Statutes, codes, and regulations
Laws of Puerto Rico
TITLE THIRTY-TWO AppendixAppendix III. Rules of Civil Procedure for the General Court of Justice, 1979Part VIII. PROCEEDINGS SUBSEQUENT TO JUDGMENT
Rule 53. Procedure to file an appeal, a writ of certiorari and a petition for certification
Rule §53.9. Stay of proceedings

P.R. Laws Ap. tit. 32A, § III, Rule 53.9

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2019-02-20 00:00:00+00
Rule §53.9. Stay of proceedings

(a) Once a bill of appeal is filed, all further proceedings in lower courts regarding a judgment or any part thereof which is appealed, or the issues contained therein, shall be stayed, except for an order to the contrary, issued on its own initiative or by petition of a party thereto by the court of appeals; but the Court of First Instance may continue the action with regard to any matter involved therein which is not included in the appeal, provided that the proceedings in the Court of First Instance shall not be stayed whenever the judgment orders the sale of goods susceptible to loss or damage, in which case the Court of First Instance may order such goods to be sold and the proceeds deposited until the appellate court has pronounced judgment.

(b) The filing of a writ of certiorari shall not stay the proceedings in the respondent court, except for an order to the contrary issued by the court of appeals on its own initiative or by petition of a party. The issuing of a writ of certiorari shall stay the proceedings in the respondent court, except in the case of a writ of certiorari issued by the Circuit Court of Appeals to review a resolution or order of the Court of First Instance pursuant to § 22k(f) of Title 4.

(c) The filing of a writ for certification shall not stay the proceedings in the Circuit Court of Appeals of the Court of First Instance, except when the Supreme Court issues an order to the contrary, on its own initiative or by petition of a party. Insofar as temporary restraining orders and injunctions are concerned, they shall be governed by the provisions of Rule 57.6.

(d) The effects of an appealed judgment shall not be stayed, except through an order to the contrary issued in its own initiative or upon petition of a party by the court of appeals, which includes any of the following remedies:

(1) An injunction, mandamus or restraining order;

(2) an order to pay child support;

(3) an order on custody on filial relations.

History —Amended on Dec. 25, 1995, No. 249, § 28, eff. May 1, 1996.