P.R. Laws Ap. tit. 32A, § III, Rule 35.1
At any time prior to the ten (10) days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him for the money or property or to the effect specified in his offer, with the costs accrued up to that time. The offer shall comply with the following requirements:
(1) Shall be in writing and served to the party for which it is intended through certified mail.
(2) It shall specify who is making the offer and to whom it is directed.
(3) It shall establish the amount, if any, offered for damages.
(4) It shall specify the total amount of property and conditions offered.
(5) It shall establish the amount for costs accrued up to that time.
If within ten (10) days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and it shall not be admissible in evidence except in a proceeding to determine the costs, expenses and attorney’s fees or in a proceeding to enforce compliance of a judgment rendered, product of the offer of judgment.
If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs, expenses and attorney’s fees incurred by the party that made the offer after the making of the offer.
The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party has been determined by judgment, but the amount of the damages or the extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten (10) days prior to the commencement of the hearing.
History —Sept. 27, 2007, No. 126, § 1.