P.R. Laws Ap. tit. 34A, § II, Rule 95B

2019-02-21 00:00:00+00
Rule 95B. NORMS THAT WILL GOVERN THE DISCOVERY OF EVIDENCE

(a) Ongoing duty to disclose.— If before or during the trial, a party discovers evidence or material in addition to that previously requested or ordered that is subject to discovery under Rules 95 and 95A, said party shall notify the existence of such additional evidence or material, as soon as it learns of the same, to the other party, the other party’s counsel, or the court.

(b) Time to conclude discovery.— All discovery provided in Rules 95 and 95A shall be completed within a term not to exceed ten (10) days before the trial.

(c) Protective orders.— On a duly founded motion by any of the parties, the court may order that the discovery or inspection be directed, restricted, postponed or conditioned, as well as to issue any order it deems necessary. If the court issues a protective order affecting a writ, the complete text of the party’s writ shall be sealed and preserved in the record of the court so that it is available to the appellate court in case of a writ of certiorari or appeal.

(d) Time, place and manner of the discovery of evidence ordered by the court.— The court order authorizing the discovery of evidence shall specify the date, place and manner that the inspection, copy or photocopy is to be made, and may establish the terms and conditions that the court deems fair and necessary.

(e) Effects of a refusal to comply with the court order.— If at any time during the process it is brought to the attention of the court that one of the parties has not complied with the order, the court may order said party to allow the discovery or inspection of the information or material, forbid said party to present the evidence not discovered during the trial, or may issue those orders or remedies that it deems necessary under the circumstances.

History —Added on July 1, 1988, No. 58, p. 266, § 3 eff. 90 days after July 1, 1988; June 24, 2012, No. 124, § 3.