Statutes, codes, and regulations
Laws of Puerto Rico
TITLE THIRTY-TWO AppendixAppendix III. Rules of Civil Procedure for the General Court of Justice, 1979PART V. PRETRIAL PROCEEDINGS
Rule 34. Refusal to make discovery and consequences
Rule 34.4. Failure of a party to attend at own deposition or serve answers to interrogatories or respond to request for inspection

P.R. Laws Ap. tit. 32A, § III, Rule 34.4

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2019-02-20 00:00:00+00
Rule 34.4. Failure of a party to attend at own deposition or serve answers to interrogatories or respond to request for inspection

If a party or an officer or managing agent of a party or a person designated under Rule 27.5 or 28 to testify on behalf of a party fails:

(1) To appear before the person before whom his deposition is to be taken after being served with a proper notice, or

(2) to serve answers or objections to interrogatories submitted under Rule 30, after proper service of the interrogatories, or

(3) to serve a written response to a request for inspection, after proper service of the request,

the court on motion of party may make such orders in regard to the failure as are just, and among others it may take any action authorized under clauses (1), (2) and (3) of subsection (b) of Rule 34.2. In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to comply or the attorney advising him or both to pay the reasonable expenses, including attorney’s fees, caused by the refusal, unless the court finds that the failure was substantially justified or that other circumstances make an award of expense unjust.

The failure to comply described in this subsection may not be excused on the ground that the discovery sought is objectionable unless the party failing to comply has obtained a protective order as provided by Rule 23.2.