P.R. Laws Ap. tit. 32A, § III, Rule 23.1
Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:
(a) In general. — The parties may obtain discovery regarding any matter not privileged, which is relevant to the matter in controversy in the pending action, whether it relates to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any books, information electronically stored, documents or other tangible objects and the identity and address of persons having knowledge of any pertinent facts. It is not grounds for objection that the information sought will be inadmissible at the trial, if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.
(b) Documents, tangible things and other evidence obtained in preparation for the trial. — Subject to the provisions of subsection (c) of this rule, a party may obtain discovery of documents and tangible things prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative including his attorney, consultant, surety, insurer or agent. Mental impressions, conclusions, opinions or legal theories of an attorney or other representative of a party concerning a litigation shall be protected against disclosure. A party may require from the other party a list of the persons whom the other party expects to call as witnesses at trial, as well as a brief summary of each witness’ proposed statement. Likewise, any party may require any other party to produce a copy of all witnesses’ statements within said party’s possession. Also, parties and witnesses alike may obtain a copy of any statement previously made by them. For purposes of this rule, a statement previously made is any written statement signed or approved by the person making it, or any recording of an oral statement, or a transcription thereof.
(c) Experts. — Discovery of expert evidence may be obtained as follows:
(1) A party may through interrogatories require any other party to furnish the names and addresses of all experts the other party has already consulted, and of those whom he expects to call as witnesses at trial. With respect to the latter, the party may also be required to state the subject matter on which the expert is expected to testify, and to state the substance of the expert’s opinions as well as a brief summary of the theories, facts and arguments supporting each opinion. Upon motion, the court may order further discovery of expert evidence by other means, subject to such conditions or restrictions as it may deem appropriate.
(2) A party may discover facts known or opinions held by an expert who has been retained by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 32.2 or upon a showing of exceptional circumstances under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.
(3) The court shall require that the party seeking discovery pay the expert a reasonable fee for time spent in responding to discovery. If the party seeking discovery of expert evidence should prove to the court’s satisfaction to be without means to pay said fees, the court may order discovery in such terms and conditions as it may deem just and reasonable.
(4) The court is empowered to summon expert witnesses other than those of the parties, subject to such conditions as it may in its discretion deem appropriate, including witness’ compensation by one or both parties.
(d) Continuing obligation to give information. — A party responding to a request for discovery is under a continuing duty to give his opponent any additional information obtained after response was made and which may be related to the discovery.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1; Dec. 26, 2006, No. 297, § 1.