P.R. Laws Ap. tit. 32A, § III, Rule 4.3

2019-02-20 00:00:00+00
Rule 4.3. By Whom Served; Term to Serve

(a) Service of process shall be made by a marshal or by any person not less than eighteen (18) years of age who can read and write, who is not a party or his attorney and who has no interest in the action. In the case of defendants who are outside Puerto Rico, the summons shall be served by a marshal of the jurisdiction where it is served or by an attorney authorized to practice law in said jurisdiction or in Puerto Rico or by a person specially appointed by the court for that purpose.

(b) A subpoena shall be served within a period of six (6) months from the date the lawsuit is filed. The office of the Clerk of the Court of First Instance shall issue such subpoena on the date the lawsuit is filed. If the office of the Clerk should fail to issue the subpoena on the same date, the courts shall grant an additional term for serving the subpoena equal to the number of days the issue is delayed. To that effect, the parties shall promptly file an application for deferment to serve the subpoena in connection with their lawsuit. Furthermore, such six (6)-month term may only be deferred under other circumstances and for a reasonable period if the plaintiff, in the discretion of the court, shows just cause for deferment and requests the same within the term originally prescribed. If the term originally prescribed or its deferment should lapse before the subpoena has been served, the case shall be dismissed with prejudice to plaintiff.

History —Amended May 12, 2009, No. 17, § 1.