P.R. Laws tit. 4A, § 6

2019-02-20 00:00:00+00
Rule 6. Statement of the case or narrative statement of the evidence; transcript of evidence

(a) The appellant shall prepare a narrative statement of the oral evidence or a written relation of all the incidents in the case within twenty (20) days following the filing of the notice of appeal, except when a transcript of evidence is authorized as provided hereinbelow. Said statements or relations shall be served on the appellee, who shall present his objections or proposed amendments within the ten (10) days following service of notice. The narrative statement or relation, with the objections or proposed amendments, shall be immediately submitted to the judge for his decision and approval, which statement or relation shall be decided and approved within a term of ten (10) days and the Clerk of the Court shall include them, after decision and approval, in the record on appeal. If the judge is not in agreement with the statement or relation of the case, he shall submit the pertinent amendments to the parties, who shall have ten (10) days to object to the amendments submitted by the judge. If objection is made to the amendments, the judge shall set a hearing within ten (10) days to discuss the same. If there is no objection to the amendments made by the judge within said term, they shall be made part of the narrative statement or of the relation of the case.

(b) If the appellant feels there is a need for a transcript of the oral evidence presented before the District Court, he shall file a motion to that effect with the Court of First Instance within five (5) days after the appeal is filed, justifying the need thereof in the light of the errors assigned in the notice of appeal and making reference to the contents of the specific testimonies that he intends to use. After considering said motion, the Court of First Instance shall order whatever is proper at law according to the circumstances of the case, either denying the request or ordering a total or partial transcript of the evidence. The same procedure established in paragraph (a) above regarding the narrative statement or the relation of the case shall be followed in cases where the Court of First Instance orders a transcript prepared, except that it shall be prepared by the corresponding court reporter or transcriber, once the appellant pays the fees provided by law.

If the preparation of a partial or total transcript of the evidence takes more than forty-five (45) days without just cause, a narrative statement of the evidence shall be prepared instead of the transcript, pursuant to the provisions of this rule.

History —June 7, 1979, eff. Oct. 1, 1979.