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 IV - PARTIES › Rule 19 - Interpleader › Rule 19 - Interpleader

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this rule supplement and do not in any way limit the joinder of parties permitted in Rule 17.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 20 - Class actions › Rule 20.1 - Prerequisites to a class action

One or more members of a class may sue or be sued as representative parties on behalf of all the persons constituting the class only if (1) the class is so numerous that the joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 20 - Class actions › Rule 20.2 - Class actions maintainable

An action may be maintained as a class action if the prerequisites of Rule 20.1 are satisfied, and in addition:
(a) The prosecution of separate actions by or against individual members of the class would create a risk of:
(1) Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or
(2) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(b) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(c) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:
(1) The interest of members of the class in individually controlling the prosecution or defense of separate actions;
(2) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;
(3) the desirability or undesirability of concentrating the litigation of the claims in the particular forum;
(4) the difficulties likely to be encountered in the management of a class action.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 20 - Class actions › Rule 20.3 - Determination by order whether class action to be maintained; notice; judgment; actions conducted partially as class actions

(a) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this subdivision may be conditional, and may be altered or amended before the decision on the merits.
(b) In any class action maintained under Rule 20.2(c), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort, except when this would be so difficult as to obstruct the prosecution of the action, in which case the court shall determine the manner in which notice shall be given. The notice shall advise each member that:
(1) The court will exclude him from the class if he so requests by a specified date;
(2) the judgment, whether favorable or not, will include all members who do not request exclusion; and
(3) any member who does not request exclusion may, if he desires, enter an appearance through his counsel.
(c) The judgment in an action maintained as a class action under Rule 20.2(a) or (b), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under Rule 20.2(c), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in Rule 20.3 (b) was directed, and who have not requested exclusion, and whom the court finds to be members of the class.
(d) When appropriate, an action may be brought or maintained as a class action with respect to particular issues, or a class may be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied 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 IV - PARTIES › Rule 20 - Class actions › Rule 20.4 - Orders in conduct of class actions

In the conduct of actions to which this rule applies, the court may make appropriate orders:
(a) Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;
(b) requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in such manner as the court may direct to some or all of the members of any step in the action, or of the proposed extent of the judgment, or of the opportunity of members to signify whether they consider the representation fair and adequate, to intervene and present claims or defenses, or otherwise to come into the action;
(c) imposing conditions on the representative parties or on intervenors;
(d) requiring that the pleadings be amended to eliminate therefrom allegations as to representation of absent persons, and that the action proceed accordingly;
(e) providing special rules for the proceeding and the terms to be had by the parties for discovery;
(f) dealing with similar procedural matters. The orders may be combined with an order under Rule 34.3, and may be altered or amended as may be desirable from time to time.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 20 - Class actions › Rule 20.5 - Dismissal or compromise

A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 21 - Intervention › Rule 21.1 - Intervention of right

Upon timely application anyone shall be permitted to intervene in an action:
(a) When a statute or these rules confer an unconditional right to intervene; or
(b) when the applicant claims a right or an interest relating to the property or transaction which is the subject of the action which may as a practical matter be impaired by the final disposition of the action.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 21 - Intervention › Rule 21.2 - Permissive intervention

Upon timely application, anyone may be permitted to intervene in an action:
(a) When a statute confers a conditional right to intervene; or
(b) when an applicant’s claim or defense and the main action have a question of law or fact in common.
When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a governmental officer or agency or upon any regulation, order, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action. In exercising its discretion, the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 21 - Intervention › Rule 21.3 - Validity of constitutional provision, statute, executive order, franchise or administrative regulation

When the constitutionality of a statute, executive order, franchise or administrative regulation of the Commonwealth of Puerto Rico is drawn in question in any action to which the Commonwealth or an officer or agency of the same is not a party, the court shall order that said challenge be notified to the Secretary of Justice and shall allow the Commonwealth of Puerto Rico to intervene.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 21 - Intervention › Rule 21.4 - Procedure

A person desiring to intervene shall serve a motion to intervene upon the parties as provided in Rule 67. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 21 - Intervention › Rule 21.5 - Right to intervene of third parties claiming personal or real property attached by order of the court

Whenever a marshal executes a writ of execution, a writ of attachment, or any other order against any item of personal or real property, and said property, or any part thereof or any interest in the same is claimed by one not a party to the action, said third party shall be entitled to bring a motion to intervene. The procedure to intervene in relation to real or personal property shall be governed by these rules.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 21 - Intervention › Rule 21.6 - Motion to release property; bond

In cases where the third-party intervenor wishes to obtain possession of the attached property, he shall file a motion to that effect and the court shall decide on it after holding a hearing to give the parties the opportunity to present their views on the intervenor’s motion. If the motion is granted, the third-party intervenor shall, in order to have possession restored to him, give security for the amount of the attachment, plus any other sum determined by the court to protect the rights of the affected party.
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 IV - PARTIES › Rule 21 - Intervention › Rule 21.7 - Conditions to the bond

A bond shall be executed on condition that if the claimant fails to justify his claim, he shall return the property to the attaching officer, to his successor or the depositary of the property, and shall be liable for any damage or impairment sustained by the same, including total loss. The claimant shall likewise pay any other compensation the court deems fair and reasonable under the specific facts of the case.
If the claimant prevails, the bond shall be released.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 22 - Substitution of parties › Rule 22.1 - Death

(a) If a party dies and the claim is not thereby extinguished, any of the parties to the action or their attorneys shall give notice of the death to the court and to the other parties within thirty (30) days after actual knowledge is had of the death. Upon motion made within six (6) months after said notice, the court shall order the substitution of the appropriate parties for the deceased. If substitution is not so made, the action shall be dismissed as to the deceased party. The motion for substitution may be made by the successors or representatives of the deceased or by any party, and shall be served on the parties as provided in Rule 67, and upon persons not parties as provided in Rule 4.
(b) In the event of the death of one or more of the plaintiffs or one or more of the defendants in which the right sought to be enforced survives only to the surviving plaintiffs or the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 22 - Substitution of parties › Rule 22.2 - Incompetency

If a party becomes incompetent, the court upon motion served as provided in Rule 22.1 may allow the action to be continued by or against his guardian or guardian ad litem.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part IV - PARTIES › Rule 22 - Substitution of parties › Rule 22.3 - Transfer of interest

In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in Rule 22.1.
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 IV - PARTIES › Rule 22 - Substitution of parties › Rule 22.4 - Public officers

When an officer of the United States, or of the Commonwealth of Puerto Rico, its municipalities or any of its agencies or instrumentalities is a party to an action in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action will not be dismissed and his successor will automatically be substituted as a party.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › PART V - PRETRIAL PROCEEDINGS › Rule 23 - General provisions governing discovery › Rule 23.2 - Protective orders

Upon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court may make any order which justice requires to protect said party or person from annoyance, embarrassment, oppression or undue burden or expense. The order of the court may include one or more of the following measures:
(a) That the discovery not be had;
(b) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;
(c) that the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;
(d) that certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;
(e) that the discovery be conducted in the presence of those persons authorized by the court;
(f) that a deposition after being sealed be opened only by order of the court;
(g) that a trade secret or other confidential information not be disclosed or be disclosed only under certain conditions;
(h) that the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.
If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order the moving party to provide or permit discovery. The provisions of Rule 34 shall apply to the award of fees and expenses incurred in relation to the motion.
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 23 - General provisions governing discovery › Rule 23.3 - Manner of conducting discovery

Unless the court upon motion by a party, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery by any method shall not operate to delay or postpone any other party’s discovery.
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 23 - General provisions governing discovery › Rule 23.4 - Term to use mechanisms for conducting discovery

The parties shall carry out all discovery transactions within sixty (60) days after service of the answer to the complaint, counterclaim, third-party complaint and cross-claim. If the circumstances of the case so require and in order to ensure a speedy disposition of the action, the court may extend or shorten this period.
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 24 - Depositions before action or pending appeal › Rule 24.1 - Before action

(a) Petition. — A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in court may file a verified petition to that effect. The petition shall be entitled in the name of the petitioner and shall show:
(1) That the petitioner expects to be a party to an action cognizable in court but is presently unable to bring it or cause it to be brought;
(2) the subject matter of the expected action and his interest therein;
(3) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it;
(4) the names or a description of the persons he expects will be adverse parties and their addresses so far as known; and
(5) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each.
(b) Notice. — After the petition is filed, the petitioner shall serve a notice upon each person named in the petition as an expected adverse party. The notice shall be served in the manner provided in Rule 4.4 for service of summons, and a period of not less than fifteen (15) days shall be allowed for the parties so served to raise any objections to the petition; but if such service cannot with due diligence be made upon any of the persons named in the petition, the court may make such order as is just for service by publication or otherwise, and shall take such measures as are appropriate to safeguard the interests of persons who have not been notified. If any of the persons is a minor or incompetent, the provisions of Rule 15.2 shall apply.
(c) Order and examination. — If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with these rules and the court may make orders of the character provided for by Rules 31 and 32. For the purpose of applying these rules to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.
(d) Use of deposition. — If a deposition to perpetuate testimony is taken under these rules or if, although not so taken, it would be admissible in evidence in the courts of the jurisdiction in which it is taken, it may be used in any action subsequently brought involving the same subject matter, in accordance with the provisions of Rule 29.1.
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 24 - Depositions before action or pending appeal › Rule 24.2 - During the appeal

If an appeal has been entered against a judgment of a court, or prior to entering an appeal if the term therefor has not expired, the part of the court which rendered the judgment shall allow the taking of the depositions of witnesses to perpetuate their testimony to be used in the event of further proceedings before it. In such case, the party who wishes to perpetuate the testimony may file a motion before the part of the court requesting permission to take the depositions, giving equal notice and service to the opposing party as if the action was pending in that part. The motion shall state:
(1) The names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and
(2) the reason for perpetuating their testimony.
If the court finds that perpetuation of the testimony is necessary to avoid a miscarriage or delay of justice, it may issue orders similar to those provided in Rules 31 and 32; and from then on these depositions may be taken and used in the same manner and under the same conditions provided in these rules for depositions in pending actions.
History —Amended on Dec. 25, 1995, No. 249, § 9, 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 V - PRETRIAL PROCEEDINGS › Rule 25 - Persons before whom depositions May be taken › Rule 25.1 - Within Puerto Rico and the United States

Within Puerto Rico, within the United States, or within any territory or possession subject to the dominion or jurisdiction thereof, depositions shall be taken before an officer authorized to administer oaths by the laws of Puerto Rico or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths, take testimony, and preside over the taking of depositions. It is not necessary for the person administering the oath to remain at the place where the deposition is to be taken after the deponent has been sworn.
When a person through an affidavit certifies before the court that he lacks the means to meet the expense of taking a deposition, the court may order that the deposition be taken under such conditions as it deems 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 25 - Persons before whom depositions May be taken › Rule 25.2 - In foreign countries

In a foreign country, depositions may be taken on notice:
(1) Before a person authorized to administer oaths in the place in which the examination is held, or
(2) before a person or officer commissioned by the court for this purpose, or
(3) pursuant to a letter rogatory.
A commission or a letter togatory shall be issued only when necessary and convenient, on application and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed “To the Appropriate Authority in (here the name of the country).” Evidence obtained in response to a letter rogatory need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within Puerto Rico.
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 25 - Persons before whom depositions May be taken › Rule 25.3 - Disqualification for interest

No deposition shall be taken before a person who is a relative within the fourth degree of consanguinity or the second degree of affinity, or employee or attorney of any of the parties, or is a relative within the degrees mentioned or employee of such attorney, or is financially interested in the action.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › PART V - PRETRIAL PROCEEDINGS › Rule 26 - Stipulations Regarding Depositions and Other Methods of Discovery › Rule 26 - Stipulations Regarding Depositions and Other Methods of Discovery

Unless the court orders otherwise, the parties may stipulate:
(2) That depositions be taken before any person, at any time or place, upon any notice, and in any manner, and when so taken may be used like other depositions, or that the procedures provided by these rules for other methods of discovery may be modified.
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 27 - Depositions upon oral examination › Rule 27.1 - When depositions may be taken

(a) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination, without leave of court, except that plaintiff may not take any deposition whatsoever without leave of court before the expiration of twenty (20) days after service of the summons upon the defendant. If the defendant has sought discovery within the twenty-day period, the above-mentioned limitation does not apply. The attendance of witnesses may be compelled by subpoena as provided in Rule 40. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.
(b) Leave of court is not required for the taking of a deposition by plaintiff within the twenty-day period after service of summons on the defendant if the notice states that the person to be examined is about to go out of Puerto Rico and will be unavailable for oral examination later. The plaintiff’s attorney shall sign the notice and his signature constitutes a certification by him that, to the best of his knowledge, information, and belief, the facts set forth therein are true. The signature will also be subject to the provisions of Rule 9.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › PART V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.2 - Notice of examination; time and place

A party desiring to take the deposition of any person upon oral examination shall give notice in writing, at least ten (10) days in advance, to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. The notice to a party deponent may be accompanied by a request made in compliance with Rule 31 for the production of documents and tangible things. If the deponent is not one of the parties and a subpoena for the production of documents and tangible things at the taking of the deposition is to be served on him, the designation of these documents or things shall be included in the notice to the parties. The place where the examination is to be held and the subpoena for the taking of the deposition are subject to the provisions of Rule 40.4.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › PART V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.3 - Regulation by the court

On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time for taking the deposition. Also, the court may determine the time, place, and order for taking the depositions, as well as all other matters covered in Rule 27.2, at the convenience of the parties, witnesses, and justice.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › PART V - PRETRIAL PROCEEDINGS › Rule 27 - Depositions upon oral examination › Rule 27.4 - Alternate means of recording and filing

(a) The party requesting the deposition shall be able to choose that the latter be taken or recorded by any other means other than stenographic, shorthand, or any other similar means, such as video or sound recording, or both. The “Rules for Recording and Videotaping in Court” of December 30, 1981, shall provide the way in which the depositions shall be taken and recorded, as well as the custody and disposition thereof, and shall establish the provisions for the recording and preservation of said testimony in a correct and trustworthy manner. If the deposition is taken by any alternate means other than stenographic, shorthand or similar means, any of the parties shall record and transcribe said deposition through stenographic, shorthand, or any other similar means, at their expense.
(b) The procedure to preserve and reproduce a recorded deposition made through simultaneous sound or video method shall be as follows:
(1) The notification of the recording of the deposition shall be made according to Rule 27.2 of this appendix.
(2) The recording of the deposition shall start by identifying the case, the parties, the appearing legal counselors, the day, time, and place in which the deposition is being recorded.
(3) If the deposition is to be preserved through any simultaneous sound or video method, the deponent shall be treated pursuant to provisions of Rule 25 of this appendix and, in the event where the recording equipment does not have an internal clock, he/she shall be sit near to a clock that shall remain in the range of the camera at all times during the deposition.
(4) Once the deposition has concluded, partially or entirely, the petitioner thereof shall make a statement to such effects, including time and date.
(c) The interested parties are entitled to be provided with an accurate copy of the deposition by the person or party that recorded it, upon payment of the reasonable expenses of the duplication.
(d) If the preservation and reproduction of the deposition is made through a simultaneous sound and video method, the equipment and videotape shall be of wide access and use.
History —June 3, 2008, No. 84, § 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 27 - Depositions upon oral examination › Rule 27.5 - Depositions of corporations or organizations

A party may in his notice and in a subpoena name as the deponent a public or private corporation or a partnership or association or governmental agency and describe with reasonable particularity the matters on which examination is requested. Absent specification by the party as to the person to be examined, the organization named as deponent shall designate one or more officers, directors, agents or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he will testify. A subpoena shall advise a nonparty organization of its duty to make such appointment or designation. The person so designated shall testify as to matters known or reasonably available to the organization.
This rule does not preclude taking a deposition by any other authorized procedure.
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 27 - Depositions upon oral examination › Rule 27.6 - Form of examination; record of examination; oath; objections

A witness may be questioned on direct examination and cross-examination. A person designated under Rule 25 shall put the witness on oath and shall personally, or by someone acting under his direction, record the testimony of the witness. If the person before whom the deposition is taken is not present, in accordance with Rule 25.1, the person taking down the deposition shall leave record of it. The deposition shall be recorded by stenographic or similar means, or by any other means as directed by the court pursuant to Rule 27.4.
A party not interested in a transcription of the deposition shall so state before the court by motion to that effect, giving the reasons therefor and specifying that said deposition will not be used at trial. If the motion is granted, the deposition shall not be transcribed and shall remain under the custody of the court.
All objections made at the time of the examination shall be entered in the record and the evidence objected to shall be taken subject to the decision of the court.
In lieu of participating in the oral examination, a party may serve written questions in a sealed envelope on the person before whom the deposition is to be taken, who will in turn transmit them to the witness.
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 27 - Depositions upon oral examination › Rule 27.7 - Reading, amendment and signing of deposition

When the testimony is transcribed, the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties, which shall be entered upon the record. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the person before whom the deposition was taken or, in his absence, by the person recording the deposition with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the reasons therefor shall be entered upon the record and the deposition may then be used for all legal purposes unless on a motion to suppress under Rule 29.4 the court holds that the reasons given for refusal to sign require rejection of the deposition in whole or in part.
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 27 - Depositions upon oral examination › Rule 27.8 - Certification and notice of deposition

(a) The person before whom the deposition is taken or, in his absence, the person recording the examination shall certify on the deposition that the witness was duly sworn and that the deposition is a true and exact transcript of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked “Deposition of (here insert name of witness)” and shall promptly deliver it to the party taking it, who shall in turn be obliged to notify all other parties that the deposition is in his possession. Furthermore, he shall be obliged to keep the deposition and produce it at the trial, unless it is not to be used in the trial, in accordance with Rule 27.6.
(b) Documents and things produced for inspection during the examination of the witness shall, upon request of a party, be marked for identification and annexed to the transcript of the deposition. Said documents and things may be inspected and copied by any party. The person producing the documents or things may substitute copies to be marked for identification, if he affords to all parties fair opportunity to verify that the copies are true and exact to the originals. Also, if the person producing the documents or things requests their return, each party will be given an opportunity to inspect and copy them, and they will be returned to the person producing them after being duly marked by the parties and the materials may then be used in the same manner as if annexed to the deposition.
(c) Upon payment of a prescribed fee therefor, the person before whom the deposition is taken or, in his absence, the person taking or recording the examination shall furnish a copy of the deposition to any party to the action or to the deponent.
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 27 - Depositions upon oral examination › Rule 27.9 - Failure to attend or to serve subpoena

(a) If the party giving the notice of the taking of a deposition fails to attend and proceed therewith, and another party attends in person or by attorney pursuant to the notice, the court may order the party giving the notice to pay to such other party the reasonable expenses incurred by him and his attorney in attending, including a reasonable amount for attorney’s fees.
(b) If the party giving the notice of the taking of a deposition fails to serve the witness with a subpoena and the witness because of such failure does not attend, and if another party attends in person or by attorney because he expects the deposition of that witness to be taken, the court may order the party giving the notice to pay such other party the reasonable expenses incurred by him and his attorney in attending, including a reasonable amount for 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 28 - Depositions upon written questions › Rule 28.1 - Notice and service of questions

A party desiring to take the deposition of any person upon written questions shall serve them upon every other party with a notice stating the name and address of the person who is to answer them, the name or descriptive title and address of the person who will administer the oath of the deposition, and the name and address of the person who is to take or record the deposition. Within ten (10) days after service of notice, the party so served may serve cross questions upon the party who proposed the taking of the deposition. Within five (5) days after being served with cross questions, a party may serve redirect questions upon a party who has served said cross questions. Within three (3) days after being served with redirect questions, a party may serve recross questions upon the party who proposed the taking of the 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 V - PRETRIAL PROCEEDINGS › Rule 28 - Depositions upon written questions › Rule 28.2 - Taking of responses; preparation of record; duties

A copy of the notice and copy of all questions served shall be delivered by the party taking the deposition to the person before whom the deposition is taken, pursuant to Rule 27.6. Said person or, in his absence, the person who is to record the deposition shall proceed promptly, pursuant to Rules 27.6, 27.7, and 27.8, to take the testimony of the witness in response to the questions and to prepare, certify, and dispose of the deposition, attaching thereto the copy of the notice and the questions received by him.
When the party taking the deposition is served with it, he shall give notice thereof to all other parties. He shall also keep the deposition and produce it at the trial, unless it is not to be used, pursuant to Rule 27.6.
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 28 - Depositions upon written questions › Rule 28.3 - Orders for the protection of parties and deponents

After service of notice and written questions, and prior to the taking of the testimony of the deponent, the court in which the action is pending, on motion promptly made by a party or a deponent and upon notice and good cause shown, may make any order specified in Rule 23.7 which is appropriate and just or it may make an order that the deposition shall not be taken before the person designated in the notice or that it shall not be taken except upon oral examination.
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 29.1 - Use of depositions

At the trial or upon the hearing of a motion or an interlocutory proceeding, any part or all of a deposition, so far as admissible under the Rules of Evidence applied as though the witness were then present and testifying, may be used against any party who was present or represented at the taking of the deposition or who had reasonable notice thereof, in accordance with any of the following provisions:
(a) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness.
(b) The deposition of a party or of anyone who at the time of taking the deposition was an officer, official, director, or managing agent, or a person designated under Rule 27.5 to testify on behalf of a public or private corporation, partnership, association or governmental agency which is a party to the action, may be used by an adverse party for any purpose.
(c) The deposition of a witness, whether or not a party, may be used by any party for any purpose if the court finds:
(1) That the witness is dead; or
(2) that it has been shown that it would be burdensome to require the appearance at trial of a witness who is out of Puerto Rico, unless it appears that the absence of the witness was procured by the party offering the deposition; or
(3) that the witness is unable to attend or testify because of age, illness or disability; or
(4) that the party offering the deposition has been unable to produce the attendance of the witness by subpoena; or
(5) upon application and notice, that such exceptional circumcumstances exist as to make it desirable, in the interest of justice and with due regard to the importance of presenting the testimony of witnesses orally in open court, to allow the deposition to be used.
(d) If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce any other part which ought in fairness to be considered with the part introduced; also any party may introduce any other parts.
Substitution of parties does not affect the right to use depositions previously taken; and, when an action in the General Court of Justice or in any court of the United States or of any of its states, territories or possessions has been dismissed and another action involving the same subject matter is afterwards brought between the same parties or their representatives or successors in interest, all depositions lawfully taken and duly filed in the former action may be used in the latter as if originally taken therefor.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › PART V - PRETRIAL PROCEEDINGS › Rule 29 - Use of depositions in court proceedings › Rule 29.2 - Objections to admissibility

Subject to the provisions of these rules, objection may be made at the trial or hearing to receiving in evidence any deposition or part thereof for any reason which would require the exclusion of the evidence if the witness were then present and testifying.
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 29.3 - Effect of taking or using depositions

A party does not make a person his own witness for any purpose merely by taking his deposition. The introduction in evidence of the deposition or any part thereof for any purpose other than that of contradicting or impeaching the deponent makes the deponent the witness of the party introducing the deposition, but this shall not apply to the use by an adverse party of a deposition as described in Rule 29.1(b). At the trial or hearing any party may rebut any relevant evidence contained in a deposition whether introduced by him or by any other party.