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 II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.3.1 - Waiver of summons; duty of defendant to avoid the expenses of the processing of a summons

(a) A defendant who waivers a summons does not waiver raising the defense of lack of standing, or requesting the transfer of the case to a court with jurisdiction.
(b) A person of legal age, corporation, company, partnership, association, or any other legal person notified that a claim has been raised against him has the duty to avoid the expenses for the processing of a summons.
(c) The claimant may notify the defendant that a claim has been raised against him and, in said notification, request that the defendant waiver the summons. The notification:
(1) Must be in writing and addressed to the defendant, if it is an individual, or to an official, administrative manager or general agent, or to any other agent authorized to receive summonses by means of appointment or legal designation, in the case of a corporation, company, partnership, association, or any other legal person.
(2) Must be sent by certified mail with return receipt requested, or by other reliable means that confirm the receipt of the document.
(3) Must be accompanied by a copy of the claim and must identify the court at which it was filed.
(4) Must inform the defendant of the consequences entailed by compliance or non compliance with the request.
(5) Must allow the defendant a reasonable term to return the waiver, which shall be of at least thirty (30) days, starting on the date in which the request was sent, or sixty (60) days from that date if the defendant is abroad.
(6) Must provide the defendant with an additional copy of the request, as well as a self-addressed envelope.
If the defendant does not fill out the waiver request, the court shall impose upon same the payment of the expenses incurred in the processing of the summons. However, the court shall not impose the payment of such expenses if the defendant is able to show just cause for not having filled out the waiver request.
(d) A defendant who promptly returns the summons waiver shall not have to answer the claim until after sixty (60) days after the date in which the request was sent to him, or ninety (90) days, if the defendant is abroad.
(e) The date of the notification of the claim and the summons shall be the same as that in which the claimant submits the summons waiver to the court.
(f) The expenses to be paid by the defendant that does not comply with the request for the summons waiver shall be those incurred by the claimant for the processing of the summons, in addition to the expenses incurred in attorney’s fees for the preparation of the motion requesting payment of the expenses for the summons.
History —Rules of Civil Proc. 1979, added on Jan. 2, 2003, No. 34, § 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 II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.6 - Service on unknown defendants

When unknown defendants must be served with process, service shall be made by publication under the provisions of Rule 4.5, substantially complying with said provisions wherever possible.
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 II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.7 - Service on a person not domiciled in Puerto Rico

(a) Whenever the person to be served is not domiciled in Puerto Rico, the General Court of Justice shall take jurisdiction over said person if the action or claim arises because said person:
(1) Transacted business in Puerto Rico personally or through an agent; or
(2) participated in tortious acts within Puerto Rico personally or through his agent; or
(3) was involved in an automobile accident while driving a motor vehicle in Puerto Rico personally or through his agent; or
(4) was involved in an accident in Puerto Rico while operating, personally or through his agent, a freight or passenger transportation business in Puerto Rico, between Puerto Rico and the United States or between Puerto Rico and a foreign country, or if, in the operation of said business, an accident occurs outside Puerto Rico and the contract had been executed in Puerto Rico; or
(5) owns, uses or possesses, personally or through his agent, real property in Puerto Rico.
(b) In said cases, service shall be made pursuant to Rule 4.5.
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 II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.8 - Return

Proof of service shall be made by the process server and filed with the court within the term to appear granted to the person on whom process was served. If service is made by a marshal, his proof shall consist of the corresponding return; and if made by another person, proof of service shall be made by affidavit. If service is made by publication, the same shall be proved through an affidavit made by the newspaper’s manager or authorized agent, together with a copy of the notice and with an affidavit stating that a copy of the summons and of the complaint were mailed. In the cases where process is served under Rules 4.5 and 4.7, defendant’s return receipt will also be presented. Failure to make proof of service shall not affect the validity of the service. The sworn acceptance or waiver of the defendant, or his appearance, shall make said proof unnecessary.
History —Aug. 12, 1995, No. 198, § 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 II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.9 - Amendment

At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 5 - Pleadings allowed › Rule 5.1 - Pleadings

The pleadings allowed are a complaint and an answer; a counterclaim and a reply; a cross-claim and an answer; a third-party complaint if a person who was not an original party is served with process pursuant to Rule 12; and a third-party answer if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
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 III - PLEADINGS AND MOTIONS › Rule 5 - Pleadings allowed › Rule 5.2 - Action by stipulation of facts

When there is a controversy that may give rise to a suit, the parties need not file pleadings, but rather may file with the court a stipulation of facts together with a sworn statement showing that there exists a real and effective controversy between the parties and that the stipulation is filed in good faith so that the court may determine the rights of the parties. If the court determines that a controversy exists, the proceedings shall be governed 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 III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.1 - Claims for relief

A pleading which sets forth a claim for relief, whether a complaint, counterclaim, cross-claim or third-party complaint, shall contain (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and (2) a prayer for the relief to which he deems himself entitled. Relief in the alternative or of several different types may be demanded.
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 III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.2 - Defenses; form of denials

A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he does not have knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this shall have the effect of a denial. Denials shall attack the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify the part of it that is true and material and shall deny only the rest. A party may specifically deny each one of the averments or paragraphs of the preceding pleading, or he may make a general denial of all the averments or paragraphs of said pleading, except for the averments or paragraphs he expressly admits; but if the party intends to deny, in good faith, all the averments of the preceding pleading he may do so by general denial subject to what has been set forth in Rule 9.
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 III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.3 - Affirmative defenses

When answering a preceding pleading, the following defenses shall be set forth affirmatively: compromise, accord and satisfaction, arbitration and award, assumption of risk, negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, lack of diligence, authorization, payment, release, res judicata, prescription, limitation of actions, waiver and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim, or a counterclaim as a defense, the court, if justice so requires and on the terms it deems appropriate, shall treat the pleading as if there had been a proper designation.
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 III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.4 - Effect of failure to deny

Averments contained in any pleading to which a responsive pleading is required, other than those referring to the amount of damages, shall be deemed admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or explained.
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 III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.5 - Pleading to be concise and direct; inconsistency

(a) Each averment of a pleading shall be simple, concise and direct. No technical forms of pleadings or motions are required.
(b) A party may set forth two (2) or more statements of a claim or defense alternately or hypothetically. When two (2) or more statements are made in the alternative, and one of them would have sufficed if made independently, the pleading will not be considered insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of their inconsistency. All statements shall be made subject to the obligations set forth in Rule 9.
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 III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.6 - Construction of pleadings

All pleadings shall be so construed as to do substantial 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 III - PLEADINGS AND MOTIONS › Rule 6 - General Rules of pleading › Rule 6.7 - Rules on extension of time

Extension of time shall only be granted in meritorious circumstances that outweigh the rigorous criteria of the judge, who should always strive to comply with the terms prescribed, for they are a vital element in the speedy and just disposition of cases.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.1 - Capacity

It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an artificial person that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued, or the authority of a party to sue and be sued in a representative capacity, he shall do so by specific negative averment which shall include such particulars as are peculiarly within his knowledge.
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 III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.2 - Fraud, mistake or condition of the mind

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated in detail. Malice, intent, knowledge, and any other attitude or condition of the mind of a person may be averred in general terms.
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 III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.3 - Time and place

For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material nature.
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 III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.4 - Special damages

When special damages are claimed, the nature of the different items shall be specifically stated.
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 III - PLEADINGS AND MOTIONS › Rule 7 - Pleading special matters › Rule 7.5 - Description of real property

A pleading claiming a right over real property shall describe the same so accurately as to make its identification possible.
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 III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.1 - Caption

Every pleading shall have a caption which sets forth the name of the court, specifying the part thereof, the title of the action, the file number and its designation in accordance with Rule 5.1. In the complaint, the title of the action shall include the names of all the parties, but in the other pleadings it shall be sufficient to state the name of the first litigant of each party with a reference indicating the existence of other parties.
History —Amended on Dec. 25, 1995, No. 249, § 8, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.2 - Paragraphs; separate statements

All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited, as far as practicable, to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction, or occurrence, and each defense other than denials, shall be stated in a separate claim or defense whenever a separation facilitates the clear presentation of the matters set forth.
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 III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.3 - Adoption by reference and exhibits

Any statement in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or motion. A copy of any written document which is an exhibit to a pleading will be considered a part thereof for all purposes.
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 III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.4 - Motions

(a) An application to the court for an order shall be made by motion which, unless made during a hearing or trial, shall be made in writing, setting forth with particularity the grounds and arguments on which it is based and the relief or order sought. It shall also be accompanied by any document or affidavit necessary to decide the same.
Any party opposing a motion shall file its opposition within ten (10) days after service of the motion. Said opposition shall be accompanied by any document or affidavit necessary to decide the same. If no opposition is filed within said period of ten (10) days, the motion shall be taken to be submitted for decision unless the opposing party requests an enlargement of time before the expiration of said ten (10) days and the court grants the same.
Motions shall be taken under advisement without a hearing unless the court motu proprio or at the request of a party decides to set a hearing therefor at its discretion. This rule shall not apply to those motions that either as provided by law or by these rules require that a hearing be held.
(b) Pre-trial motions for continuance or removal of a hearing shall be made in writing and shall set forth the grounds therefor. A motion for continuance may be presented orally only on the day of the hearing and for unexpected, extraordinary reasons not subject to the control of the parties or their attorneys. If just cause for the continuance appears from the face of the motion, the judge shall issue a written solution setting forth the grounds for granting the continuance or for removing the case, a copy of which shall be sent to the Administrative Judge.
Any stipulation to continue a hearing must be approved by the judge presiding over the case.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.5 - Language

Pleadings, applications and motions shall be written in Spanish. Pleadings that must be signed by a party or another person who does not know Spanish may be drawn in said party’s or person’s native language as long as they are accompanied by the necessary copies in Spanish.
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 III - PLEADINGS AND MOTIONS › 8 - Form of pleading and motions › Rule 8.6 - Other papers

The rules applicable to captions, signatures and other matters related to the form of the pleading apply to all motions and other papers.
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 III - PLEADINGS AND MOTIONS › Rule 9 - Signing of Papers › Rule 9 - Signing of Papers

Every paper of a party represented by an attorney shall be signed by at least one attorney of record in his individual name, whose address and telephone number shall be stated. A party who is not represented by an attorney shall sign his paper and state his address and telephone number, if any. The attorney or party shall forthwith notify the court, under the caption of the case, any change in address or telephone. Except when otherwise specifically provided by rule or statute, papers need not be verified or accompanied by affidavit. The signature of an attorney constitutes a certificate by him that he has read the paper; that to the best of his knowledge, information or belief there is good ground to support it; and that it is not interposed to cause delay or to pressure. If a paper is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the paper had not been served. An attorney may be penalized for a wilful violation of this rule. Similar action may be taken if scandalous or indecent matter is inserted or offensive or vile language is used.
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 III - PLEADINGS AND MOTIONS › Rule 10 - Defenses and objections › Rule 10.1 - When presented

A defendant shall serve his/her answer within twenty (20) days after being served with a copy of the summons and the complaint against him/her. Should the summons be served pursuant to the provisions of Rule 4.5, the defendant shall serve his/her reply within thirty (30) days after the publication of the edict. A party being served with a pleading that states a cross-claim against him/her shall serve a copy of his/her answer to the aforesaid within ten (10) days after being served. The plaintiff shall serve his/her reply to a counterclaim thus denominated in the reply, within ten (10) days after service of the answer or, if a reply is ordered by the court, within ten (10) days after service of the order, unless the order provides otherwise. When the Commonwealth of Puerto Rico, its officials, or any of its instrumentalities, other than a public corporation, and the municipalities of Puerto Rico are parties to a complaint, any party shall serve its answer to the complaint, its answer to a cross-claim against it, or its reply to a counterclaim, within an unextendable term of sixty (60) days after being served with copy of the summons and complaint.
Service of a motion allowed under this rule alters the above prescribed terms as follows, unless a different term is fixed by order of court: (1) if the court denies the motion or postpones its decision until the trial is held on its merits, the corresponding pleading shall be served within ten (10) days after notice of the court order; (2) if the court grants a motion for a more definite statement, a copy of the reply brief shall be served within ten (10) days after the service of the more definite statement.
History —Amended on Aug. 4, 1979, No. 179, p. 575, § 1; July 5, 1988, No. 66, p. 297, § 1; Dec. 10, 1993, No. 125, § 1, eff. 30 days after Dec. 10, 1993.
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 III - PLEADINGS AND MOTIONS › Rule 10 - Defenses and objections › Rule 10.2 - How presented

Every defense, in law or fact, to a claim for relief in any pleading, whether a complaint, counterclaim, cross-claim or third-party complaint, shall be asserted in the responsive pleading thereto, if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) insufficiency of process; (4) insufficiency of service of process; (5) failure to state a claim upon which relief can be granted; (6) failure to join an indispensable party. A motion making any of these defenses shall be made before pleading, if a further pleading is permitted. No defense or objection is waived by being joined with one or more defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (5), matters outside the pleading being attacked are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 36 until its final disposition, and all parties shall be given reasonable opportunity to present all material pertinent to such motion under said rule.
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 III - PLEADINGS AND MOTIONS › Rule 10 - Defenses and objections › Rule 10.3 - Motion for judgment on the pleadings

After all pleadings have been presented, but within such time as not to delay the trial, any party may move for judgment on the pleadings. If on such a motion matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment, shall be subject to Rule 36 until final disposition, and all parties shall be given reasonable opportunity to present all material pertinent to such motion under said rule.
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 III - PLEADINGS AND MOTIONS › Rule 10 - Defenses and objections › Rule 10.4 - Preliminary hearings

The defenses specifically enumerated (1) to (6) in Rule 10.2, whether made in a pleading or by motion, the motion for judgment mentioned in Rule 10.3, and the motion to strike mentioned in Rule 10.6 shall be determined before trial unless the court orders that the determination thereof be deferred until the trial.
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 III - PLEADINGS AND MOTIONS › Rule 10 - Defenses and objections › Rule 10.5 - Motion for more definite statement

If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within ten (10) days after notice, or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
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 III - PLEADINGS AND MOTIONS › Rule 10 - Defenses and objections › Rule 10.6 - Motion to strike

Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted, upon motion made by a party within ten (10) days after the service of the pleading upon him or upon the eourt’s own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent or scandalous matter.
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 III - PLEADINGS AND MOTIONS › Rule 10 - Defenses and objections › Rule 10.7 - Consolidation of defenses

A party who makes a motion under this Rule 10 may join with it the other motions herein provided for and then available to him. If a party makes a motion under this Rule 10 and omits therefrom any of the defenses or objections then available to him which such Rule 10 permits to be raised by motion, he shall not thereafter make a motion based on the defenses or objections so omitted, except a motion as provided in Rule 10.8(b), and based on the grounds expressed in said Rule 10.8(b).
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 III - PLEADINGS AND MOTIONS › Rule 10 - Defenses and objections › Rule 10.8 - Waiver of defenses

(a) A defense of lack of jurisdiction over the person, insufficiency of process or insufficiency of service of process is waived (1) if it is not included in a motion for joinder of defenses under Rule 10.7, or (2) if it is not made by motion, as provided in this Rule 10, nor included in a responsive pleading or in an amendment not requiring permission of the court, pursuant to that provided in Rule 13.1.
(b) The defense of failure to state a claim upon which relief can be granted, the defense of failure to join an indispensable party as provided in Rule 16, and the objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 5.1, or by motion for judgment on the pleadings, or at the trial.
(c) Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, 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 III - PLEADINGS AND MOTIONS › Rule 11 - Counterclaim and cross-claim › Rule 11.1 - Compulsory counterclaims

A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. However, such a claim need not be stated as a counterclaim if at the time the action was commenced the claim was the subject of another pending 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 III - PLEADINGS AND MOTIONS › Rule 11 - Counterclaim and cross-claim › Rule 11.2 - Permissive counterclaims

A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of said party’s claim.
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 III - PLEADINGS AND MOTIONS › Rule 11 - Counterclaim and cross-claim › Rule 11.3 - Scope of the counterclaim

A counterclaim may or may not diminish or defeat the recovery sought by the opposing party and it may also claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 11 - Counterclaim and cross-claim › Rule 11.4 - Counterclaim against the Commonwealth of Puerto Rico

These rules shall not be construed to enlarge beyond the limits fixed by law the right to assert counterclaims or to claim credits against the Commonwealth of Puerto Rico or an officer or agency thereof.
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 III - PLEADINGS AND MOTIONS › Rule 11 - Counterclaim and cross-claim › Rule 11.5 - Counterclaim by supplemental pleading

A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by supplemental pleading.
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 III - PLEADINGS AND MOTIONS › Rule 11 - Counterclaim and cross-claim › Rule 11.6 - Omitted counterclaim

When a pleader fails to set up a counterclaim through oversight, inadvertence or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment.
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 III - PLEADINGS AND MOTIONS › Rule 11 - Counterclaim and cross-claim › Rule 11.7 - Cross-claim against co-party

A cross-claim may state any claim arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
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 III - PLEADINGS AND MOTIONS › Rule 11 - Counterclaim and cross-claim › Rule 11.8 - Joinder of additional parties

Persons other than parties to the original action may be brought in as parties in a counterclaim or cross-claim, as provided in Rules 16 and 17.
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 III - PLEADINGS AND MOTIONS › Rule 12 - Third-party practice › Rule 12.1 - When defendant may bring in third party

At any time after commencement of the action, the defendant may, as a third-party plaintiff, serve a summons and a complaint upon a person not a party to the action and (1) who is or may be liable to him for all or part of the plaintiff’s claim, or (2) who is or may be liable to the plaintiff exclusively.
The person so served, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff’s claim as provided in Rule 10, and shall assert his counterclaims against the third-party plaintiff’s claim and his cross-claims against any other third-party defendants, as provided in Rule 11.
The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff’s claim. The third-party defendant may also assert any claim arising out of the action, omission or event that is the subject of the original claim in the action against the plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the action, omission or event that is the subject of the plaintiff’s original claim in the action, and the third-party defendant shall then assert his defenses as provided in Rule 10 and his counterclaims and cross-claims as provided in Rule 11.
A party may move for severance, for a separate trial or for the dismissal of the third-party claim and the court may render judgment on the original claim or on the third-party claim only in accordance with the terms of Rule 43.5. A third-party defendant may proceed under this Rule 12 against any person not a party to the action who is or may be liable to him, to the plaintiff, or the third-party plaintiff for all or part of the claim made in the action against the third-party defendant.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 12 - Third-party practice › Rule 12.2 - When plaintiff may bring in third party

When a claim is asserted against a plaintiff, he may proceed in the same way as the defendant in acccordance with Rule 12.1.
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 III - PLEADINGS AND MOTIONS › Rule 13 - Amended and supplemental pleadings › Rule 13.1 - Amendments

A party may amend his pleading once at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been set for trial, he may amend it at any time within twenty (20) days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within twenty (20) days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
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 III - PLEADINGS AND MOTIONS › Rule 13 - Amended and supplemental pleadings › Rule 13.2 - Amendments to conform pleadings to the evidence

When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense. The court may grant a continuance to enable the objecting party to meet such evidence.
The provisions of Rules 43.6 and 67.1 shall apply whenever a party is found in default for failure to appear.
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 III - PLEADINGS AND MOTIONS › Rule 13 - Amended and supplemental pleadings › Rule 13.3 - Relation back of amendments

Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth in the original pleading, the amendments shall relate back to the date of the original pleading. An amendment changing the party against whom a claim is asserted shall relate back to the date of the original pleading if, after complying with the foregoing requirement and within the term provided for, the party brought through the amendment:
(1) Knew of the pending cause of action so that he is not prejudiced in maintaining his defense on the merits, and
(2) if it had not been for a mistake as to the identity of the person actually liable, the action would have been brought originally against him.
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 III - PLEADINGS AND MOTIONS › Rule 13 - Amended and supplemental pleadings › Rule 13.4 - Supplemental pleadings

Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions, occurrences or events which have happened since the date of the pleading sought to be supplemented even if the original claim is inadequate in stating its claim for relief. If the court deems it advisable that the adverse party plead thereto, it shall so order, specifying the time therefor.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 14 - Joinder of claims › Rule 14.1 - Joinder of claims

A party asserting a claim in a complaint, counterclaim, cross-claim or third-party complaint may join, either as independent or as alternate claims, as many claims as he may have against an opposing party.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part III - PLEADINGS AND MOTIONS › Rule 14 - Joinder of claims › Rule 14.2 - Joinder of contingent claims

Whenever a claim is one cognizable only after another claim has been prosecuted to a conclusion, the two (2) claims may be joined in a single action. The court shall not decide on the contingent claim until there is a judgment on the principal claim.
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 IV - PARTIES › Rule 15 - Capacity to appear as plaintiff or defendant › Rule 15.1 - Real party in interest

Every action shall be prosecuted in the name of the real party in interest, but a person authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought; and when so provided by statute, a claim for the benefit of another may be brought in the name of the Commonwealth of Puerto Rico. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest, and such ratification, joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
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 IV - PARTIES › Rule 15 - Capacity to appear as plaintiff or defendant › Rule 15.2 - Minors and incompetent persons

(a) A minor shall appear by his father or mother with patria potestas or, in their defect, by his general guardian. A person of legal age or who has been emancipated and who has been declared incompetent by a court shall appear by his general guardian. However, the court may appoint a guardian ad litem for an infant or an incompetent person as it deems proper or as provided by law.
(b) In the cases provided for in the last sentence of Rule 4.4(c) and in Rule 22.2, the court shall determine the party’s mental condition, and if deemed convenient and proper, the court shall appoint a guardian ad litem.
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 IV - PARTIES › Rule 15 - Capacity to appear as plaintiff or defendant › Rule 15.3 - Defendants under a common name

Whenever two (2) or more persons do business under a common name, regardless of whether or not said name contains the names of said persons, they may be sued under the common name and service upon one of them shall be sufficient.
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 IV - PARTIES › Rule 15 - Capacity to appear as plaintiff or defendant › Rule 15.4 - Defendant whose name is not known

Whenever a plaintiff does not know the true name of a defendant, he shall so state in the complaint, setting forth the specific claim he allegedly has against said defendant. In said case, the plaintiff may designate said defendant in any pleading or proceeding with a fictitious name, and upon discovery of the true name, he shall forthwith make the corresponding amendment in the pleading 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 IV - PARTIES › Rule 16 - Indispensable joinder of parties › Rule 16.1 - Indispensable joinder

Persons having a joint interest and who are indispensable for the adjudication of the controversy shall be made parties and joined as plaintiffs or defendants, as the case may be. When a person who should join as a plaintiff refuses to do so, he may be made a defendant.
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 IV - PARTIES › Rule 16 - Indispensable joinder of parties › Rule 16.2 - Joinder of parties not indispensable

The court may order the appearance of persons subject to its jurisdiction who, although not indispensable, ought to be joined if complete relief is to be accorded to those already parties.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › 17 - Permissive joinder of parties › Rule 17.1 - Permissive joinder

Any number of persons may join in one action as plaintiffs or defendants if they assert a claim for relief or one is asserted against them jointly, severally or, in the alternative, in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences, and if any question of law or fact common to all of them will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
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 IV - PARTIES › 17 - Permissive joinder of parties › Rule 17.2 - Orders to avoid prejudice

The court may make such orders as it deems necessary to avoid difficulties, delays or expenses to a party by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, may order separate trials or make other orders to prevent delay or prejudice, and may render judgment on a claim by or against one or more parties, pursuant to Rule 43.5.
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 IV - PARTIES › Rule 18 - Misjoinder of Parties › Rule 18 - Misjoinder of Parties

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.