P.R. Laws Ap. tit. 32A, § III, Rule 3.5

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Rule 3.5. Removal of actions

(a) When an action has been filed in an inappropriate part, if the defendant wishes to challenge said part jurisdiction, a motion to have the action removed to the proper part of the court shall be filed within a term of thirty (30) days from the date of notice of the suit and service of process. The motion for removal shall be duly sworn unless the facts on which the referred motion is grounded are clearly stated from the face of the complaint or from the record in the case. If no written opposition to the motion for removal is filed within ten (10) days following the service of notice of said motion the case shall be removed to the proper part of the court.

The filing of any motion or of a responsive pleading within the aforesaid thirty (30) day period shall not be considered a waiver of the right to petition for removal.

(b) The court may order an action removed from the part of the court where it is being heard to another part in the interests of justice or for the witnesses’ convenience.

History —Amended on Aug. 4, 1979, No. 197, p. 575, § 1; Dec. 25, 1995, No. 249, § 5, eff. May 1, 1996.