2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 253 - Labor Claims (§§ 3101 — 3133) › § 3120 - Court order for defendant to file an answer; notice; answer; application of Rules of Civil Procedure

The clerk of the court shall serve notice on the defendant, with a copy of the complaint, warning him that he shall file his answer in writing, with proof of having served copy thereof on counsel for complainant, or on the latter if he has appeared in his own right, within ten (10) days after said service of notice, if made in the judicial district where the action is instituted, and within fifteen (15) days in all other cases, and also warning said defendant that, should he fail to do so, judgment shall be entered against him, granting the remedy sought, without further summons or hearing. The judge may extend the term to answer only on motion of the defendant, which shall be served on counsel for complainant, or on the latter if he appears in his own right, setting forth under oath the reasons said defendant may have therefor, if from the face of such motion the judge finds just cause. In no other case shall the court have jurisdiction to grant such extension.
The marshal or a private person shall serve the notice of the clerk of the court on the defendant. Where defendant is not found, the order shall be served on the person who in any manner represents said defendant in the factory, shop, establishment, farm, or place where the work originating the claim was performed, or in his office or residence. Where notice cannot be served on defendant as above provided, he shall then be summoned as prescribed by the Rules of Civil Procedure for these cases.
Defendant shall answer in one sole responsive plea in which he shall include all his defenses and objections, it being understood that he waives all defenses and objections not embodied in said plea.
In all cases prosecuted under §§ 3118—3132 of this title, the Rules of Civil Procedure shall govern insofar as they are not in conflict with the specific provisions of these sections or with the summary nature of the procedure hereby established; Provided, in relation with the pretrial means of disclosure authorized by the Rules of Civil Procedure, That the defendant may not use them to obtain information which must appear in the records, payrolls, wage lists and other records which the employers are bound to keep under the provisions of the Minimum Wage Act and the regulations promulgated thereunder, except any testimony given or document submitted by the complainant in any judicial action; And That neither party may submit more than one interrogatory or deposition, nor shall a party take a deposition from the other after having submitted in interrogatory thereto, nor submit an interrogatory to the other party after having taken a deposition therefrom, except under exceptional circumstances which, in the judgment of the court, justify the granting of another interrogatory or another deposition. The taking of depositions from the witnesses shall not be permitted without authorization of the court, after ascertaining the necessity of using said procedure.
The information obtained by the Secretary of Labor and Human Resources or his duly authorized agents in the course of the investigations made in the exercise of the powers granted in the Minimum Wage Act and in the Organic Act of the Department of Labor and Human Resources, §§ 304 et seq. of Title 3 shall be of a privileged and confidential nature and may only be disclosed by authorization of the Secretary of Labor and Human Resources.
In no case prosecuted under §§ 3118-3132 of this title may the complainant workman or employee be countersued or countercharged for any cause.
History —Oct. 17, 1961, No. 2, p. 447, § 3; Feb. 5, 1979, No. 8, p. 17.