P.R. Laws Ap. tit. 34A, § II, Rule 235

2019-02-21 00:00:00+00
Rule 235. WITNESSES; WHO MAY ISSUE SUBPOENA

A subpoena for the appearance of witnesses and their examination under oath may be issued by any magistrate for the investigation of an offense or for a preliminary hearing. When the prosecutor, in those cases and under the conditions allowed by these rules, provides the court with the name and address of the accused person or witnesses this shall be understood to be a request for a subpoena, whether it be to determine cause for the trial or for any procedure pending a hearing. In these cases, the court must promptly issue or order the clerk of the court to issue the corresponding subpoena or subpoenas which shall be served by the court’s marshalIs or their delegates.

A judge of any court may issue or order the clerk to issue a subpoena for the appearance of any witness in court for the taking of depositions or for any hearing. The clerk of the court, upon application of the defendant, may issue subpoenas without charge for the same purposes.

Any prosecuting attorney may issue a subpoena for the appearance of witnesses and their examination under oath for the investigation of an offense. If a witness does not obey the subpoena, the court, at the request of the prosecuting attorney, shall issue an order for his appearance before said official on the date and the time indicated under penalty of contempt.

History —July 9, 1986, No. 80, p. 259, § 3.