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 V - PRETRIAL PROCEEDINGS › Rule 29 - Use of depositions in court proceedings › Rule 29.4 - Effect of errors and irregularities in depositions

(a) As to notice. — All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.
(b) Capacity of person before whom the deposition is taken. — Objection to taking a deposition because of disqualification of the person before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
(c) As to taking of deposition. —
(1) Objections to the competency of a witness or to the admissibility of a testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.
(2) Errors and irregularities occurring at the oral examination in the manner of taking the deposition, in the form of questions or answers, in the oath or affirmation, or in the conduct of parties, and errors of any kind which might be obviated, removed or cured if promptly presented, are waived unless seasonable objection thereto is made at the taking of the deposition.
(3) Objections to the form of written questions submitted under Rule 28 are waived unless served in writing upon the party propounding them within the time allowed for serving the succeeding cross or other questions and within five (5) days after service of the last written questions authorized.
(d) As to completion and return of deposition. — Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted or filed are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.
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 V - PRETRIAL PROCEEDINGS › Rule 30 - Interrogatories to parties › Rule 30.1 - Procedures for use

Any party may serve upon any other party written interrogatories to be answered by the party so served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer, official or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action. They may also be served upon any other party to the action, provided said party has been duly summoned and they are attached to the summons served on said party. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to.
If the interrogatory were objected to, the reasons for objection shall be stated by motion in lieu of an answer and a copy of the interrogatory objected to shall be furnished. If only part of the interrogatory were objected to, the party objecting to it shall include the question verbatim, together with a statement of the reasons for objection. If this be the case, the objecting party shall serve, together with his objections, the answers to the remainder of the interrogatory upon the party who submitted it.
The answers are to be signed and sworn by the person making them. The party upon whom the interrogatories have been served shall serve a copy of the answers or objections if any, or both, upon the party who served the interrogatories within thirty (30) days after service thereof. The court may, upon motion and good cause shown, allow a shorter or longer time.
The party submitting the interrogatories may make objections to the answers thereto by motion to that effect which shall include a verbatim transcript of the question and answer involved and the reasons for objection.
The party submitting the interrogatories may move for an order under Rule 34 with respect to any objection to or other failure to answer an interrogatory.
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 V - PRETRIAL PROCEEDINGS › Rule 30 - Interrogatories to parties › Rule 30.2 - Scope; use at trial

Interrogatories may relate to any matters which can be inquired into under Rule 23 and the answers may be used to the extent permitted by the Rules of Evidence. Any interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or to conclusions of law, but the court may upon good cause shown order that such an interrogatory need not be answered or that it be answered under such conditions as are reasonable and when it is appropriate.
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 V - PRETRIAL PROCEEDINGS › Rule 30 - Interrogatories to parties › Rule 30.3 - Option to produce books or documents

Where the answer to an interrogatory may be derived from the books or documents of the party upon whom the interrogatory has been served and the burden of deriving the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records, books or documents from which the answer may be derived and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect them and to make copies, compilations or summaries.
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 V - PRETRIAL PROCEEDINGS › Rule 31 - Discovery of documents and things for inspection, copying or photographing › Rule 31.1 - Scope

In addition to the right to seek the production of any document or thing for inspection in connection with an examination under Rule 27 or interrogatories under Rule 30, a party may pursuant to Rule 23.2 serve on any other party a request:
(1) To produce and permit the inspection, copying or photographing, by or on behalf of the appellant party, of any designated documents, papers, electronically stored information translated, if necessary, into information comprehensible to those who solicit the same, books, accounts, letters, photographs, objects or tangible things, not privileged, which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 23.1 of this appendix and which are in its possession, custody or control, or
(2) to permit entry upon designated land or other property in his possession or control for the purpose of inspecting, measuring, surveying or photographing the property or any object or operation thereon within the scope of the examination permitted by Rule 23.1.
The request shall specify the date, time, place and manner of making the inspection and taking the copies and photographs, and may prescribe such terms and conditions as are just.
History —Dec. 26, 2006, No. 297, § 2.
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 V - PRETRIAL PROCEEDINGS › Rule 31 - Discovery of documents and things for inspection, copying or photographing › Rule 31.2 - Procedure

The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons upon that party. The request shall set forth the items to be inspected, which must be described with reasonable particularity, and it shall also specify a reasonable date, time, place and manner for making the inspection.
The party upon whom the request is served shall serve a written response within fifteen (15) days after the service of the request, unless the court fixed a different term. The response shall state, with respect to each item designated in the request, that inspection will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. The party submitting the request may move for an order under Rule 34.1 with respect to any objection to or other failure to respond to the request of any part thereof, or any failure to permit objection as requested.
The documents shall be produced just as they are kept in the ordinary course of business, the party producing them being allowed only to organize and identify them so that they correspond with the item designated in the request.
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 V - PRETRIAL PROCEEDINGS › Rule 32 - Physical and mental examination of persons › Rule 32.1 - Order for examination

In a suit in which the mental or physical condition of a party, including the blood group or genetic structure, is in dispute, the court in which the suit is pending may order said party to submit to a physical or mental examination by a physician. The order may only be issued through a motion upon notice to the party to be examined, and to all the other parties, and shall specify the date, time, place, manner, conditions and scope of the examination and the physician or physicians that shall perform it.
History —Amended on Jan. 4, 2000, No. 11, § 1, eff. 30 days after Jan. 4, 2000.
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 V - PRETRIAL PROCEEDINGS › Rule 32 - Physical and mental examination of persons › Rule 32.2 - Medical report

(a) If requested by the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings. After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition. If the party examined refuses to deliver said report, the court on motion duly served may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make a report the court may exclude his testimony if offered at trial.
(b) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical condition.
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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.1 - Motion for order compelling discovery

If a party refuses to make the discovery requested, the party moving for discovery under this rule may upon reasonable notice to all persons affected thereby apply for an order compelling discovery as follows:
(a) Appropriate court. — An application for an order to a party may be made to the court in which the action is pending.
(b) Motion. — If a deponent refuses to answer a question propounded or submitted under Rule 27 or 28, or a corporation or organization fails to designate a person in accordance with Rule 27.5, or the party fails to answer an interrogatory submitted under Rule 30, or if a party, in response to an order made under Rule 31, fails to respond or fails to answer a request to carry out an inspection, the discovering party may move for an order compelling an answer, or a specification of the things requested, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order.
(c) Evasive or incomplete answer. — For purposes of this subsection, an evasive or incomplete answer is to be treated as a failure to answer.
(d) Award of expenses. — If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent who did not comply with the order or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney’s fees, unless the court finds that the opposition to the motion was substantially justified or that, under the circumstances, an award of expenses would be unjust.
If the motion is denied, the court shall, after opportunity for hearing, require the moving party or attorney advising him or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney’s fees, unless the court finds that the making of the motion was substantially justified or that under the circumstances an award of expenses would be unjust.
Where the circumstances so require, the court may apportion the reasonable expenses incurred among the parties or the persons involved, or both.
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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.2 - Failure to comply with order

(a) Contempt. — If a party refuses to be sworn or refuses to answer any question after being directed to do so by the court, the refusal may be considered a contempt of that court.
(b) Other consequences. — If a party, or an officer or managing agent of a party or a person designated under Rule 27.5 or 28 to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under Rules 34.1 and 32, the court may make such orders in regard to the refusal as are just, and among others the following:
(1) An order that the matters included in the aforementioned orders or any other facts designated by the court shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matter in evidence;
(3) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;
(4) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any of said orders except an order to submit to a physical or mental examination;
(5) Where a party has failed to comply with an order under Rule 32 requiring him to produce another person under his custody for examination, such orders as are listed in clauses (1), (2) and (3) of this subsection, unless the party failing to comply shows that he is unable to produce such person for examination.
(6) An order, under such conditions as the court may deem just, imposing an economic sanction on any party, witness, or attorney as a result of his conduct.
(c) In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him or both to pay the expenses incurred, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that under the circumstances an award of expenses would be unjust.
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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.3 - Expenses on refusal to admit

If a party refuses to admit the genuineness of any document or the truth of any matter as requested under Rule 33, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, said party may apply to the court for an order requiring the other party to pay him the reasonable expenses incurred in making that proof, including attorney’s fees. The court shall grant said award unless it finds that:
(1) The request was held objectionable pursuant to Rule 33(a); or
(2) the admissions sought were of no substantial importance; or
(3) the party which refused to admit had reasonable grounds to believe that he might prevail on the matter; or
(4) there was other good reason for the refusal.
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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.4 - Failure of a party to attend at own deposition or serve answers to interrogatories or respond to request for inspection

If a party or an officer or managing agent of a party or a person designated under Rule 27.5 or 28 to testify on behalf of a party fails:
(1) To appear before the person before whom his deposition is to be taken after being served with a proper notice, or
(2) to serve answers or objections to interrogatories submitted under Rule 30, after proper service of the interrogatories, or
(3) to serve a written response to a request for inspection, after proper service of the request,
the court on motion of party may make such orders in regard to the failure as are just, and among others it may take any action authorized under clauses (1), (2) and (3) of subsection (b) of Rule 34.2. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to comply or the attorney advising him or both to pay the reasonable expenses, including attorney’s fees, caused by the refusal, unless the court finds that the failure was substantially justified or that other circumstances make an award of expense unjust.
The failure to comply described in this subsection may not be excused on the ground that the discovery sought is objectionable unless the party failing to comply has obtained a protective order as provided by Rule 23.2.
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 V - PRETRIAL PROCEEDINGS › Rule 34 - Refusal to make discovery and consequences › Rule 34.5 - Expenses against the Commonwealth of Puerto Rico

Expenses may be awarded against the Commonwealth of Puerto Rico under this rule, but not attorney’s fees.
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 V - PRETRIAL PROCEEDINGS › Rule 35 - Offer of judgment and payment › Rule § 35.1 - Offer of judgment

At any time prior to the ten (10) days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with the costs accrued up to that time. The offer shall comply with the following requirements:
(1) Shall be in writing and served to the party for which it is intended through certified mail.
(2) It shall specify who is making the offer and to whom it is directed.
(3) It shall establish the amount, if any, offered for damages.
(4) It shall specify the total amount of property and conditions offered.
(5) It shall establish the amount for costs accrued up to that time.
If within ten (10) days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and it shall not be admissible in evidence except in a proceeding to determine the costs, expenses and attorney’s fees or in a proceeding to enforce compliance of a judgment rendered, product of the offer of judgment.
If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs, expenses and attorney’s fees incurred by the party that made the offer after the making of the offer.
The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party has been determined by judgment, but the amount of the damages or the extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten (10) days prior to the commencement of the hearing.
History —Sept. 27, 2007, No. 126, § 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 V - PRETRIAL PROCEEDINGS › Rule 35 - Offer of judgment and payment › Rule 35.2 - Offer of payment

When, in an action for the recovery of money only, the defendant alleges in his answer that before the commencement of the action he tendered to the plaintiff the full amount to which he is entitled, and thereupon deposits in court, for plaintiff, the amount so tendered, and the allegation is found to be true, the plaintiff cannot recover costs but must pay costs to the defendant as well as the expenses and attorney’s fees.
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 V - PRETRIAL PROCEEDINGS › Rule 35 - Offer of judgment and payment › Rule 35.3 - Deposit in court

In an action in which any part of the relief sought is a judgment for a sum of money, or the disposition of any other thing capable of delivery, a party, upon notice to every other party and by leave of court, may deposit with the court all or any part of such sum or thing to be kept by the clerk, subject to withdrawal, in whole or in part, at any time upon order of the court.
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 V - PRETRIAL PROCEEDINGS › Rule 35 - Offer of judgment and payment › Rule 35.4 - Entry of judgment by confession

(a) A judgment by confession may be entered without action, based upon the defendant’s consent, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this rule. Such judgment shall be entered in the docket and notified by the clerk and will become final and unappealable at the date of entry.
(b) Such consent shall appear from a verified statement, signed by the defendant, to the following effect:
(1) It must authorize the entry of judgment for a specified sum.
(2) If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability and show that the sum confessed therefor does not exceed the same.
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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.1 - For claimant

A party seeking to recover upon a claim, counterclaim, cross-claim or third-party claim, or to obtain a declaratory judgment may, at any time after the expiration of twenty (20) days from service of the summons or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part 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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.2 - For defending party

A party against whom a claim, counterclaim, cross-claim or third-party claim is asserted or a declaratory judgment is sought may, at any time, move, with or without supporting affidavits, for a summary judgment in his favor as to all or any part 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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.3 - Motion and proceedings

The motion shall be served upon the adverse party at least ten (10) days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions offered, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a summary judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on any one issue between the parties which can be separated from the remaining issues. Such judgment may be rendered for or against either party to the action.
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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.4 - Case not fully adjudicated on motion

If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court, by examining the pleadings and the evidence before it and by listening to counsel’s contentions in a hearing shall ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. Upon issuing its decision, the court shall make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action, the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.5 - Form of affidavits; further testimony

Affidavits supporting and opposing the motion shall be made on personal knowledge. They shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions or further affidavits. When a motion for summary judgment is made and supported as provided in this Rule 36, the adverse party may not rest upon the mere allegations or denials of his pleadings, but his response must be as detailed and specific as the moving party’s would have been, and must set forth such facts pertinent to the controversy as show that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered 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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.6 - When affidavits are unavailable

Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, tile court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery be had, or may make such order as is 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 V - PRETRIAL PROCEEDINGS › Rule 36 - Summary judgment › Rule 36.7 - Affidavits made in bad faith

Should it appear to the satisfaction of the court that any of the affidavits presented are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney’s fees, and any offending party or attorney may be adjudged guilty of contempt.
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 V - PRETRIAL PROCEEDINGS › Rule 37 - Pretrial conference › Rule 37.1 - Conference

In any action the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:
(a) The simplification of the issues;
(b) The necessity or desirability of amending the pleadings;
(c) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(d) The disclosure of the identity of the witnesses which they propose to use at the trial and the limitation of the number of expert witnesses;
(e) The advisability of a preliminary reference of issues to a master for findings of fact;
(f) Such other measures as may aid in the prompt disposition of the action.
The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order, when entered, controls the subsequent course of the action unless modified at the trial to prevent manifest injustice.
The clerk shall serve the appropriate notice upon the parties at least thirty (30) days prior to the date set for the conference, except where the court upon a showing of unusual circumstances which preclude the conference to be held at such time, or upon motion by a party, orders that it be held at any other time prior to 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 V - PRETRIAL PROCEEDINGS › Rule 37 - Pretrial conference › Rule 37.2 - Conference of attorneys

In cases set for a pretrial conference, the attorneys for both parties shall meet informally at least ten (10) days prior to the date of the conference, for the following purposes:
(1) To set forth in writing the controverted as well as the noncontroverted facts.
(2) To exchange lists of potential witnesses in accordance with the discovery obtained.
(3) To decide the designation of an expert witness appointed by the court and stipulate in writing the qualifications of all expert witnesses for both parties.
(4) To examine and mark all exhibits which the parties intend to present at the trial, reach an agreement as to their genuineness and admissibility, and, in case of disagreement, to specify the reasons therefor.
(5) To examine and prepare a list of the depositions to be presented in evidence at the trial pursuant to law. If any party objects to the admissibility of any portion of the deposition, he shall identify it and explain the reasons for objection.
(6) To simplify the issues for trial.
(7) To discuss a possible settlement of the case.
(8) To consider any other of the measures contemplated in Rule 37.1.
At least five (5) days prior to the date set for the conference, the attorneys for both parties shall submit to the office of the clerk of the trial court in which the action is pending a draft of the pretrial conference order with as many copies thereof as are necessary in order to serve notice on all 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 V - PRETRIAL PROCEEDINGS › Rule 37 - Pretrial conference › Rule 37.3 - Penalties

If a party fails to appear, refuses participation, or appears without being duly prepared at a pretrial conference or at a conference of attorneys, or fails to comply with any order of the court, the court may dismiss the complaint, strike the pleadings of the defendant, order the payment of costs and attorney’s fees, or make such other order as is 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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 38 - Consolidation; separate trials › Rule 38.1 - Consolidation

When actions involving a common question of law or of fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and to this effect it may make such orders as may tend to avoid unnecessary costs or delay.
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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 38 - Consolidation; separate trials › Rule 38.2 - Separate trials

The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any claim, cross-claim, counterclaim or third-party claim, or of any separate issue, and may render judgment pursuant to the provisions of Rule 44.3.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4) › Rule 39.1 - Voluntary dismissal

(a) By plaintiff; by stipulation. — Subject to the provisions of Rule 20.5, an action may be dismissed by the plaintiff without order of the court:
(1) By filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or
(2) by filing a stipulation of dismissal signed by all parties who have appeared in the action.
Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in the General Court of Justice or in any court of the United States or of any state an action based on or including the same claim.
(b) By order of court. — Except as provided by Rule 39.1(a), an action shall not be dismissed at the plaintiff’s instance except upon order of the court and upon such terms and conditions as the court deems proper. Unless otherwise specified in the order, a dismissal under this subsection 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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4) › Rule § 39.2 - Involuntary dismissal

(a) Where the plaintiff fails to comply with these rules or with any order of the court, the court, on its own motion or on motion of a defendant, may dismiss an action or any claim against him or order that the allegations be eliminated, as the case may be.
In the case of a first failure to comply, the severe sanction of dismissal of the claim or elimination of the allegations shall only be in order after the court has first notified the counsel of the party in question and the opportunity to respond has been given thereto. If the counsel of the party does not respond to the notice, the court shall proceed to impose sanctions on the counsel of the party and the party shall be notified of the situation directly. After the party has been duly notified or advised of the situation and its consequences, if the same is not corrected, the court may order the dismissal of the complaint or the elimination of the allegations. The court shall grant a reasonable term to the party to correct the situation, which in no case shall be less than thirty (30) days, unless the circumstances of the case justify that the term be reduced.
(b) Whenever a civil action shall have been pending in any court for six (6) months without any required proceeding having been taken therein, the administrative judge shall order dismissal thereof unless failure to prosecute is reasonably accounted for. For the purposes of this rule, motions to stay, for transfer of hearing, or for extensions of time shall not be considered a proceeding taken.
In every case the administrative judge shall issue an order requiring the parties to state in writing, within the term of ten (10) days after service of notice by the clerk, the reasons why the action should not be dismissed.
(c) After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that under the proved facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. Unless the court in its order for dismissal otherwise specifies, a dismissal under this Rule 39.2, and any dismissal other than a dismissal for lack of jurisdiction or for failure to join an indispensable party, operates as an adjudication upon the merits.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1; Sept. 29, 2004, No. 493, § 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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4) › Rule § 39.3 - Voluntary dismissal and dismissal of counterclaim, cross-claim or third-party claim

The provisions of this rule apply to the voluntary dismissal and to the dismissal of any counterclaim, cross-claim or third-party claim. A voluntary dismissal by the claimant alone pursuant to Rule 39.1(a) shall be made before a responsive pleading is served, or, if there is none, before the introduction of evidence at 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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 39 - Voluntary dismissal and dismissal of actions (§§ 39.2 — 39.4) › Rule § 39.4 - Costs or attorney’s fees of previously dismissed actions

If a plaintiff who has once dismissed an action commences another based upon or including the same claim against the same defendant, the court may make such order for the payment of costs or attorney’s fees of the action previously dismissed as it may deem proper and may stay the proceedings in the new action until the plaintiff has complied with the order.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.1 - For appearance of witnesses; form and issue

Every subpoena shall be issued by the clerk under his hand and with seal of the court, specifying the part of the court, the title and the number of the action, and shall compel each person to whom it is addressed to appear and give testimony on the date, time and place specified therein.
In the case of a subpoena for the production of documentary evidence, the clerk shall issue a subpoena like the one described above, but with a blank space. The party requesting it shall fill it in before service specifying the documentary evidence requested.
History —Amended on Dec. 25, 1995, No. 249, § 10, 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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.2 - For production of documentary evidence

A subpoena may also command the person to whom it is directed to produce the books, papers, documents or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may:
(1) Quash or modify the subpoena if it is unreasonable and oppressive or
(2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents or tangible things.
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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.3 - Service

A subpoena may be served by the marshal, or by any other person not less than eighteen (18) years of age, who can read and write, and who is not a party or attorney for a party, and who has no interest in the action. Service of a subpoena upon a person named therein shall be made by delivering it to such person or pursuant to the provisions of Rule 4.4 regarding personal service of summons and by tendering to him the fees for attendance and mileage pursuant to the regulations promulgated by the Administrative Director of the Courts. When the subpoena is issued on behalf of the Commonwealth of Puerto Rico or an officer or agency thereof, the fees for attendance and mileage need not be tendered.
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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.4 - Subpoena for taking depositions; place of examination

(a) Proof of service of a notice to take a deposition as provided in Rules 27.2 and 28.1 constitutes a sufficient authorization for the issuance by the clerk of the part of the court of the place in which the deposition is to be taken, of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 23.1, in which event the subpoena will be subject to the provisions of Rule 23.2 and Rule 40.2.
The person to whom the subpoena is directed may, within ten (10) days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten (10) days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is raised, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may move, upon notice to the deponent, for an order at any time before or during the taking of the deposition.
(b) A resident whose deposition is to be taken may be required to attend an examination only in the place wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A nonresident may be required to attend only in the place wherein he is served with a subpoena, or at such other convenient place as is fixed by an order of the court.
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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.5 - Place of service

At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within Puerto Rico. If the witness who is to be served with a subpoena is a resident of or is domiciled in the Commonwealth of Puerto Rico, but is in a foreign country at the moment of service, subpoena shall be served pursuant to Rule 4.5, but the pertinent documents shall be sent to him pursuant to Rules 40.1 and 40.2.
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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.6 - Subpoena unnecessary

A person present in court or before a judicial officer may be required to testify in the same manner as if he were in attendance upon a subpoena.
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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.7 - Concealment of witness

If a witness goes into hiding so as to evade service of a subpoena upon him, the court may, upon proof by affidavit of the concealment of the witness and of the relevancy of his testimony, make an order directing that subpoena be served by the marshal, who must serve it accordingly, and, for that purpose, may search any building or property where the witness may be hiding.
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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.8 - Subpoena of persons confined in prison

The court, upon verified petition as to the relevancy of the desired testimony, may order the issuance of a subpoena requiring attendance of a person confined in prison for the purpose of testifying at a trial, hearing or deposition.
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 VI - TRIALS (§§ 39.2 — 39.4) › Rule 40 - Subpoena › Rule 40.9 - Contempt

Failure to obey, without just cause, a duly served subpoena may be regarded as a contempt of court.