P.R. Laws Ap. tit. 34A, § II, Rule 8

2019-02-21 00:00:00+00
Rule 8. ARREST WARRANT OR SUMMONS: EXECUTION OR SERVICE

(a) Persons authorized.— The arrest warrant or summons may be executed or served by the Marshall of any section or part of the General Court of Justice or by any law enforcement officer or any other official authorized by law.

(b) Territorial limits.— The warrant or summons may be executed or served anywhere within the jurisdiction of the Commonwealth of Puerto Rico or outside of the Commonwealth of Puerto Rico when the treaties or agreements ratified by the United States of America so allow.

(c) Manner.— The warrant of arrest shall be executed by the arrest of the defendant or defendants. The officer need not have the warrant in his possession at the time of the arrest. If he has it, he shall show it to the defendant at the time of the arrest; if he does not have it, he shall inform the defendant of the offense charged and of the fact that a warrant for his arrest has been issued. Upon request he shall show the warrant to the defendant as soon as possible.

The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode, or by mailing it to the defendant’s last known address with acknowledgment of receipt. If the defendant is a corporation, service of the summons shall be made personally on one of its directors or officers or a resident agent, or by mailing it with acknowledgment of receipt.

(d) Return.— The officer executing a warrant of arrest shall make a return thereof to the magistrate before whom the defendant is brought, as provided by Rule 22.

The officer serving a summons shall make a return thereof and of the manner in which it was served by means of certification to that effect. In the cases where the summons were served by mail, the receipt thereof shall also be included.

History —Sept. 15, 2004, No. 317, § 2.