organizations or entities that avail themselves of the benefits of this section and to that effect he/she shall previously authorize and certify the same with the exception of the Puerto Rico Legal Services Corporation, the Centro Legal de Ayuda a Menores del Distrito de Mayagüez, Inc. and the San Juan Legal Services Corporation.
The Secretary of Justice is hereby empowered to adopt the rules he/she may deem necessary for the accurate compliance of the provisions herein established.
History —June 9, 1967, No. 122, p. 377; May 27, 1977, No. 31, p. 57, §§ 1, 3; Apr. 6, 1979, No. 34, p. 84; Dec. 8, 1998, No. 294, § 1, eff. 120 days after Dec. 8, 1998.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1525 - Compilation of papers in civil suits

The pleadings, determinations, and all other documents which are to form part of the papers in civil cases, including the documents presented by the parties to the suit, shall be compiled and carefully bound in the order in which they have been filed, and shall bear on the cover the name of the court, the number under which the case is filed in the clerk’s office, the names of the litigants, the attorneys, the title or designation of the nature of the case, the date on which it was instituted, the date it bore on the calendar and the date on which the court or judge handed down the judgment or final determination.
History —Feb. 19, 1906, p. 101, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1526 - Compilation of papers in civil suits—Copies of judgment or determination of court

The clerks of the court shall make, gratis, a true copy from the minutes of the court, of any judgment or determination of the court or the judge thereof, rendered during the proceedings, and shall include it in the papers.
History —Feb. 19, 1906, p. 101, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1527 - Compilation of papers in civil suits—Orders executed by marshal

All written orders executed by the marshal in any case shall be returnable to the clerk of the court, who shall include them, in the manner as aforesaid prescribed, in the papers to which they pertain.
History —Feb. 19, 1906, p. 101, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1528 - Compilation of papers in civil suits—Sentences and notifications of appellate court

In a like manner, all certified copies of sentences rendered by the court of appeal and all kinds of notifications issued by said courts in any case shall be compiled and form part of the records of the court wherein the case was first instituted.
History —Feb. 19, 1906, p. 101, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1529 - Compilation of papers in civil suits—Numbering of pages in record

Each page of the record shall be numbered in figures on the upper right-hand margin of the page.
History —Feb. 19, 1906, p. 101, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1530 - Compilation of papers in civil suits—Index

On the termination of a case, the clerk of the court shall make and annex carefully to the papers an index of the contents thereof.
History —Feb. 19, 1906, p. 101, § 6.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 2 - Procedure in Civil Actions Generally (§§ 251 — 1561) › PART X - Miscellaneous (§§ 1331 — 1531) › Chapter 135 - General Provisions (§§ 1511-1520 — 1531) › § 1531 - Compilation of papers in civil suits—Proceedings to which applicable

Sections 1525-1531 of this title shall apply in all civil proceedings before all Commonwealth courts and judges.
History —Feb. 19, 1906, p. 101, § 7.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART I - General Provisions (§§ 1621 — 1676) › Chapter 153 - General Principles of Evidence (§§ 1661 — 1676) › § 1673 - Written words and written form

When an instrument consists partly of written words and partly of a written form, and the two (2) are inconsistent, the former controls the latter.
History —Code Civil Proc., 1933, § 392.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART I - General Provisions (§§ 1621 — 1676) › Chapter 153 - General Principles of Evidence (§§ 1661 — 1676) › § 1675 - Statute or instrument susceptible of two interpretations

When a statute or instrument is equally susceptible of two (2) interpretations, one in favor of natural right and the other against it, the former is to be adopted.
History —Code Civil Proc., 1933, § 394.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941) › Chapter 161 - Documents (§§ 1761 — 1821) › Subchapter II - Public Documents (§§ 1781 — 1802-1810) › § 1781 - Right to inspect and copy public documents

Every citizen has a right to inspect and take a copy of any public document of Puerto Rico, except as otherwise expressly provided by law.
History —Code Civil Proc., 1933, § 409.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941) › Chapter 161 - Documents (§§ 1761 — 1821) › Subchapter II - Public Documents (§§ 1781 — 1802-1810) › § 1793 - Conclusive effect of judgment or final order

The effect of a judgment or final order in an action or special proceeding before a court or judge of Puerto Rico or of the United States having jurisdiction to pronounce the judgment or order, is as follows:
(1) In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will, or administration, or the condition or relation of the person.
(2) In other cases the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity, provided they have notice, actual or constructive, of the pendency of the action or proceeding.
History —Code Civil Proc., 1933, § 421.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941) › Chapter 161 - Documents (§§ 1761 — 1821) › Subchapter II - Public Documents (§§ 1781 — 1802-1810) › § 1798 - Effect of other judicial records—State of Union

The effect of a judicial record of a State of the Union is the same in Puerto Rico as in the State where it was made, except that it can only be enforced in Puerto Rico by an action or special proceeding, and except, also, that the authority of a guardian or committee, or of an executor or administrator, does not exceed the jurisdiction conferred by the laws under which the said authority was granted.
History —Code Civil Proc., 1933, § 426.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART II - Kinds and Degrees of Evidence (§§ 1711 — 1941) › Chapter 161 - Documents (§§ 1761 — 1821) › Subchapter II - Public Documents (§§ 1781 — 1802-1810) › § 1801 - Impeachment of judicial record

Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record in respect to the proceedings.
History —Code Civil Proc., 1933, § 429.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2183 - Protection of witness

It is the right of a witness to be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue.
History —Code Civil Proc., 1933, § 527.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2184 - Immunity from arrest

Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee, or other person, in a case where the disobedience of the witness may be punished as a contempt, is exonerated from arrest in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom.
History —Code Civil Proc., 1933, § 528.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2185 - Penalty for arresting witness

The arrest of a witness, contrary to the preceding section, is void, and when wilfully made, is a contempt of the court; and the person making it is responsible to the witness arrested for double the amount of the damages which may be assessed against him; and is also liable to an action at the suit of the party serving the witness with the subpoena, for the damages sustained by him in consequence of the arrest.
History —Code Civil Proc., 1933, § 529.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2186 - Arresting officer ignorant of facts; affidavit of witness

An officer is not liable for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption, and make an affidavit stating:
(1) That he has been served with the subpoena to attend as a witness before a court, officer, or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued;
(2) That he has not thus been served by his own procurement, with the intention of avoiding an arrest, and
(3) That he is at the time going to the place of attendance, or returning therefrom; or remaining there in obedience to the subpoena.
The affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.
History —Code Civil Proc., 1933, § 530.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 3 - Puerto Rico Law of Evidence (§§ 1621 — 2187) › PART IV - Rights and Duties of Witnesses (§§ 2181 — 2187) › Chapter 181 - Generally (§§ 2181 — 2187) › § 2187 - Discharge of witness from arrest

The court or officer before whom the attendance is required, may discharge the witness from an arrest made in violation of § 2183 of this title. If the court has adjourned before the arrest, or before application for the discharge, a judge of the court may grant the discharge.
History —Code Civil Proc., 1933, § 531.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2241 - Reduction of nuncupative will to public instrument

A nuncupative will may be reduced to a public instrument on the application of any of the following parties:
(1) A beneficiary under the will.
(2) One upon whom a duty is imposed by the will.
(3) The legal representation of any person included in the preceding two (2) clauses.
(4) A witness to the will.
History —Code Civil Proc., 1933, § 534.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2242 - Petition for recording

The petition for recording such will as a public instrument shall be filed together with the note or memorandum, if any was taken, of the oral dispositions of the testator at the time they were made; the names of the witnesses to be examined; the name of the notary, if one was present at the execution of the will and for any reason failed to convert it into a public instrument; and a statement of the legal interest which the petitioner might have therein.
History —Code Civil Proc., 1933, § 535.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2243 - Summons for witnesses and notary

Upon the filing of a proper petition, the Court of First Instance shall issue summons commanding the witnesses and the notary, should there have been one at the execution of the will, to appear on a day and hour and at a place designated under penalty of being proceeded against as for contempt of court in case of failure to obey said summons.
History —Code Civil Proc., 1933, § 536.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2244 - Penalty for disobeying summons; disabled or absent witness

If any witness or notary upon whom such summons has been served shall fail to obey, the judge shall issue an order for his arrest and proceedings shall be taken against him as for contempt of court. Whenever any witness is unable to appear because of sickness or infirmity, the petitioner may solicit the court to appoint a judge or secretary of the court or notary public to take his testimony on oath and over his signature. Whenever a witness shall be absent from the Commonwealth of Puerto Rico, he shall have the power to make his deposition in the manner provided for in subsections (2) and (3) of § 884 of Title 4. The witnesses and the said notary shall be examined separately, in order that neither may hear the testimony of the other.
History —Code Civil Proc., 1933, § 537.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2245 - Evidence of authority of notary and identity of witnesses

Evidence of the authority of the notary and the identity of the witnesses must be produced if not personally known to the court.
History —Code Civil Proc., 1933, § 538.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2246 - Admission of will to probate

The serious and deliberate intention of the testator to make his last will having been clearly and specifically established by competent evidence; that the witnesses and the notary, if there be one, have heard simultaneously from the mouth of the testator all the dispositions that he wished to make in his last will, whether expressed by word of mouth or whether by reading or causing to be read any note or memorandum in which it was contained; that the number of witnesses was such as required by law, according to the circumstances as to the time and place in which it was executed, and the testimony taken, shall admit the will of the testator to probate, without prejudice to the rights of strangers to the record, and shall order the proceedings to be entered of record. Where any discrepancy appears in the evidence of the witnesses, the judge shall approve as the will that in which all of said witnesses have been in conformity.
History —Code Civil Proc., 1933, § 539.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2247 - Proof of will when testator committed his wish to writing

Where the testator’s wish shall have been committed to writing at the time of the making of the nuncupative will, the dispositions therein expressed shall be deemed to be the will of the testator: provided, all the witnesses agree that it is the same document that was written or presented at that time, even though none of them may recollect any of its provisions.
History —Code Civil Proc., 1933, § 540.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 191 - Recording of Oral Wills and Codicils (§§ 2241 — 2248) › § 2248 - Place of recording; filing of certified copy by notary

The recording shall be made in the office of the notary designated by the interested parties, or if they be not agreed as to the designation, the same shall be made by the judge of the court. Within the five (5) days following the date on which the recording is ordered, the notary designated to make such recording shall file with the Court of First Instance, free from the payment of scheduled fees on presentation of an order to that effect, to be issued by the judge on petition of the notary himself, a certified copy of the documents entrusted to his custody; Provided, That when said term lapses without the notary’s having complied with that obligation, any of the parties on whose petition a nuncupative will may be reduced to a public instrument may appear in court to petition that said requisite be complied with.
History —Code Civil Proc., 1933, § 541; Apr. 9, 1937, No. 20, p. 141.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2271 - Filing of sealed will with court

Any person having in his custody or control any sealed will must file it with the part of the Court of First Instance where the testator resided at the time of his death, and such person may be required so to do on the application to said court of any person acquainted with the fact of its execution, or who has sufficient reason to believe that it was so executed.
History —Code Civil Proc., 1933, § 542; Aug. 9, 1998, No. 212, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2272 - Examination of envelope containing will

The clerk of the court shall examine the envelope containing the will and shall make an entry as to its condition, detailing minutely the reasons, if any, for believing that it has been opened or that it has suffered any alteration, amendment, or erasure.
History —Code Civil Proc., 1933, § 543.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2273 - Signature of person presenting will

The person presenting the will shall also sign this entry with his name or mark, which shall be witnessed by one or more competent witnesses chosen by the clerk.
History —Code Civil Proc., 1933, § 544.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2274 - Summons to notary and witnesses; examination of witnesses

The clerk shall report to the court, who, after the death of the testator has been established, shall order that summons be issued to the officiating notary and to the testamentary witnesses not later than the following day. The witnesses having appeared, the sealed envelope shall be shown them for their examination and that they may declare under oath as to whether they recognize as genuine their signatures or marks thereon, and whether they find the same in the same condition as when they signed it. Where any of the witnesses do not know how to write and another person has signed for him, both persons shall be examined and the person signing shall identify the signature.
History —Code Civil Proc., 1933, § 545.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2275 - Proof of signature of absent or deceased witness

The signature of a witness who may be absent or deceased may be proved by any of the other witnesses present and also by two (2) persons acquainted with the signature of the witness and that of the testator.
History —Code Civil Proc., 1933, § 546.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2276 - Procedure in case of death of notary

In case of the death of the notary before whom the will was executed, the sign, signature, and rubric on the envelope or portfolio shall be compared by the judge, with the assistance of experts selected by him, with those placed on the copy which should exist in the special registry of sealed wills. The court may appoint a lawyer as referee to make the comparison, with the assistance of the experts designated by the judge. Where the execution of the will was made prior to the operation of notarial law, the comparison shall be made with other seals and signatures of the same notary acknowledged as genuine.
History —Code Civil Proc., 1933, § 547.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2277 - Evidence in case of death of notary and all witnesses

When the notary and all the witnesses have died, evidence must be furnished as to the date of their death, their repute in the community, and their places of residence at the time the will was executed.
History —Code Civil Proc., 1933, § 548.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2278 - Presence of next of kin at opening of will

The next of kin of the testator who may be presumed to have any interest in the matter may be present at the opening of the envelope and the reading of the will, but they shall not be permitted to make any opposition to the proceeding even though they may present a subsequent will.
History —Code Civil Proc., 1933, § 549.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2279 - Opening and reading of will

Upon the termination of the foregoing proceedings, should it appear that all the formalities of law have been complied with and that the identity of the envelope shall have been established, the judge shall open the said envelope and shall read for himself the testamentary dispositions contained therein. The opening shall be suspended if on the same portfolio the testator has directed that it shall not be opened until a certain specified time, in which case the judge shall suspend the opening thereof until the time designated by the testator shall have arrived.
History —Code Civil Proc., 1933, § 550.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2280 - Recording of will

The judge, having read the testament, shall deliver the same to the clerk, who shall read it aloud unless the testator has directed therein that one or more clauses remain unpublished, in which case the reading shall be limited to the other clauses. The will having been read, the court shall make an order that it be recorded, with the record of the proceedings for the opening thereof, in the office of the notary who may have authorized its execution, and in default thereof in that of the notary designated by the court.
History —Code Civil Proc., 1933, § 551.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 193 - Opening of Closed Wills and Formal Registration of Closed and Holographic Wills (§§ 2271 — 2280a) › § 2280a - Procedure for the formal registration of holographic wills

(1) Procedure after filing and proof of death.— After the holographic will has been filed and the death of the testator properly proven, the Court of First Instance shall proceed to the reading thereof in a public hearing and on the day and hour fixed therefor, within two (2) days at the latest, opening the same should it be a sealed will, and the judges of the court, together with the notary, shall affix their signatures on all its pages and shall immediately proceed to prove its identity by means of three (3) witnesses acquainted with the handwriting and signature of the testator, and who testify to the fact that they have no reasonable doubt that the will was handwritten and signed by the testator him/herself.
In the absence of competent witnesses, or if those examined have any doubts, and provided the Court of First Instance deems it proper, handwriting experts may be employed for the purpose of conducting a comparison.
(2) Summons to spouse and relatives.— In order to conduct the procedures mentioned in subsection (1), the surviving spouse, should there be one, the legitimate descendants and ascendants of the testator shall be summoned as soon as possible, and in the absence thereof, his/her brothers and sisters.
If said persons do not reside within the judicial district or if their existence is unknown or if they are minors or disabled individuals without legitimate representation, it shall be the prosecuting attorney who shall be summoned.
The persons summoned may be present while said procedures are being conducted and may orally make, at the time, such observations as they may deem proper with regard to the authenticity of the will.
(3) Action after justifying identity of will.— Should the Court of First Instance deem the identity of the will as justified, it shall order that the same be formally registered, with a certified copy of the process executed in the register of the notary appointed by the interested parties; said notary shall then issue such copies and attestations as may be proper which shall constitute sufficient title for the total or partial recording in the Property Registry of the real property of the inheritance. Should the interested parties fail to agree or if the notary appointed by them is disqualified for any of the reasons prescribed in the notarial law, the court shall then freely appoint a notary with an open office in the district.
Whatever the decision of the Court of First Instance, it shall be carried out notwithstanding any objection, but the rights of the persons interested in enforcing said rights in the corresponding proceeding shall be safeguarded.
History —Code Civil Proc., 1933, added as § 551A on Aug. 9, 1998, No. 212, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 195 - Declaration of Heirship (§§ 2301 — 2302) › § 2301 - Procedure for declaration of heirship

In case of intestate succession, or of the nullity of a will, those who may have an interest in the inheritance may petition the Court of First Instance of the last domicile of the decedent, or of the place where his property is situated, for the issuance of the corresponding order of heir’s declaration.
(1) The petition shall state, under oath, the death of the person whose succession is claimed;
(2) that according to the best information and belief of the petitioner, who shall state the sources of such information and the grounds for such belief, the said decedent died without leaving a will; that due search and inquiry have been made and that none has been found, or if he left a will, that same has been declared void;
(3) the names and domiciles of persons who are entitled to the heirship or succession.
The judge to whom the petition has been presented shall examine in the shortest time possible the documental proof on which the petitioner based his grounds, and the negative certificate of the Registry of Wills of the Supreme Court, and from the result thereof, shall issue the proper order without the need of holding a hearing; or he may discretionally request additional proof or set a date for a hearing if he deems it proper. Said order shall be issued without prejudice to a third party, unless it relates to forced heirs.
When the heir’s declaration has been solicited in favor of a collateral relative within the sixth degree, if the judge has reason to believe that there exist other kin equally or less remote from the decedent and the value of the estate exceeds five thousand dollars ($ 5,000), the judge may, in his discretion, order the publication of notice announcing the death of the decedent and the names and degrees of kinship of those who claim the inheritance, and calling upon those who consider themselves equally or better entitled to such inheritance to make their appearance and file their claims within a fixed period. Such notices shall be published for a term fixed by order of the judge in a newspaper of general circulation published in the Commonwealth of Puerto Rico. Upon the expiration of the term designated in the notice, which term must be reckoned from the date of the last publication of the notice, the judge upon the acceptance of the proofs, shall make an order, as provided by law in such cases naming the persons entitled to the inheritance. Claimants who make their appearance in answer to the notice must set forth in writing and under oath their relationship with the decedent under whom they claim the right of inheritance, in the absence of any document establishing the same.
History —Code Civil Proc., 1933, § 552; July 23, 1974, No. 203, Part 2, p. 98.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 195 - Declaration of Heirship (§§ 2301 — 2302) › § 2302 - Trial of adverse claims

Persons filing claims adverse to the petitioner must file their answers containing specified statements of their claims against the petitioner and against each other. When the case is ready for trial, the judge shall, on the application of any party, set the hearing for a day and hour not less than five (5) nor more than eight (8) days thereafter. On the appointed day the judge shall hear the oral testimony, look into the evidence submitted by the claimants in person or by their attorneys, and shall, within six (6) days thereafter, pronounce judgment from which an appeal might be taken. Any claimant may make his appearance at any stage of the proceedings for the declaration of heirship, provided that the prosecution thereof shall not be delayed by such dilatory appearance. Final judgment having been rendered any claimant who has had no notice of the proceedings and did not appear therein and who has a well-founded right to the inheritance may establish and enforce his right against those who have been judicially declared heirs thereby.
History —Code Civil Proc., 1933, § 553.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 197 - Administration of Decedents’ Estates Without Knowing Next of Kin (§§ 2331 — 2332) › § 2331 - Testacy or intestacy

Whenever any person dies leaving property with or without making a will and testament, and without leaving a husband or wife living with such person, and without ascendants or descendants or collateral relatives within the fourth degree, the owner of the dwelling in which his death occurred or any other person with whom the decedent has lived must notify the nearest court of the fact aforesaid within the knowledge of said owner or person, and any person failing to comply with his duty shall be liable for any losses which, through the failure of complying with this proceeding, shall be occasioned to the estate of the decedent. If the existence of next of kin of the decedent be known and they shall be absent from the place without having left a duly empowered attorney, the court shall take the necessary measures for the burial of the decedent and for the security of his property, as well as for giving proper notice thereof to the said next of kin. Upon the appearance of the aforesaid next of kin, either in person or by duly empowered attorney a permanent administrator shall be appointed and the property and effects of the decedent shall be turned over to him.
History —Code Civil Proc., 1933, § 554.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 197 - Administration of Decedents’ Estates Without Knowing Next of Kin (§§ 2331 — 2332) › § 2332 - Appointment of custodian and administrator; escheat on failure of heirs

The court shall see that the property, papers, and other effects of the decedent susceptible of abstraction or concealment be deposited in a secure place and sealed, intrusting them to a responsible person under sufficient security, as temporary custodian thereof, and under inventory with power in respect to credits, properties, rents and products to collect, keep and maintain the same. The Court of First Instance shall, thereupon, appoint an administrator whose duty shall be, in addition to other duties imposed by law upon administrators, to begin proceedings for the purpose of ascertaining who are the heirs of the decedent according to §§ 2301 and 2302 of this title, and if they fail to appear, to turn over the balance of the estate remaining after the payment of the debts of the decedent and the expenses of the administration, to the Secretary of the Treasury of Puerto Rico. The Secretary of Justice shall be notified by the prosecuting attorney and shall be a party to all proceedings for the determination of heirs.
History —Code Civil Proc., 1933, § 555.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2361 - Petition for judicial administration

The executor of the last will of a decedent, or in case that none has been appointed or if the decedent left no validly executed will, the surviving spouse of the decedent or any heirs at law or any person claiming as testamentary heir or legatee, or any unsecured creditor with written title, having a claim against the decedent, may, on a proper petition duly showing therein the necessary facts, apply for a judicial administration of the property of said decedent. Such petition shall be filed in the part of the Court of First Instance having jurisdiction over the last residence of the decedent or of the place where the greater part of his property is situated and shall set forth under oath:
(1) The death of the decedent.
(2) The particulars relating to his last will, including the date of the execution thereof and the office in which it was recorded; and in case such decedent shall have died intestate, it shall set forth that according to the best information and belief of the petitioner said decedent left no valid will, with the sources and grounds for such information and belief.
(3) The interest and cause of action of the petitioner.
(4) The names and respective residences of all other persons entitled to inherit in the estate of the decedent.
(5) That decedent left property subject to distribution, and the amount and nature of such property.
History —Code Civil Proc., 1933, § 556.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2362 - When judicial administration not decreed; secured creditors

Where a decedent shall have expressly prohibited by his will to the voluntary heirs and legatees of aliquot number a judicial administration of his estate and shall have made provisions for the appointment of one or more persons, empowering such persons as executors to partition the said estate, such judicial administration shall not be decreed.
Secured creditors and creditors whose claims shall be secured by the heirs independently of the estate of the decedent shall have no right to ask for a judicial administration.
History —Code Civil Proc., 1933, § 557.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2363 - When judicial administration necessary

When all or none or more than one of the heirs are absent or have no legal representatives in the jurisdiction of the last place of residence of the decedent, or where the property is located, or when an heir or legatee is a minor or incapacitated and is not represented by his father or mother or by a tutor who has given the bond required by law, the judicial administration of the property of the testator shall be necessary.
History —Code Civil Proc., 1933, § 558.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2364 - Filing of petition for administration; summons of parties

It shall be the duty of any executor, in the case last mentioned, to petition the part of the Court of First Instance of the domicile of the testator, or of the place where his property is situated, for a judicial administration, which said petition shall be accompanied with a certified copy of the will in which the executor is appointed. In default of a duly appointed executor, any one of the persons named in § 2361 of this title may file such petition. Upon the filing of the petition the judge shall proceed to summon the executor, if there be any, the surviving spouse and the other heirs and legatees, as well as all creditors of the estate, directing them to appear at a day, hour, and place designated, not less than eight (8) nor more than fifteen (15) days after the issuance of said summons, but should the said part of the Court of First Instance be in vacation, the petition shall not be filed until the next session.
History —Code Civil Proc., 1933, § 559.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2365 - Minors or incapacitated persons; service of summons; appointment of counsel

Where any of the parties is a minor or is incapacitated, such summons shall be served on their legal representatives, guardians, or on their father or mother. Where the legal representative, guardian, father or mother of the minor or incapacitated person has any interest in the inheritance or estate, in conflict with that of the minor or incapacitated person, counsel shall be appointed for the latter, upon whom all papers shall be served.
History —Code Civil Proc., 1933, § 560.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2366 - Service of summons

Summons shall be served personally to the parties whose residence is known or who can be found. Summons shall be served pursuant to the provisions of Rule 4.4 of the Rules of Civil Procedure for the personal service of summons. The parties whose residence or whereabouts are unknown shall be summoned by publication according to the provisions of Rule 4.5 of the Rules of Civil Procedure for the summons by publication.
History —Code Civil Proc., 1933, § 561; July 19, 2006, No. 123, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2367 - Failure of parties to appear

Where parties summoned by notice as aforesaid fail to make their appearance within twenty (20) days from the date of the last publication, the case shall be proceeded with as by default without further summons.
History —Code Civil Proc., 1933, § 562.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART I - Testamentary and Intestate Proceedings (§§ 2241 — 2626) › Chapter 199 - Judicial Administration of Decedents’ Estates (§§ 2361 — 2372) › § 2368 - Temporary administrator; possession of personal property by marshal

Where there is no testamentary trustee, the judge may, pending the appointment of a permanent administrator, appoint a temporary administrator under sufficient bond to take charge of the properties and chattels of the decedent. In all cases where any of the persons mentioned in § 2361 of this title, who having the right to ask the judicial authorization shall bring to the attention of the judge that there exists personal or movable property, capable of being easily removed or concealed, the judge shall direct the marshal to take immediate possession of same, making an inventory thereof, and to deposit ad interim the said property with any responsible party, who may be one of the heirs, until a sufficiently bonded trustee can be appointed by the judge.
History —Code Civil Proc., 1933, § 563.