P.R. Laws Ap. tit. 34A, § 1–A, Rule 9.1
(1) Final orders and resolutions entered by the Court of First Instance pursuant to §§ 2201 et seq. of this title, known as the “Puerto Rico Minors’ Act”, may be appealed before the Circuit Court of Appeals, except when the final resolution is based upon an allegation of the minor admitting the facts, in which case only the writ of certiorari shall proceed, to be issued by the Circuit Court of Appeals, at its discretion. Interlocutory orders and resolutions may be reviewed before the Circuit Court of Appeals, through writs of certiorari filed by the minor or by the Advocate for Minors’ Affairs. The rules adopted by the Supreme Court of Puerto Rico shall govern the filing of these writs, subject to the following norms:
(a) The order or resolution shall be reviewed on behalf of the minor and by petition of the parent, guardian, person in charge, interested party, or director of the department or agency in charge of his/her custody.
(b)
(i) The appeal shall be perfected by filing a written petition therefor pursuant to the provisions of the “Judiciary Act of the Commonwealth of Puerto Rico of 2003”, §§ 24 et seq. of Title 4, within thirty (30) days following the date when the final resolution of the case was pronounced. This term is jurisdictional. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing. SEE Art. 4.06 of the Judiciary Act of 2003.
(ii) The writ of certiorari of a final resolution issued by the Court of First Instance based on the guilty plea of a minor shall be perfected by filing a writ or petition for certiorari pursuant to the provisions of the “Judiciary Act of 2003”, §§ 24 et seq. of Title 4, and within thirty (30) days following the date when the final resolution of the case was pronounced. This term is jurisdictional. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
Should any of the parties request reconsideration of the final resolution within the non-extendable term of fifteen (15) days since the final resolution was pronounced, the term to file an appeal or a writ of certiorari shall remain uninterrupted and the same shall begin to count as of the date on which notice of the resolution pronounced by the court granting the motion for reconsideration is filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(iii) The petition for certiorari to review interlocutory orders and resolutions issued by the Court of First Instance shall be perfected by filing a writ of certiorari pursuant to the provisions of the “Judiciary Act of 2003”, §§ 24 et seq. of Title 4, and within thirty (30) days following the date on which notice of the order or resolution was served. This term shall be strictly observed, except when special circumstances duly grounded in the petition for certiorari are involved. The filing of a motion for reconsideration shall not interrupt the term to file a petition for certiorari under this clause unless the Court of First Instance accepts the motion within the thirty (30) -day term provided in this subsection to file a petition for certiorari. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(iv) Notice of the writ of appeal or certiorari shall be served on the Attorney General of Puerto Rico directly, and to the Advocate for Minors’ Affairs, and, if such be the case, to the minor and the director of the public or private entity in whose charge the minor rests custody, and to any intervening party. Notice of the writ shall also be served on the appealed court or the Circuit Court of Appeals, as the case may be, depending on which court it was filed at and in accordance with the provisions of Reorganization Plan No. 1 for the Judicial Branch, approved on July 28, 1994, as amended, known as the “Judicature Act of 1994”. Failure to serve the writ to the corresponding court or to the parties shall be grounds for dismissal of the appeal.
(2)
(a) The writ of certiorari before the Supreme Court to review judgments in appeals issued by the Court of Appeals shall be filed with the Office of the Clerk of the Supreme Court within the jurisdictional term of thirty (30) days counted from the date on which a copy of the notice of the judgment appealed is filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(b) The writ of certiorari before the Supreme Court to review other final judgments or resolutions of the Court of Appeals in writs of certiorari, shall be filed with the Office of the Clerk of the Supreme Court within a term of thirty (30) days counted from the date a copy of the notice of the appealed judgment was filed in the case record. This term shall be strictly observed, and extendable only when special circumstances duly grounded in the petition for certiorari are involved. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(c) The party adversely affected by a final resolution or judgment of the Court of Appeals may file a motion for reconsideration within a non-extendable term of fifteen (15) days from the date on which a copy of the notice of the resolution or judgment is filed in the case record. The term to resort to the Supreme Court shall begin to count again on the date on which a copy of the notice of the resolution or judgment of the Court of Appeals finally resolving the motion for reconsideration was filed in the case record. If the date on which a copy of the notice of judgment or order is filed in the case record differs from the date on which such notice was mailed, the term shall be calculated as of the date of mailing.
(3) Filing an appeal or certiorari shall not stay the effects of the order or resolution in question, unless the Supreme Court or Puerto Rico or the Circuit Court of Appeals rules otherwise.
(4) The decisions of the Supreme Court of Puerto Rico and the Circuit Court of Appeals shall omit the name and family names of the minor and all persons thus affected, and any other fact which would identify the minor or persons affected, but the letters of their name or any fictitious name may be used.
History —July 27, 1996, No. 88, § 1; Feb. 26, 2010, No. 21, § 1, eff. 30 days after Feb. 26, 2010.