P.R. Laws tit. 21, § 4853

2019-02-20 00:00:00+00
§ 4853. Taking of oaths, summons and production of documents

The Commission, its Associate Commissioners and its Secretary shall be empowered to take oaths, summon witnesses and compel the production of books, documents or other evidence that the Commission deems necessary or pertinent to the performance of its powers and duties.

When a witness summoned by the Commission fails to appear to testify or to produce the books, papers, records or documents as ordered, or when any witnesses that is summoned refuses to testify about any matter before the Commission, the Commission, its president or any of its associate commissioners may resort to the Court of First Instance of Puerto Rico to compel, under penalty of contempt, the appearance and testimony of the witnesses summoned and the production and delivery of the requested documents.

The Secretary of Justice [Attorney General] of Puerto Rico shall provide the Commission with the legal assistance to request the court’s assistance for the above purposes, when so requested by the President of the Commission. The Secretary shall also provide said legal assistance when the same is requested pursuant to the provisions of § 4852(c) of this title.

Upon presentation of a petition, the court shall peremptorily issue the requested subpoena enjoining and ordering the witness to appear before the Commission and testify, or produce the evidence and documents requested, or both matters. Any claim that a witness whose appearance is ordered through this mechanism may have, shall be settled in a separate action, aside from the petition made by the Commission and it shall not have the effect of preventing the appearance of the witness of staying the order issued to produce documents. Any constitutional or statutory right or privilege the witness may have with respect to his/her testimony or the production of documents shall be submitted to the Commission for adjudication.

History —Aug. 30, 1991, No. 81, § 18.003; Aug. 29, 2000, No. 222, § 2.