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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.3 - Discretion of the court

The court may refuse to render or enter a declaratory judgment or decree when such judgment or decree, if rendered or entered, will not put an end to uncertainty or to controversy giving rise to the proceedings.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.4 - Additional remedies

Additional remedies based on a declaratory judgment or decree may be allowed whenever necessary or adequate. They shall be sought by application to a court with jurisdiction to grant the remedy. If the application is deemed sufficient, the court shall summon any adverse party whose rights have been adjudicated by a declaratory judgment or decree to appear within a reasonable period to show cause why the additional remedies applied for should not be granted immediately.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.5 - Issues of fact

Whenever a determination of an issue of fact is raised in any proceeding prosecuted under this rule such issue may be considered and decided in the manner issues of fact are considered and decided in other civil actions in the court taking cognizance of the action.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.6 - Parties

When a declaratory remedy is sought, all persons having or alleging an interest which may be affected by the declaration shall be included as parties, and no declaration shall impair the rights of persons not parties to the proceedings. In any proceeding where the validity of a municipal ordinance or franchise is at issue, the corresponding municipality shall be included as a party, and the Secretary of Justice shall also be served notice of the proceedings, pursuant to the provisions of Rule 21.3.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 60 - Claims of five thousand dollars ($5,000) › Rule 60 - Claims of five thousand dollars ($5,000)

When an action is filed for the collection of an amount that not exceed five thousand dollars ($5,000), excluding interest, and when the suit does not specifically request that the case be handled under the regular procedure prescribed by these rules, the clerk shall immediately notify the defendant by mail or through any other means of written communication.
Should the defendant reside outside of Puerto Rico he/she shall be summoned by edict pursuant to Rule 4.5.
The notice shall specify the nature of the claim and the date scheduled for the hearing. Said hearing shall be held at the earliest possible date, but never prior to fifteen (15) days after the defendant has been served. The court shall take cognizance of all issues in litigation at the hearing and immediately pronounce judgement. Should the defendant fail to appear, the court, after finding that the latter was duly served and that a certain sum is owed to the plaintiff, shall pronounce judgment. If it shown to the court that the defendant has a substantial claim, or in furtherance of justice, the court may order that the action be continued under the regular procedures prescribed by these rules.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 61 - Special proceedings and extraordinary remedies › Rule 61 - Special proceedings and extraordinary remedies

All special legal proceedings, extraordinary remedies, and any other proceedings of a special nature not covered by Rules 55, 56, 57, 58, 59 and 60 shall be prosecuted in the manner provided in the corresponding statute. The provisions set forth in these rules shall be applicable to all cases where there is no incompatibility or controversy with such corresponding statutes.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 62 - The court › Rule 62.1 - Court always open

The court shall be deemed always open, within the schedule established by the Supreme Court, for the purpose of filing any paper, of issuing and returning writs, and making any pertinent order.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 62 - The court › Rule 62.2 - Hearings and orders in chambers

(a) All hearings upon the merits of a case shall be conducted in open court in a courtroom, unless the court decides otherwise due to the nature of the proceeding. Hearings and other proceedings of cases of dissolution of marriage, parent-child relations, filiation, adoption, child support, patria potestas and custody and guardianship shall be conducted in private, so that the public does not hear testimonies and other procedures, except when one of the parties requests otherwise. Likewise, information about files of the cases of dissolution of marriage, parent-child relations, filiation, adoption, child support, patria potestas and custody and guardianship, as well as copies thereof, may only be shown or furnished to persons with a legitimate interest, or to other persons through a court order and for a justified cause. Said copies shall only be furnished, upon presentation of evidence of necessity and the express authorization of the court, to officials of the General Court of Justice in their official capacity and to those persons of accredited professional or scientific reputation that show evidence of their interest to obtain information to perform their official duties, studies or work, and always subject to the conditions stipulated by the judge. All other acts or proceedings may be done or conducted by a judge in chambers, or in any other place, without the attendance of the clerk or of other officials.
(b) The following shall be persons with legitimate interest:
(1) The parties in the case and their heirs.
(2) The attorneys of the parties in the case.
(3) The notaries that authorize public documents from whose face or content it arises that the judicial document is a complementary document to the public instrument issued by same; as well as the circumstances in which the notaries are required copies of the judicial document for the correction of errors or faults notified by the Honorable Registrar of the Property.
(4) Any other person that one of the parties in the case has authorized by means of a sworn statement.
The aforementioned persons shall not have to submit a request to the Court to be allowed access to the judicial files.
Other persons who wish to review the files or obtain a copy of the documents in the same in those cases referred to in Act No. 70, shall have to submit a request before the Court through which they shall show the causes that justify their examination of said files.
The Chief Justice of the Supreme Court of Puerto Rico shall take the necessary administrative measures to comply with the provisions set forth herein.
History —Dec. 30, 1998, No. 329, § 1; Apr. 20, 2000, No. 70, § 1; Sept. 2, 2003, No. 227, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 62 - The court › Rule 62.3 - Papers lost, how supplied

Whenever a pleading or paper forming part of the record of an action or proceeding is lost, the court may authorize a copy thereof to be filed and used instead of the one lost.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 63 - Disqualification or recusation › Rule 63.1 - When disqualified

A judge, whether on his own initiative or on motion of party, shall disqualify himself from an action or proceeding in any of the following cases:
(a) When he is interested in the outcome thereof, has personal bias against, or is partial to any of the parties or their attorneys.
(b) When he is related by blood or affinity within the fourth degree to any of the parties or their attorneys.
(c) When he has been attorney or counsel for any of the parties or their attorneys in the action pending before him, or prosecuting attorney in an investigation or criminal proceeding wherein the facts are the same as those to be submitted to him for decision.
(d) When a friendship exists between the judge and any of the parties or their attorneys, of such nature as to thwart the ends of justice.
(e) When there is any other cause that may reasonably cast doubt upon his impartiality to adjudicate or which tends to undermine the public confidence in the administration of justice.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 63 - Disqualification or recusation › Rule 63.2 - Proceeding in case of prejudice or bias

Every recusation must be sworn and shall state the facts on which it is grounded. Said recusation shall be filed as soon as the petitioner learns of the cause for recusation.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 63 - Disqualification or recusation › Rule 63.3 - Designation of another judge

Upon filing and service of the petition referred to in Rule 63.2, another judge shall be appointed to adjudicate it.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 64 - Substitution of Judge › Rule 64 - Substitution of Judge

If by reason of death, illness or any other reason a judge is unable to continue taking cognizance of a matter, another judge may act in his place; but if such other judge is satisfied that he cannot perform those duties without a new trial on all or part of the facts or without rehearing a witness, he may take the measures necessary to adjudicate the action.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 65 - Clerk’s office › Rule 65.1 - When open

The clerk’s office shall be open during business hours on all days except Saturdays, Sundays and legal holidays. By special administrative rule or order it may be open during such days and hours.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 65 - Clerk’s office › Rule 65.2 - Actions of the clerks

All motions and petitions filed with the clerk’s office for the issuance of writs, for entering defaults or judgment by default, and for other proceedings which do not require allowance or order of the court, are grantable by the clerk but his action may be suspended, altered or rescinded by the court upon cause shown.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 65 - Clerk’s office › Rule 65.3 - Notice of orders and judgments

(a) Immediately upon the entry in the record of an order or judgment, the clerk shall serve notice thereof upon all the parties who may have appeared in the action in the manner provided by Rule 67. Such mailing shall be sufficient notice for all purposes for which notice of the entry of an order or judgment is required by these rules.
(b) The clerk shall serve notice of the entry of an order or judgment on the parties in default for failure to appear by sending them, if their identity be known, a copy of the notice to the last known address, and in case their identity be unknown or appears under a fictitious name for the purposes of the prosecution of the action by publishing a copy of the notice in a newspaper of general circulation, once a week, during two consecutive weeks. The notice shall be considered served on the date of the last publication.
(c) The clerk shall set forth on the copy of the proof of service which he may attach to the original record the date and the manner in which the notice was served and the person or persons notified.
If the notice is served personally, there shall be attached to the record the marshal’s return or that of the employee of the court serving such notice, or the affidavit of the private person verifying the service.
(d) Any party may acknowledge service of notice of any order, resolution or judgment by signing the original document and by entering the date of such acknowledgment.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 65 - Clerk’s office › Rule 65.4 - Papers to which seal shall be affixed

The seal of the court shall be affixed to the following papers: to a writ, summons, subpoena or bench warrant, and to a copy of any document or paper forming part of a record or other proceeding of the court and which is certified to by the clerk or other officer.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 66 - Books kept by the clerk › Rule 66.1 - Docket of actions and proceedings

The clerks shall keep a book known as “Docket of Actions and Proceedings” in which they shall enter all actions and proceedings. Its form and style shall be prescribed by the Office of Court Administration. Actions and proceedings shall be assigned consecutive file numbers. The file number on each action or proceeding shall be noted on the folio of the docket whereon the first entry of the action is made. All papers filed with the clerk, all summons and orders issued and returns made thereon, all appearances and judgments shall be entered chronologically in the “Docket of Actions and Proceedings”, on the folio assigned to the action and shall be marked with its file number. These entries shall be brief but shall show the nature of each paper filed or writ issued and the substance of each document or judgment of the court and of the returns showing execution of process. The entry of a document or judgment shall show the date such entry is made.
The orders, resolutions and any other interlocutory proceeding shall be entered in another book known as “Docket of Interlocutory Proceedings” following the procedure set forth for the “Docket of Actions and Proceedings”.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 66 - Books kept by the clerk › Rule 66.2 - Other books

The clerks shall keep such other books required by law or by the Office of Court Administration.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.1 - Service; when required

Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, and every written motion which cannot be heard ex parte, shall be served upon each of the parties. No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against such parties shall be served upon them in the manner provided for service of summons in Rule 4.4.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.2 - Service; how made

Whenever a party has appeared represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address, or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule means handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person not less than eighteen (18) years of age then residing therein. Service by mail is complete upon mailing.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.3 - Service; numerous defendants

In any action where there is an unusually large number of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing with the office of the clerk of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.4 - Filing

Except for the notice of appeal, all documents subsequent to the complaint shall be filed before the court either before service thereof or within a reasonable time thereafter; however, depositions, interrogatories, applications for admissions and answers thereto and offers of judgment shall not be filed until needed in the prosecution, or until filing thereof is ordered by the court on motion of a party or of its own initiative.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 67 - Service and filing of papers › Rule 67.5 - Filing of pleadings defined

The filing of pleadings and other papers shall be made by filing them with the clerk of the court. The judge may, nevertheless, permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 68 - Time › Rule 68.1 - Computation

In computing any period of time prescribed or allowed by these rules, by order of the court, or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the next day which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded from the computation. Half-holidays shall be considered as complete holidays.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 68 - Time › Rule 68.2 - Enlargement or reduction of time

When by these rules or by a notice given thereunder or by order of court an act is required or allowed to be done at or within a specified time, the court, for cause shown, may at any time in its discretion:
(1) With or without motion or notice, order the period enlarged or shortened if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order, or
(2) upon motion made after the expiration of the specified period, permit the act to be done where the failure to act was the result of excusable neglect; but it may not extend or shorten the time for taking any action under Rules 43.3, 44.1, 47, 48.2, 48.4, 49.2, 53.1, 53.2, 53.3 and 53.7, except to the extent and under the conditions stated in them.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 68 - Time › Rule 68.3 - Additional time when served by mail

Whenever a party is entitled to, or is required to perform any action within a specific term after having been served a notice or other writ and the notice or writ is served by mail, three (3) days shall be added to the prescribed period, except that it shall not apply to the terms that are counted from the filing in the record of a copy of the notice of the judgment.
The terms computed from the filing in the record of a copy of the notice of a judgment, resolution or order shall begin to elapse from the mailing date of the notice of the dictum when said date is different to that of filing in the record.
History —Mar. 27, 2004, No. 84, § 2, eff. 30 days after Mar. 27, 2004.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.1 - Requirements; personal security

In all cases in which a personal security is required, such security shall be accompanied by an affidavit by a surety stating that he is a resident of Puerto Rico and that he is the owner of the real property given as security, and that he owns property, exclusive of property exempt from execution, worth double the amount specified in the bond over and above all his debts and liabilities. If there are two (2) or more sureties and their respective liability is not sufficient to answer for the total amount of the bond, they shall also state that the whole amount of their total liability is equivalent to that of a sufficient surety. The affidavit shall also set forth the place of abode of the surety, and shall contain a description sufficient to identify the property owned by him and which he can give as security, an estimate of the actual value of such properties, encumbrances thereon, including their amount, whether or not such encumbrances are recorded in the Registry of Property, any other bond obligation contracted by the surety and which may be standing, and any other impediment in the free use and enjoyment of the property known by the affiant.
A personal or mortgage bond furnished by the surety is sufficient to authorize the court to order the Registry of Property to record it as an encumbrance in the manner provided by Rule 56.7
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.2 - By corporations

Any corporation organized under the laws of Puerto Rico or of any state of the United States for the purpose of giving bonds or guaranteeing undertakings required by law may become and may be accepted as surety or as sole or sufficient guarantor of such undertakings. Such security shall be subject to all the liabilities and entitled to all the rights of natural persons’ bonds, provided such corporation shall have complied with all the requirements of the law which governs in Puerto Rico the organization of corporations engaged in this type of business.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.3 - In cash

Whenever a bond is required, the court may order and accept in lieu thereof a deposit in cash for the full amount of the bond.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.4 - Mortgage bond

The mortgage bond shall be executed upon real property having a value exceeding by one-third (⅓) the amount of the bond required by the court. The value of the property may be ascertained by a certificate of assessment of the property for the purpose of the payment of the property tax.
Whenever it can be shown that the property’s market value is higher than its tax value, the mortgage bond may be executed upon two-thirds (⅔) of the market value of the property over which the court shall fix the amount of the bond.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.5 - Of nonresidents

When the plaintiff resides outside of Puerto Rico or is a foreign corporation, a bond shall be required to secure the costs, expenses and attorney’s fees which may be awarded. All proceedings in the action shall be stayed until bond is given, which shall not be less than one thousand (1,000) dollars. The court may require an additional bond upon a showing that the original bond is not sufficient security, and stay the proceedings in the action until such additional bond is given.
After the lapse of ninety (90) days from the service of the order requiring bond or additional bond, without the bond having been given, the court shall dismiss the action.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.6 - None required; when

No bond shall be required:
(a) From the Commonwealth of Puerto Rico, its officials in their official functions, public corporations or municipal corporations;
(b) from any party in a divorce, family relations, or community property suit, unless the court provides otherwise in meritorious cases;
(c) in alimony claims when the court so orders;
(d) from any indigent litigant who lives out of the country, if he/she shows that there is a probability of prevailing on the merits of the case.
History —Rules of Civil Procedure, 1979; Dec. 10, 1999, No. 339, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.7 - Acceptance

The clerks, marshals and other court officers may not accept a bond in any action or proceeding unless such bond has been approved by a judge of the part of the court before which the action or proceeding is pending.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.8 - Who may not be sureties

No officer of the court or attorney may be surety in an action or proceeding.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 69 - Security › Rule 69.9 - Cancellation of bond

In any action where any of the remedies provided by Rule 56.1 is granted to any of the parties for which a bond has been required, if such party prevails in the action, the court in its final judgment shall order the cancellation of said bond.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 70 - Errors in the Title or Prayer › Rule 70 - Errors in the Title or Prayer

Any error in the title of the action or in the prayer for relief shall not preclude the court from granting the appropriate remedy in accordance with the pleadings and the evidence.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 71 - Cases Not Provided for by These Rules › Rule 71 - Cases Not Provided for by These Rules

Where no specific proceeding has been provided for in these rules, the court may regulate its practice in any manner not inconsistent therewith or with any applicable legal provision.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 72 - Repealing and Saving Clause › Rule 72 - Repealing and Saving Clause

The Rules of Civil Procedure of 1958, as amended, are hereby repealed.
Likewise, and except for the provisions stated below, the articles of the Code of Civil Procedure, 1933 ed., which remained in force by virtue of Rule 72 of the Rules of Civil Procedure of 1958, are also repealed, with the exception of:
(4) Article 277, as amended, which shall hereinafter be known as “Nuisance and Interference Act”. Articles 363 to 533, which shall be known as “Puerto Rico Law of Evidence”. Articles 534 to 637, which shall be known as “Special Legal Proceedings Act”. Articles 640 to 646 concerning proceedings for “Quo Warranto”; articles 649 to 651 and 659 to 661 establishing the writ of Mandamus; articles 664 to 667 authorizing the writ of Disqualification [Prohibition]; articles 670 to 673 concerning Certiorari; and articles 675 to 678, 686, 687 and 690 to 695 on Injunctions, which shall hereinafter be known as “Extraordinary Remedies Act”.
Except for the provisions stated below, the Law of Civil Procedure for Spain and Overseas Provinces, enacted by R.D. on February 3, 1881, and the Law of Civil Procedure for Cuba and Puerto Rico, enacted on September 25, 1885, are hereby repealed.
Likewise, and except for the provisions below, the following Acts are hereby repealed:
(5) Act of March 1st, 1902, at 178 Act of March 9, 1905, at 185 Act of March 9, 1905, at 212 Act of March 14, 1907, p. 308, Third Parties Act. Act of March 12, 1908, at 72 Act No. 70 of March 9, 1911. Act No. 10 of April 29, 1921. Act No. 47 of April 25, 1931, on Declaratory Judgments. Act No. 78 of May 10, 1937. Act No. 39 of April 20, 1942. Act No. 16 of July 31, 1946. Act No. 433 of May 14, 1951. Act No. 451 of March 14, 1952. Act No. 14 of April 5, 1952. Articles 7, 27, 28, 29, 30, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 52, 131, 182(4), 249 and 252 of the Code of Civil Procedure, 1933 ed. Section 2 of Act No. 39 of April 20, 1942. Articles 1 and 2 of Act No. 433 of May 14, 1951. Article 7 of the Act of March 9, 1905. Items (2) and (5) of Article 1616 of the Law of Civil Procedure for Cuba and Puerto Rico, which corresponds to Article 1618 of the Spanish Law of Civil Procedure of 1881.
The following provisions shall provisionally remain in force until repealed or otherwise modified by special laws:
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part X - GENERAL PROVISIONS › Rule 73 - Effective Date › Rule 73 - Effective Date

These rules shall take effect sixty (60) days after adjournment of the regular session of the 1979 Legislative Assembly.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 1 - Title and general applicability

These rules shall be known as Rules of Evidence of Puerto Rico and they shall govern civil and criminal proceedings in all the parts of the General Court of Justice of the Commonwealth of Puerto Rico.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 2 - Construction

The provisions of these rules shall be liberally construed with a view to securing a just, speedy and inexpensive solution to any evidentiary problem. The ultimate purpose of these rules is the discovery of truth in all judicial proceedings.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 3 - Types of evidence

The types of evidence are:
(a) Judicial notice;
(b) oral evidence (or testimony);
(c) documentary evidence; [and]
(d) real, scientific or demonstrative evidence.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 4 - Effect of erroneous admission of evidence

A ruling admitting evidence shall not be set aside, nor shall a judgment or other ruling be reversed as a result of the erroneous admission of evidence unless:
(1) The evidence was erroneously admitted in spite of the timely and correct objection of the party prejudiced by the admission, and
(2) the court passing upon the effect of the erroneous admission is of the opinion that it was a decisive or substantial element of the judgment or ruling whose reversal is sought.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 5 - Effect of erroneous exclusion of evidence

A ruling excluding evidence shall not be set aside, nor shall a judgment or other ruling be reversed as a result of the erroneous exclusion of evidence unless:
(1) The evidence was erroneously excluded although the character, purpose and relevancy of the same was brought to the court’s attention through an offer to produce evidence or otherwise, and
(2) the court passing upon the effect of the erroneous exclusion is of the opinion that it was a decisive or substantial element of the judgment or ruling whose reversal is sought.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 6 - Plain error

Nothing in Rules 4 and 5 precludes an appellate court from taking notice of plain and harmful errors of admission or exclusion of evidence in spite of the absence of a timely objection, when the failure to correct said errors would result in a miscarriage of justice.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 7 - Limited admissibility

When evidence is admissible as to one party or for one purpose and inadmissible as to another party or for another purpose, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 8 - Related evidence

When a writ, video or tape recording or part thereof is introduced as evidence by a party, the other party may require the introduction at that moment, of the rest of the writ, video or tape recording which was partially introduced, or of any other writ, video or tape recording which must be introduced at the same time, for a full understanding of the matter.
History —Amended on Aug. 12, 1995, No. 198.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 9 - Preliminary determinations on admissibility of evidence

(A) Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege or the admissibility of evidence shall be determined by the court, subject to the provisions of subdivision (B) of this rule. In making its determinations, the court is not bound by the Rules of Evidence except those with respect to privileges.
(B) When the relevancy of the evidence introduced depends upon the fulfillment of a condition of fact, the court shall admit it upon the introduction of evidence sufficient to support a finding of the fulfillment of the condition; the court may also admit the evidence subject to the subsequent introduction of evidence sufficient to support a finding of the fulfillment of the condition.
(C) In cases heard before a jury, all the evidence concerning the admissibility of a confession by the defendant shall be heard and weighed by the judge out of the hearing of the jury. If the judge determines that the confession is admissible, the defendant may introduce to the jury, and the prosecution may rebut, evidence relevant to the weight or credibility of the confession and to the circumstances under which the confession was obtained. Other preliminary determinations may also be considered out of the hearing of the jury when the interests of justice so require or when the accused, as a witness, so requests.
(D) The accused does not, by testifying as to a preliminary matter, subject himself to cross-examination as to other issues in the case.
(E) This rule does not limit the right of the parties to introduce before the jury evidence relevant to the weight or credibility of the evidence admitted after the judge’s corresponding preliminary determination.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter I - General Provisions › Rule 10 - Weight and sufficiency of evidence

The court or the trier of facts shall weigh the evidence introduced in order to determine which facts have been established or proven, subject to the following principles:
(A) The burden of proof is on the party who would be defeated if no evidence were introduced by either side.
(B) The burden of producing evidence is, first of all, upon the party holding the affirmative of the issue.
(C) To establish a fact, the degree of proof required is not that which, excluding the possibility of error, produces absolute certainty; the only requirement is moral certainty or conviction upon an unprejudiced mind.
(D) Direct evidence from a witness who deserves full credit is sufficient proof of any fact, unless otherwise provided by statute.
(E) The court or jury is not bound to decide in conformity with the declarations of any number of witnesses which do not produce conviction in their minds, against a lesser number of witnesses or against other evidence convincing to their minds.
(F) In civil cases, the trier’s decision shall be in accordance with the preponderance of evidence on the basis of probability; in criminal cases, guilt must be established beyond a reasonable doubt.
(G) When it seems that a party offers evidence that is weaker and less satisfactory than the one it could have offered, the evidence introduced should be viewed with distrust.
(H) Any fact in controversy may be established through direct, indirect or circumstantial evidence. Direct evidence is that which proves the fact in controversy without inference or presumption and which, if true, establishes the fact conclusively. Indirect or circumstantial evidence is that which tends to establish the fact in controversy by proving another one from which-together with other established facts-one could reasonably infer the fact in controversy.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter II - Judicial Notice › Rule 11 - Judicial notice of adjudicative facts

(A) Courts may take judicial notice of facts which are not reasonably subject to dispute because:
(1) They are generally known within the territorial jurisdiction of the court, or
(2) they are capable of accurate and ready determination by resorting to sources whose accuracy cannot reasonably be questioned.
(B) Courts may take judicial notice on their own initiative and shall take judicial notice when requested by a party if it provides the court with enough information to enable it to take such notice.
(C) The party requesting the taking of judicial notice of a fact shall notify its request to the adverse party in order to give the latter an opportunity to prepare and meet the request, if it so desires. A party is entitled to an opportunity to be heard as to the propriety of taking judicial notice.
(D) Courts may take judicial notice at any stage of the proceedings, including the appellate stage.
(E) In criminal trials by jury, the judge shall instruct the jurors that they shall accept as conclusive any fact judicially noticed.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter II - Judicial Notice › Rule 12 - Judicial notice of questions of law

(A) Courts shall take judicial notice of the Constitution and laws of the Commonwealth of Puerto Rico and of the Constitution and laws of the United States of America.
(B) Courts may take judicial notice of the statutes and the law of the states and territories of the United States of America, as well as of the rules and regulations of the Commonwealth of Puerto Rico and of the United States of America.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 13 - Definitions

(A) A presumption is a deduction of fact the law authorizes or requires to be made from another fact or group of facts previously established in the action. Said previously established fact or group of facts are called basic fact; the fact deduced by presumption is called the presumed fact.
(B) A presumption is conclusive when the law does not allow the introduction of evidence to destroy or rebut the presumption, that is, to show the nonexistence of the presumed fact. All other presumptions are rebuttable.
(C) This chapter only refers to rebuttable presumptions.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 14 - Effect of presumptions in civil actions

In a civil action, a presumption imposes on the party against whom it is directed the burden of proving the nonexistence of the presumed fact. If the party against whom the presumption is established fails to offer evidence showing the nonexistence of the presumed fact, the trier shall accept the existence of said fact. If evidence is introduced in support of a determination as to the nonexistence of said fact, the party wishing to rebut the presumption shall persuade the trier that nonexistence of the presumed fact is more likely than its existence.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 15 - Effect of presumptions in criminal cases

(a) In a criminal action, when a presumption affects the defendant, it has the effect of imposing upon him the burden of producing evidence to rebut the presumed fact, save statutory provisions to the contrary. If reasonable doubt arises from the evidence regarding the presumed fact, the presumptions shall be rebutted. The presumption shall not change the burden of proof as to the elements of the crime or rebut a defense asserted by the defendant.
(b) When the presumption is favorable to the defendant, it shall have the same effect as what was provided in Rule 14 of this appendix.
(c) When instructing the jury as to the effect of a presumption against the defendant, it shall be stated that:
(1) It shall suffice for the defendant to raise a reasonable doubt as to the presumed fact to rebut the presumption, and
(2) the jury is not bound to deduce the presumed fact, even when the defendant did not offer any evidence to the contrary, but the jury may be instructed that if it considers that the basic fact has been proved, it may deduce or infer the presumed fact.
History —Aug. 6, 2008, No. 160, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter III - Presumptions › Rule 17 - Incompatible presumptions

In case two (2) incompatible presumptions arise, as when two (2) facts which are inconsistent among themselves are proved, the prevailing presumption shall be the one based on considerations of logic and public policy; if the court deems that one consideration does not outweigh the other, both presumptions shall be disregarded.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter IV - Admissibility and Relevance › Rule 18 - General principle

(a) Relevant evidence is that which:
(1) Tends to make the existence of any fact in controversy or necessary for the adjudication of the action more probable or less probable than it would be without such evidence, or
(2) is useful to challenge or sustain the credibility of a witness or deponent.
(b) All relevant evidence is admissible, except as otherwise provided by these rules or by statute. Evidence which is not relevant is not admissible.
History —Amended on Sept. 29, 2004, No. 504, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix IV - Rules of Evidence for the General Court of Justice, 1979 › Chapter IV - Admissibility and Relevance › Rule 19 - Relevant evidence excluded

Relevant evidence may be excluded when its probative value is substantially outweighed by any of these factors:
(a) Danger of causing unfair prejudice
(b) probability of confusion
(c) jury is misled
(d) delay in the proceedings
(e) needless presentation of cumulative evidence.