P.R. Laws Ap. tit. 32A, § III, Rule 24.2

2019-02-20 00:00:00+00
Rule 24.2. During the appeal

If an appeal has been entered against a judgment of a court, or prior to entering an appeal if the term therefor has not expired, the part of the court which rendered the judgment shall allow the taking of the depositions of witnesses to perpetuate their testimony to be used in the event of further proceedings before it. In such case, the party who wishes to perpetuate the testimony may file a motion before the part of the court requesting permission to take the depositions, giving equal notice and service to the opposing party as if the action was pending in that part. The motion shall state:

(1) The names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and

(2) the reason for perpetuating their testimony.

If the court finds that perpetuation of the testimony is necessary to avoid a miscarriage or delay of justice, it may issue orders similar to those provided in Rules 31 and 32; and from then on these depositions may be taken and used in the same manner and under the same conditions provided in these rules for depositions in pending actions.

History —Amended on Dec. 25, 1995, No. 249, § 9, eff. May 1, 1996.