P.R. Laws tit. 32A, § 39.2
(a) Where the plaintiff fails to comply with these rules or with any order of the court, the court, on its own motion or on motion of a defendant, may dismiss an action or any claim against him or order that the allegations be eliminated, as the case may be.
In the case of a first failure to comply, the severe sanction of dismissal of the claim or elimination of the allegations shall only be in order after the court has first notified the counsel of the party in question and the opportunity to respond has been given thereto. If the counsel of the party does not respond to the notice, the court shall proceed to impose sanctions on the counsel of the party and the party shall be notified of the situation directly. After the party has been duly notified or advised of the situation and its consequences, if the same is not corrected, the court may order the dismissal of the complaint or the elimination of the allegations. The court shall grant a reasonable term to the party to correct the situation, which in no case shall be less than thirty (30) days, unless the circumstances of the case justify that the term be reduced.
(b) Whenever a civil action shall have been pending in any court for six (6) months without any required proceeding having been taken therein, the administrative judge shall order dismissal thereof unless failure to prosecute is reasonably accounted for. For the purposes of this rule, motions to stay, for transfer of hearing, or for extensions of time shall not be considered a proceeding taken.
In every case the administrative judge shall issue an order requiring the parties to state in writing, within the term of ten (10) days after service of notice by the clerk, the reasons why the action should not be dismissed.
(c) After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that under the proved facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. Unless the court in its order for dismissal otherwise specifies, a dismissal under this Rule 39.2, and any dismissal other than a dismissal for lack of jurisdiction or for failure to join an indispensable party, operates as an adjudication upon the merits.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1; Sept. 29, 2004, No. 493, § 1.