P.R. Laws Ap. tit. 34A, § II, Rule 94
(a) Grounds; witness under arrest.— For exceptional circumstances and in the interest of justice, the court, at any time after the filing of a notice or complaint, may direct, on a motion by any of the parties with notice to the other parties, that the testimony of the soliciting party’s witness be taken by deposition, whether by means of stenography, shorthand or any other method of recording, and that any designated books, papers, documents or objects that are not privileged be produced at the time and place in which the deposition shall be taken.
If the witness is under arrest for failing to post bail to appear at a trial or hearing, the court, upon written petition of the arrested witness with notice to the parties, may direct that his deposition be taken. After the deposition has been signed, the court may release the witness.
(b) Notification.— The party at whose instance a deposition is to be taken shall notify each other party, ten (10) days in advance, of the day, time, and place where the deposition shall be taken and shall specify the name and address of each one of the persons to be examined. On a motion of any of the parties notified, the court may, for just cause, extend or shorten the time set for the taking of the deposition, or change the place designated for the taking of the deposition.
A party that has been notified of the taking of a deposition may request the court to postpone it by a motion accompanied by a sworn statement in which the reasons for requesting the postponement are specified. If the motion for postponement is allowed, the court shall, on the same writ, indicate the date, time and place for the deposition to be taken. The postponement allowed thereby will not exceed ten (10) days.
The defendant shall have the right to be present during the taking of the deposition, and to be assisted by legal counsel. If the defendant is under custody, the officer who is in charge shall be notified of the date, time and place the deposition is to be taken and said officer will transport him to it, unless the defendant waives his right to be present, in writing, in which case the deposition will be taken in his absence. When the defendant is free, he must be advised, in addition to being notified of date, time and place, that he fails to appear at the taking of the deposition, it will be taken in his absence. Said absence will be considered a waiver of his right to be present, unless there is just cause therefor.
(c) Payment of expenses.— When a defendant is insolvent or the deposition is taken on request of the prosecution, the court will direct that the expenses involved in taking the deposition, including travel and subsistence of the defendant and his attorney, be paid by the State. The defendant’s request to these effects will be done under oath, stating in detail the reasons for the request, and the defendant’s financial condition.
(d) How they shall be taken.— Every deposition shall be taken in the manner prescribed for the taking of depositions in the Rules of Civil Procedure. The court, at the request of any of the parties, may order that a deposition be taken through written interrogatories in the manner provided in civil actions, or by any means other than stenography or shorthand. In this latter case the court order shall specify the manner in which the deposition will be taken or recorded, as well as the cost, its custody and disposition, providing for said testimony to be recorded and preserved in a correct and dependable manner. The request by any of the parties, to take a deposition in a specific manner, will constitute a waiver of his objection to the taking and use of the deposition taken as requested.
Prior to taking a deposition, the prosecuting officer will make available to the defendant or his attorney for his examination and use during the taking of the deposition, any statement given by the deponent, that is in possession of the State, and to which the defendant would be entitled to during the trial.
(e) Use.— At the trial or during a hearing, a part or all of a deposition may be used as evidence if it is previously shown: that the deponent witness is dead; or that the deponent is outside of the Commonwealth of Puerto Rico, unless the absence was procured by the party offering the deposition; or that the witness is unable to be at the trial or to testify because of illness; or that the party offering the deposition has been unable to secure the attendance of the witness by summons or any other reasonable means. Any of the parties may use any deposition for the purpose of contradicting or refuting the testimony of the deponent as a witness.
If a party only gives a part of the deposition, any adverse party in the case may require him to give all of it which is relevant to the part given, and any party may give any other parts of the deposition.
The objections on the admission as evidence of a deposition or any part thereof shall be made as provided in civil actions.
(f) Depositions by stipulation.— None of the provisions of this rule shall hinder the taking of depositions orally, by written interrogatories, or by any method other than stenography or shorthand, which the parties, subject to the consent of the court, agree upon.
History —June 4, 1983, No. 80, p. 177.