P.R. Laws Ap. tit. 32A, § III, Rule 34.1
If a party refuses to make the discovery requested, the party moving for discovery under this rule may upon reasonable notice to all persons affected thereby apply for an order compelling discovery as follows:
(a) Appropriate court. — An application for an order to a party may be made to the court in which the action is pending.
(b) Motion. — If a deponent refuses to answer a question propounded or submitted under Rule 27 or 28, or a corporation or organization fails to designate a person in accordance with Rule 27.5, or the party fails to answer an interrogatory submitted under Rule 30, or if a party, in response to an order made under Rule 31, fails to respond or fails to answer a request to carry out an inspection, the discovering party may move for an order compelling an answer, or a specification of the things requested, or an order compelling inspection in accordance with the request. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order.
(c) Evasive or incomplete answer. — For purposes of this subsection, an evasive or incomplete answer is to be treated as a failure to answer.
(d) Award of expenses. — If the motion is granted, the court shall, after opportunity for hearing, require the party or deponent who did not comply with the order or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses incurred in obtaining the order, including attorney’s fees, unless the court finds that the opposition to the motion was substantially justified or that, under the circumstances, an award of expenses would be unjust.
If the motion is denied, the court shall, after opportunity for hearing, require the moving party or attorney advising him or both of them to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney’s fees, unless the court finds that the making of the motion was substantially justified or that under the circumstances an award of expenses would be unjust.
Where the circumstances so require, the court may apportion the reasonable expenses incurred among the parties or the persons involved, or both.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.