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 VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.2 - Bill of appeal

(a) The bill of appeal:
(1) Shall specify the names of the appellant parties;
(2) shall specify any other petition on the same case pending on the date of filing;
(3) shall indicate the court of appeals before which the appeal is made;
(4) shall specify the cites of the legal principles establishing the jurisdiction and venue of the court of appeals;
(5) shall designate the judgment or part thereof which is appealed;
(6) shall contain a true and concise statement of the facts of the case;
(7) shall contain the issues and discussion of the errors that, in the opinion of the appellant, were committed by the respondent court;
(8) shall indicate and discuss the constitutional issue or issues set forth, when the law requires it; and
(9) in appeals before the Circuit Court of Appeals, the appendix provided in Rule 54.4.
(b) The filing of a writ of appeal shall constitute the argument of the appellant. No statement of error omitted or not discussed in the writ of appeal shall be considered.
(c) Whenever the weighing of evidence made by the Court of First Instance is questioned, the appellant may file a supplementary argument thirty (30) days following the approval of the statement of evidence or the submittal of the transcript, with the purpose of referring to the portions of the statement or of the transcript that are relevant to their statements of error.
(d) The petitioner shall serve notice of the filing of the bill of appeal to all parties or their attorney of record, within the term to appeal and in the form prescribed in Rule 67.
History —Amended on Dec. 25, 1995, No. 249, § 20, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.3 - Writ of certiorari

(a) The writ of certiorari:
(1) Shall specify the names of the petitioning parties;
(2) shall specify any other remedy on the same case that is pending on the date of filing;
(3) shall indicate the court of appeals before which the petition is resorted to;
(4) shall specify the cites of the legal provisions establishing the jufisdiction and venue of the court of appeals;
(5) shall designate the judgment, resolution or order or part thereof from which the petition is resorted;
(6) shall contain a true and concise statement of the facts of the case;
(7) shall contain the issues and discussion of the errors that in the opinion of the appellant, were committed by the respondent court;
(8) in writs of certiorari before the Circuit Court of Appeals, the appendix provided in Rule 54.4.
(b) The petitioner shall serve notice of the filing of the writ of certiorari to all parties or their legal counsels of record, within the term to file the writ and in the manner prescribed in Rule 67.
History —Amended on Dec. 25, 1995, No. 249, § 21, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.4 - Petition for certification

The petition for certification shall specify the names of the petitioners; shall designate the case pending in the Circuit Court of Appeals; and shall briefly state the urgent circumstances of the case that warrant a departure from the ordinary proceeding, and a direct adjudication by the Supreme Court. Upon filing the petition, the appellant shall serve it to all the parties in the manner provided in Rule 67.
When the certification has been issued by a Federal Court or by a State Court of any of the States of the Union, the process to be followed shall be the one set forth by the Supreme Court of Puerto Rico in its regulations to that effect.
History —Amended on Dec. 25, 1995, No. 249, § 22, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.5 - Opposition to issuance of writ

The parties may file their opposition to the issuing of the writ within ten (10) days after service of the writ of certiorari or certification, or within the additional term granted by the court.
History —Amended on Dec. 25, 1995, No. 249, § 23, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.6 - Appeal and certiorari docket to the Circuit Court of Appeals; docket in other remedies

The appeal and certiorari docket to the Circuit Court of Appeals shall consist of the appendixes to the arguments of the parties, pursuant to Rule 54.4, to which the oral statement of proof shall be attached, if applicable, pursuant to Rule 54.2. In every case, the Circuit Court of Appeals, on its own initiative or by petition of a party, may order the original record to be referred at any time.
The Supreme Court shall regulate all matters concerning the docket in writs of certiorari, certification and appeal before it.
History —Amended on Dec. 25, 1995, No. 249, § 25, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.7 - Referral of the record on appeal in cases proceeding from the Court of First Instance

(a) When the Circuit Court of Appeals orders the original records to be referred, the clerk of the part of the Court of First Instance that issued the appealed judgment, shall refer the same along with an index and a certification adequately identifying it, and shall serve notice thereof to the parties. The clerk shall have a term of thirty (30) days from the date of notice of the order of the Circuit Court of Appeals to refer the original record, unless the Circuit Court of Appeals extends such term.
(b) The original record shall be prepared and referred pursuant to these rules and to those approved by the Supreme Court. The term provided herein shall be extendible, for just cause, by order of the Circuit Court of Appeals, for a term not to exceed sixty (60) days, and pursuant to the rules approved by the Supreme Court. If the Clerk of the Court of First Instance has not remitted the original record within the term of the extension granted, the appellant shall immediately resort to the Circuit Court of Appeals for it to act as deems proper in support of its competence.
(c) If the appellant fails to arrange the remittal of the record of the petition in the form and terms provided herein, the appeal shall be deemed as abandoned, and can be dismissed by the Circuit Court of Appeals.
(d) It shall not be necessary for the Court of First Instance to approve the original record. If any discrepancy should arise as to whether the record faithfully reflects what has occurred in said court, it shall settle the dispute and conform the record to the truth. If by error or chance any portion of the record which may be material for any of the parties is omitted or stated mistakenly, the parties, by stipulation, or the Court of First Instance, before remitting the original record, by request of a party or on its own initiative, may remedy the omission or correct the error. When the Court of First Instance makes the correction it shall direct its clerk to certify and remit a supplementary record to the Circuit Court of Appeals. Any other matter related to the content and form of the record shall be set forth before the Circuit Court of Appeals.
(e) When there is more than one appeal in the same case, only one record shall be prepared without duplication. Any issue raised or stipulated by the parties shall be included therein.
History —Amended on Dec. 25, 1995, No. 249, § 26, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.8 - Transfer of file of writ of certification

The file of the writ of certification provided in Rule 54 shall be transferred to the Supreme Court within five (5) days after said writ of certification has been issued by said court, unless the Supreme Court provides through an order, a longer term that shall not exceed thirty (30) days.
History —Amended on Dec. 25, 1995, No. 249, § 27, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule §53.9 - Stay of proceedings

(a) Once a bill of appeal is filed, all further proceedings in lower courts regarding a judgment or any part thereof which is appealed, or the issues contained therein, shall be stayed, except for an order to the contrary, issued on its own initiative or by petition of a party thereto by the court of appeals; but the Court of First Instance may continue the action with regard to any matter involved therein which is not included in the appeal, provided that the proceedings in the Court of First Instance shall not be stayed whenever the judgment orders the sale of goods susceptible to loss or damage, in which case the Court of First Instance may order such goods to be sold and the proceeds deposited until the appellate court has pronounced judgment.
(b) The filing of a writ of certiorari shall not stay the proceedings in the respondent court, except for an order to the contrary issued by the court of appeals on its own initiative or by petition of a party. The issuing of a writ of certiorari shall stay the proceedings in the respondent court, except in the case of a writ of certiorari issued by the Circuit Court of Appeals to review a resolution or order of the Court of First Instance pursuant to § 22k(f) of Title 4.
(c) The filing of a writ for certification shall not stay the proceedings in the Circuit Court of Appeals of the Court of First Instance, except when the Supreme Court issues an order to the contrary, on its own initiative or by petition of a party. Insofar as temporary restraining orders and injunctions are concerned, they shall be governed by the provisions of Rule 57.6.
(d) The effects of an appealed judgment shall not be stayed, except through an order to the contrary issued in its own initiative or upon petition of a party by the court of appeals, which includes any of the following remedies:
(1) An injunction, mandamus or restraining order;
(2) an order to pay child support;
(3) an order on custody on filial relations.
History —Amended on Dec. 25, 1995, No. 249, § 28, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.10 - Processing and execution of the appeals before the Supreme Court and of the writs of certiorari and certification

The Supreme Court shall regulate what is concerned with the processing and execution of the appeals before it and of the writs of certiorari and certification, pursuant to the applicable law and to the pertinent provisions of these rules.
History —Added on Dec. 25, 1995, No. 249, § 29, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 53 - Procedure to file an appeal, a writ of certiorari and a petition for certification › Rule 53.11 - Powers of the courts of appeal

In situations not foreseen in the law, these rules or the rules approved by the Supreme Court, the Supreme Court as well as the Circuit Court of Appeals shall prosecute the procedure in the form that, in their best judgment, will serve the best interests of all the parties involved.
The Supreme Court and the Circuit Court of Appeals reserve the power to waive terms, briefs or specific procedures in any case under their consideration, in order to attain its most efficient and fair dispatch.
History —Added on Dec. 25, 1995, No. 249, § 30, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.1 - Documents that shall constitute the record on appeal

The appeals before the Circuit Court of Appeals shall be heard in consideration of the documents required by these rules, and upon the statement of evidence, or of the transcript of the oral evidence, when proper under this Rule, which shall constitute the record in such cases.
History —Amended on Dec. 25, 1995, No. 249, § 31, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.4 - Appeal docket and certiorari before the Circuit Court of Appeals; appendix

(a) Every bill of complaint and every writ of certiorari shall include an appendix. Said appendix, along with the appendix of the appealed party’s brief, shall constitute the docket of appeal or certiorari before the Circuit Court of Appeals, unless the court orders the same to be omitted, and the original records to be referred.
(b) The following documents shall compose the appendix of the initial bill of complaint or certiorari:
(1) Complaint and answer
(2) the judgment on appeal, or the resolution or order from which the appeal stems;
(3) any resolution or order, and any motion or writ of any of the parties, in which any matter stated in the bill of complaint or certiorari is expressly discussed, or which is relevant thereto;
(4) any motion, resolution or order needed to justify the interruption and resumption of the term to appeal or file the writ of certiorari;
(5) any other document which is part of the original record in the Court of First Instance and that may be useful to the Circuit Court of Appeal in order to decide the controversy.
(c) The appendix shall only contain copies of documents that are part of the original record of the Court of First Instance. Whenever the appellant or petitioner raises undue exclusion of evidence as an error, a copy of the evidence offered and not admitted shall be included in a separate appendix.
(d) The appellee or petitioner may include as an appendix to its argument or opposition any document which is part of the record before the Court of First Instance and that, in his/her judgment, the Circuit Court of Appeals should consider, but which was not included by the appellee in the appendix of its notice.
(e) All the pages in the appendix filed by any of the parties shall be numbered consecutively. The documents shall be organized in chronological order. Furthemore, the appendix shall contain an index indicating the page on which each document appears.
(f) It shall not be necessary to include in an appendix any document that has already been included in the appendix of a prior brief in the same case. In such cases, every subsequent reference to such document shall indicate the corresponding page and appendix.
History —Added on Dec. 25, 1995, No. 249, § 35, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.5 - Documents to discuss a preliminary motion in the Circuit Court of Appeals

If prior to the filing of the appellee or petitioner’s argument, or to the referral of the original record, as the case may be, a party is interested in filing a motion to dismiss or to issue any interlocutory order before the Circuit Court of Appeals, said party shall include with the motion those copies of the documents in the original record of the Court of First Instance which may be necessary for the Circuit Court of Appeals to resolve the motion, and which have not been previously filed in the appendix of any writ before the Circuit Court of Appeals.
History —Added on Dec. 25, 1995, No. 249, § 32, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.6 - Arguments

Pursuant to Rule 53.2(b), the brief shall constitute the argument of the appellant. The appellee shall submit his/her argument no later than thirty (30) days following the filing of the brief.
When the appellant files the supplementary argument provided in Rule 53.2(c), the appellee may file a reply brief within the following thirty (30) days, to the sole effect of rebutting what the appellant stated in the supplementary argument.
The petitioner of a writ of certiorari shall file his/her argument no later than thirty (30) days following the issuing of the writ. The appellee shall file its argument no later than thirty (30) days following the filing of the petitioner’s argument. Notwithstanding the above, the petitioner or the appellee may petition the Circuit Court of Appeals to accept the writ of certiorari or the opposition thereto as their respective arguments.
The terms herein provided shall be extendible by petition of a party or by the Circuit Court of Appeals’ own initiative.
History —Added on Dec. 25, 1995, No. 249, § 37, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VIII - PROCEEDINGS SUBSEQUENT TO JUDGMENT › Rule 54 - Record on appeal or certiorari before the circuit court of appeals › Rule 54.7 - Remitting of Mandate and return of the original file

After ten (10) working days from filing the notice of judgment issued by the Circuit Court of Appeals in the record, the clerk of said Court shall remit the mandate to the part of the Court of First Instance that issued the appealed judgment, or order, or resolution, along with the entire original file, when it has been appealed, unless a motion to reconsider has been granted or is pending resolution, or unless the Circuit Court of Appeals or the Supreme Court orders otherwise.
History —Added on Dec. 25, 1995, No. 249, § 38, 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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 55 - Extraordinary Remedies › Rule 55 - Extraordinary Remedies

The remedy heretofore available by a writ of mandamus, whether peremptory or alternative, may be obtained by filing a sworn petition therefor. Whenever such remedy is requested and the right to demand the immediate performance of an act is evident and it appears that there is no excuse for not performing it, the court may peremptorily order that the remedy be granted; otherwise, it shall order that an answer be filed and, as soon as practicable, shall hold a hearing to receive evidence, if necessary, and shall promptly make a decision. Compliance with the orders entered by the court shall be in the same manner required for compliance with any other order.
The Supreme Court and the Circuit Court of Appeals shall issue writs of certiorari, mandamus and habeas corpus, as well as other petitions or causes determined by law. The Supreme Court may issue restraining orders and quo warranto orders as provided in applicable special laws. The issuing of an injunction shall be governed by the provisions of Rule 57 and of applicable 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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.1 - General principles

In every action, before or after entering judgment, and on motion of claimant, the court may issue any provisional order it may deem necessary to secure satisfaction of the judgment. The court may order the attachment, garnishment, the prohibition to alienate, claim and delivery of personal property, receivership, an order to do or to desist from doing any specific act, or it may order any other measure it deems necessary, according to the circumstances of the case. In every case in which a provisional remedy is sought, the court shall consider the interests of all the parties and shall adjudicate as substantial justice may require.
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 56 - Provisional remedies › Rule 56.2 - Notice

No provisional remedy shall be granted, modified, set aside, nor shall any action be taken thereon without notice upon the adverse party and a hearing, except as provided in Rules 56.4 and 56.5.
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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 56 - Provisional remedies › Rule 56.3 - Bond

A provisional remedy may be granted without the filing of a bond in any of the following cases:
(1) If it appears from public or private documents, as defined by law, signed before a person authorized to administer oaths, that the obligation may be legally enforced; or
(2) If party is indigent and expressly exempted by law from the payment of filing fees, and in the court’s opinion the complaint adduces facts sufficient to establish a cause of action which may evidently succeed, and there are reasonable grounds to believe, after a hearing to that effect, that if such provisional remedy is not granted the resulting judgment would be academic since there would be no property over which to execute it; or
(3) If a remedy is sought after judgment is entered.
Whenever the court grants the provisional remedy without the filing of a bond in accordance with the provisions of this rule, it may exclude certain property from its order.
In all other cases, the court shall require the filing of a bond sufficient to secure all the damages arising from the remedy. However, a defendant or respondent may retain the possession of the personal property attached by plaintiff or claimant by filing a bond for the amount the court deems sufficient to secure the value of said property. If the defendant furnishes a bond for the amount attached, the attachment will be left without effect.
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 56 - Provisional remedies › Rule 56.4 - Attachment or prohibition to alienate

If the requirements of Rule 56.3 have been met, the court shall issue, on motion ex parte of a claimant, an order of attachment or of prohibition to alienate. The attachment and prohibition to alienate real property shall be effected by recording them with the Registry of Property and notifying the defendant. In case of personal property, the order shall be carried out by depositing the personal property in question in court or with the person designated by it under the claimant’s responsibility. On petition of any of the parties the court may order the auction and sale of fungible goods whose attachment or prohibition to alienate has been issued and the proceeds thereof shall be deposited in the manner provided by the court.
The party requesting the designation of a depository of the property to be attached shall furnish his address and telephone number, if any, of his residence or of his place of employment or business. The designated depository shall immediately notify the court, under the title of the case, any change of address or telephone number, or of place or conditions of the property attached.
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 56 - Provisional remedies › Rule 56.5 - Order to do or to desist from doing

No order shall be made under Rule 56 to do or to desist from doing any specific act without serving notice upon the adverse party, unless from specific facts supported by affidavit it clearly appears that the petitioner will sustain irreparable injury, damage or loss before notice and hearing on the petition. Such order ex parte shall be effective upon service of notice thereof. Any party affected thereby may at any time file a motion to modify or to set aside the order and said motion shall be heard at the earliest possible date, but not later than five (5) days after the filing thereof and shall have preference over all other matters. A two-day notice upon the party obtaining the order, or the shortest notice the court may prescribe, shall be sufficient for the purposes of the hearing.
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 56 - Provisional remedies › Rule 56.6 - Receivers

(a) No receiver shall be appointed unless it is established that no other provisional remedy would be effective to secure satisfaction of the judgment. Unless otherwise ordered by the court, a receiver shall proceed in accordance with the rules for the judicial administration of estates.
(b) No party, or its attorney, or person interested in the action shall be appointed receiver therein, without the written consent of the affected parties filed with the court.
(c) The court may require that the receiver furnishes a bond to secure strict compliance with his duties, and, in that case, the receiver shall not take office until the bond has been approved.
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 56 - Provisional remedies › Rule 56.7 - Notice of pending suit

The court before which the action is pending shall have the power to direct that the notice of pendency of action be expunged, once a hearing has been held and a bond for a reasonable amount has been submitted, taking into account the probability that the plaintiff may prevail, the value of the property or rights involved, and the other circumstances of the case.
History —Amended on Jan. 14, 2000, No. 30, § 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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 57 - Injunctions › Rule 57.1 - Preliminary injunction

(a) Notice. — No writ of preliminary injunction shall be issued without prior notice to the adverse party.
The notice shall be served in the same manner as provided in Rule 4.4 by delivering a copy of the order to the adverse party in conjunction with a copy of the request for injunction. Said delivery shall have the same effect as the delivery and service of the summons under Rule 4.4.
Proof of service of the notice shall be made in the same manner allowed for the service and amendment of the summons under Rules 4.8 and 4.9.
(b) Consolidation of hearing with trial on merits. — Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received in the hearing of an application for preliminary injunction which would be admissible upon the trial on the merits becomes part of the record of the case and need not be repeated upon the trial.
History —Amended on July 15, 1988, No. 108, p. 449.
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 57 - Injunctions › Rule 57.2 - Temporary restraining order; notice; hearing; duration

A temporary restraining order may be granted without notice to the adverse party or his attorney only if:
(1) It clearly appears from the facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss or damage will result to the applicant before the adverse party or his attorney can be heard; and
(2) the applicant’s attorney or the applicant himself certifies to the court in writing the efforts, if any, which have been made to give the notice and the reasons supporting his claim that notice should not be required.
Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk’s office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and shall expire by its terms within such time after entry, not to exceed ten (10) days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period, or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible date and takes precedence over all matters except older matters of the same character; and when the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if he does not do so, the court shall dissolve the temporary restraining order. On two (2) days’ notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion expeditiously as the ends of justice require.
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 57 - Injunctions › Rule 57.3 - Security

No restraining order or preliminary injunction shall be issued except upon the giving of security by the applicant, in such sum as the court deems proper for the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained. No such security shall be required of the Commonwealth of Puerto Rico, its municipalities, agencies, instrumentalities or of any of its officers acting in their official capacity.
Whenever these rules require or permit the giving of security by a party, each surety submits himself to the jurisdiction of the court and irrevocably appoints the clerk of the court as his agent upon whom any notice, summons or papers affecting his liability on the bond may be served. His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court, who shall forthwith mail copies to the sureties if their addresses are known.
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 57 - Injunctions › Rule 57.4 - Form and scope of injunction or restraining order

Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.
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 57 - Injunctions › Rule 57.5 - Labor disputes

This Rule 57 does not modify Act No. 50 of August 4, 1947, as amended (29 L.P.R.A. §§ 101-107), relating to the issuance of restraining orders and injunctions in actions arising from or involving a labor dispute. It does not modify either the provisions of any other law of the Commonwealth of Puerto Rico relating to the issuance of restraining orders and injunctions in actions affecting employers and employees.
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 57 - Injunctions › Rule 57.6 - Injunction pending appeal, review or certiorari

(a) When a judgment or resolution granting, dissolving or denying an injunction is appealed, the appealed court may in its discretion suspend, modify, restore or grant an injunction while the appeal is elucidated, under such terms regarding bail and others it deems adequate to protect the rights of the opposing party.
(b) What is provided in this rule does not restrict the power of the court of appeals or of one of its judges to stay the proceedings while the appeal is elucidated, or to suspend, modify, restore or grant an injunction while the appeal or certiorari is pending, or to issue any adequate order to preserve the status quo or the effectiveness of the judgment to be issued in due course.
History —Amended on Dec. 25, 1995, No. 249, § 40, 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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.1 - Applicability of other rules

These rules shall govern the procedure for the condemnation of real and personal property under the power of eminent domain, except in the cases provided by this Rule 58.
In cases where the amount does not exceed that provided by Rule 60, the court may order the simplification of the proceedings substantially following the procedural mechanisms provided therein.
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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.2 - Joinder of properties

The plaintiff may join in the same action one or more pieces of property, whether in the same or different ownership and whether or not sought for the same use.
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 58 - Condemnation of property › Rule 58.3 - Complaint

(a) Caption. — The complaint shall contain a caption as provided in Rule 8.1, except that the plaintiff shall name as defendants the property, designated generally in kind, quantity and location, and at least one of the owners of some part of or interest in the property.
(b) Contents. — The complaint shall contain a short and plain statement of the authority for the taking, the use for which the property is to be taken, a description of the property sufficient for its identification, the interests to be acquired, and as to each separate piece of property a designation of the defendants who have been joined as owners thereof or of some interests thereon. Upon the commencement of the action, the plaintiff need join as defendants only the persons having or claiming an interest in the property whose names are then known, but prior to any hearing involving the compensation to be paid for a piece of property, the plaintiff shall join as defendants all persons having or claiming an interest in that property whose names can be ascertained by a reasonably diligent search in the Registry of Property, considering the character and value of the property involved and the interests to be acquired, and also those whose names have otherwise been learned. All others may be made defendants under the designation “Unknown Owners”. In case the property lacks possession or ownership title the person or persons appearing as owners of the property in the tax receipt or in any other similar document establishing a title shall be added as defendants. Process shall be served as provided in Rule 58.4 upon all defendants, whether named as defendants at the time of the commencement of the action or subsequently joined, and a defendant may answer as provided in Rule 58.5. The court meanwhile may order such distribution of a deposit as the facts warrant.
(c) Filing. — In addition to filing the complaint with the court, the plaintiff shall furnish to the clerk at least one copy thereof for the use of defendants and additional copies at the request of the clerk or of 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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 58 - Condemnation of property › Rule 58.5 - Appearance or answer

If a defendant has no objection or defense to the taking of his property, he may serve a notice of appearance designating the property in which he claims to be interested. Thereafter he shall receive notice of all proceedings affecting it. If a defendant has any defense or objection to the taking of his property, he shall serve his answer within twenty (20) days after the service of notice upon him.
The answer shall identify the property in which defendant claims to have an interest, state the nature and extent of the interest claimed, and state all his defenses and objections to the taking of his property. A defendant waives all defenses and objections not so presented, but at the trial of the issue of just compensation, whether or not he has previously appeared or answered, he may present evidence as to the amount of the compensation to be paid for his property, and he may share in the distribution of the award.
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 58 - Condemnation of property › Rule 58.6 - Amendments of pleadings

The plaintiff may amend the complaint at any time before the trial of the issue of compensation and as many times as desired, but no amendment shall be made which will result in a dismissal forbidden by Rule 58.8. The plaintiff need not serve a copy of an amendment, but shall serve notice of the filing, as provided in Rule 67, upon any party affected thereby who has appeared, and in the manner provided in Rule 58.4, upon a party affected thereby who has not appeared. The plaintiff shall furnish to the clerk of the court, for the use of the defendants, at least one copy of each amendment, and he shall furnish additional copies at the request of the clerk or of a defendant. Within the time allowed by Rule 58.5 a defendant may serve his answer to the amended pleading in the form and manner and with the same effect as there provided.
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 58 - Condemnation of property › Rule 58.7 - Substitution of parties

If a defendant dies or becomes incompetent or transfers his interest after his joinder, the court may order substitution of the proper party upon motion and notice of hearing. If the motion and notice of hearing are to be served upon a person not already a party, service shall be made as provided in Rule 58.4(c).
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 58 - Condemnation of property › Rule 58.8 - Dismissal of actions

(a) As of right. — If no hearing has begun to determine the compensation to be paid for a piece of property and the plaintiff has not acquired the title or any other interest in or taken possession thereof, the plaintiff may dismiss the action as to that property, without an order of the court, by filing a notice of dismissal setting forth a brief description of the property as to which the action is dismissed.
(b) By stipulation. — Before the entry of any judgment vesting the plaintiff with title or any other interest in or possession of property, the action may be voluntarily dismissed in whole or in part, without an order of the court, as to any property by filing a stipulation of voluntary dismissal by the plaintiff and the defendant affected thereby; and if the parties so stipulate, the court may vacate any judgment that has been entered.
(c) By order of the court. — At any time before compensation for a piece of property has been determined and paid, and after motion and hearing, the court may allow the plaintiff to dismiss the action under the terms and conditions it may deem pertinent as to that property, except that it shall not dismiss the action as to any part of the property of which the plaintiff has taken possession or in which the plaintiff has taken title or other interest, but shall award just compensation for the possession, title or other interest so taken. The court at any time may drop a defendant unnecessarily or improperly joined.
(d) Effect. — Except as otherwise provided in the notice, stipulation or order of the court, any voluntary dismissal is without prejudice.
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 58 - Condemnation of property › Rule 58.9 - Deposit and its distribution

The plaintiff shall deposit with the court any money required by law as a condition to the exercise of the power of eminent domain; and, although not so required, may take a deposit when permitted by statute. In such cases, the court and attorneys shall expedite all proceedings, including those for the distribution of the money so deposited and for the ascertainment and payment of just compensation. If the compensation finally awarded to any defendant exceeds the amount which has been paid to him on distribution of the deposit, the court shall enter judgment against the plaintiff and in favor of that defendant for the deficiency. If the compensation finally awarded to any defendant is less than the amount which has been paid to him, the court shall enter judgment against him and in favor of the plaintiff for the overpayment.
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 59.1 - When appropriate

The Court of First Instance shall have the authority to declare rights, status and other legal relationship, even though another remedy is or may be instigated. The fact that a declaratory judgment or decree has been requested shall not be deemed sufficient motive to challenge any action or proceeding. The declaration may be either affirmative or negative in form and effect and shall have the force and effect of final judgments or resolutions. The court may order a speedy hearing of an action for a declaratory judgment giving it preference in the calendar.
History —Amended on Dec. 25, 1995, No. 249, § 41, 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 IX - PROCEEDINGS IN SPECIAL ISSUES › Rule 59 - Declaratory judgments › Rule 59.2 - Who may request declaratory judgment; power to construe; exercise of powers

(a) Every person interested in a deed, will, written contract or other document constituting a contract, or whose rights, status or other legal relations are affected by any statute, municipal ordinance, contract or franchise may apply for a decision on any difference in the construction or validity of said statutes, ordinances, contract or franchise, and also a declaration of rights, status or other legal relations derived therefrom. A contract may be construed before or after noncompliance thereof.
(b) Executors, administrators, receivers, trustees, guardians, creditors, legatees, heirs or successors in interest acting in such capacities or in behalf of other interested persons may apply for and obtain a declaration of rights or legal relations in all cases where trusts, foundations, estates or the property of minors, incapacitated or insolvent persons are administered:
(1) To determine classes of creditors, legatees, heirs, successors in interest and others; or
(2) To direct executors, administrators or trustees to execute or refrain from executing any act in their capacity as such; or
(3) To determine any question arising in the administration of the property or trust, including construction of wills and of other documents.
(c) The enumeration made in subsections (a) and (b) of this rule shall neither limit nor restrict the exercise of general powers conferred by Rule 59.1 in any proceeding for a declaratory remedy, provided a judgment or decree will put an end to the controversy or clear any uncertainty.