P.R. Laws Ap. tit. 4A, § II-A, Rule 10

2019-02-20 00:00:00+00
Rule 10. Continuance and transfer of hearings

(a) Except when extraordinary unforeseeable circumstances [outside the] control of the parties or their attorneys exist, any motion for continuance or transfer of hearings in criminal cases must be filed at least five (5) days prior to the date set for the hearing, after notice thereof to the opposing party.

Except when extraordinary unforeseeable circumstances [outside the] control of the parties or their attorneys exist, any motion for continuance or transfer of a hearing in civil cases must be filed at least ten (10) days prior to the date set for hearing, after notice thereof to the opposing party.

(b) All motions for continuance or transfer, or stipulation for continuance made before the trial in criminal cases, shall be decided or approved by the Administrative Judge, except when the latter transfers the matter for its determination to the judge who is to take cognizance or is taking cognizance of the case.

All motions for a continuance or transfer of the hearing in civil cases shall be decided by the judge who tries the case through a written order, copy of which shall be sent to the Administrative Judge. All stipulations to continue a hearing made prior to the same shall be decided by the Administrative Judge and if made on the date of the hearing it shall be decided by the presiding judge.

In all motions for continuance, transfer of hearing, or stipulation agreeing to a continuance prior to the trial as well as in all continuances requested verbally on the day of the hearing, the moving party shall submit at least three (3) available dates included within the period, for which the court in question is setting cases, for the hearing.

(c) In every case the judge who continues a hearing at his office or in open court shall immediately make a new setting, except when there are grounds which make it impossible, and which he shall set forth in writing.

(d) Once a motion for continuance or for extension has been denied, the grounds for the new motion must have arisen after the first motion was denied, unless the moving party, despite the exercise of due diligence was unable to discover them in due time.

History —May 23, 1975, eff. Sept. 1, 1975.