P.R. Laws Ap. tit. 34A, § II, Rule 7

2019-02-21 00:00:00+00
Rule 7. SUMMONS BY A MAGISTRATE OR PUBLIC OFFICER

(a) Summons.— A summons may be issued instead of a warrant if the magistrate taking the complaint or who has examined a witness who has personal knowledge of the facts has good reason to believe that the person will appear in response thereto, or if the defendant is a corporation. More than one summons may be issued for a single offense charged. In those cases in which a public officer may arrest a person without a warrant from a magistrate, said officer may, if the offense is a misdemeanor, summon the defendant in writing and under his signature to appear before a magistrate instead of arresting him. The summons shall inform the defendant that if he fails to appear a warrant of arrest will be issued against him.

Any magistrate may issue a summons against a person charged with the commission of an offense even when the part the magistrate presides does not have jurisdiction to hold the trial against the defendant. In said case, after issuing the corresponding summons and complying with the preliminary procedures established by these rules, the magistrate shall direct that the case be transferred to the corresponding part for the continuation of the criminal procedure.

(b) Procedure if the defendant fails to appear after summons.— If a person who has been duly summoned fails to appear, or if there is reasonable cause to believe that he will fail to appear, a warrant to arrest him shall issue. If the defendant is a corporation and it fails to appear after having been duly summoned, this fact shall be set forth in the record and the proceeding may continue as though the corporation had appeared.

(c) Form and requirements of the summons.— Except as provided in subsection (a) of this rule, the summons shall be issued in writing in the name of the People of Puerto Rico and shall be signed by a magistrate. It shall require the defendant mentioned therein to appear before the magistrate who took notice of the complaint, stating the date, time, and place and shall inform the defendant that if he fails to appear as required a warrant shall issue for his arrest. If the defendant is a corporation it shall be given notice that if it fails to appear, proceedings shall continue pursuant to the provisions of subsection (b) of this rule.

History —June 19, 1987, No. 29, p. 91, § 3, eff. 60 days after June 19, 1987.