P.R. Laws Ap. tit. 32A, § III, Rule 40.4

2019-02-20 00:00:00+00
Rule 40.4. Subpoena for taking depositions; place of examination

(a) Proof of service of a notice to take a deposition as provided in Rules 27.2 and 28.1 constitutes a sufficient authorization for the issuance by the clerk of the part of the court of the place in which the deposition is to be taken, of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 23.1, in which event the subpoena will be subject to the provisions of Rule 23.2 and Rule 40.2.

The person to whom the subpoena is directed may, within ten (10) days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten (10) days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is raised, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may move, upon notice to the deponent, for an order at any time before or during the taking of the deposition.

(b) A resident whose deposition is to be taken may be required to attend an examination only in the place wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A nonresident may be required to attend only in the place wherein he is served with a subpoena, or at such other convenient place as is fixed by an order of the court.