LEX90000

RULES OF THE SUPREME COURT OF PUERTO RICO 1996

PART IV - appeal

Rule 17 - Proceedings on appeal from final judgments in civil cases from the Circuit Court of Appeals

(a) The appeal from a final judgment in a civil case from the Circuit Court of Appeals will be perfected by filing a notice of appeal with the Office of the Clerk of the Supreme Court and serving a duly numbered and time-stamped copy on the Office of the Clerk of the Circuit Court of Appeals within a period of seventy-two (72) hours. This term is of strict compliance. One (1) original and nine (9) copies must be filed, as prescribed by Rule 40 of these Rules.

(b) except as provided in section (c) of this Rule, the filing of the notice of appeal with the Court will stay the proceedings in the lower courts, unless otherwise ordered by this Court, motu proprio or on motion of a party. The lower courts may continue entertaining any other matter not included in the appeal.

(c) The effects of a judgment sought to be reviewed shall not be stayed, unless otherwise ordered by the Court motu proprio or on motion of a party, when any of the following remedies is involved: 1) an injunction, mandamus, or cease and desist order; 2) a support payment order; 3) a custody or visitation rights order; or 4) a judgment providing for the sale of goods liable to loss or deterioration.

(d) The caption on appeal shall contain the name of the Court (In the Supreme Court of Puerto Rico) and the names of the same parties that appeared before the court from which appeal is taken, adding the designation “appellant” and “appellee” in the appropriate places.

(e) The record prepared according to Rule 35 shall constitute the record on appeal.

(f) The appeal must be perfected within a period of thirty (30) days. In cases in which the Commonwealth of Puerto Rico, its officers, any instrumentality, not a public corporation, and the municipalities, are a party to the action, the appeal must be perfected within a period of sixty (60) days. The period to perfect an appeal before the Supreme Court will begin to run from the date of entry in the record of the case of a copy of the notice of the judgment appealed from. When a motion for reconsideration is filed in the Circuit Court of Appeals, said period will begin to run from the date of entry in the record of the case of a copy of the notice of the resolution resolving the motion for reconsideration. The Circuit Court of Appeals must resolve the motion for reconsideration within a period of thirty (30) days after it was submitted.

(g) The notice of appeal shall contain the following numbered parts in the same order here indicated: (1) a legal and subject-matter index that conforms to the provisions of Rule 38 of these Rules; (2) a statement of the statutory provisions that establish the jurisdiction of this Court; (3) a brief, well-grounded discussion of the jurisdictional grounds; (4) a reference to the judgment appealed from, including the title and number of the case, the issuing court, the date of issuance, and the date of entry in the record of a copy of the notice of judgment; (5) a reference to the original judgment of the Court of First Instance, that includes the title and number of the case, the issuing court, the date of issuance, and date of entry in the record of a copy of the notice of the same; (6) the specification of any other proceeding concerning the same case, pending before this Court or before the Circuit Court of Appeals on the date the appeal is filed; (7) a brief statement of the substantive and procedural facts that are relevant to the consideration of the appeal; (8) an assignment of errors; and (9) a brief discussion of the errors.

(h) the cover of the notice of appeal shall contain only the caption, the name, mailing address, telephone number, fax number, and bar association number of appellant’s counsel, and the name, mailing address, telephone number, fax number, and bar association number of counsel for all the other parties. The page immediately following will contain an index to the notice of appeal, which must conform to Rule 38.

(i) the notice of appeal must not exceed 20 pages, exclusive of the index and the appendix.

(j) The appendix to the notice of appeal must conform to Rule 34 of these Rules. It shall include a copy of the notice of entry of the judgment in the record of the case, and all the documents necessary to establish jurisdiction.

(k) All the documents necessary to establish jurisdiction must clearly and legibly show the filing date and time as stamped by the Court.

(l) Appellant shall be responsible for giving notice of the notice of appeal to all the parties as prescribed in Rule 39.

Rule 18 - Specific proceedings for appeals

(a) Determination of unconstitutionality

(1) In addition to the Rule 17 requirements, when the appellant alleges in a civil case that the final judgment of the Circuit Court of Appeals from which appeal is taken includes a determination of unconstitutionality of all or part of a statute, a joint or concurrent resolution, a rule or regulation of a public agency or instrumentality, or a municipal ordinance, in accordance with section 3.002 (b) of the 1994 Judiciary Act of Puerto Rico, as amended, appellant must include the pertinent reference to said statute, joint or concurrent resolution, rule or regulation, or municipal ordinance, and show that the judgment appealed actually declares unconstitutional, in whole or in part, the provision in question.

(2) If the Supreme Court finds that the judgment appealed does not include a determination of unconstitutionality of any statute, joint or concurrent resolution, rule or regulation of a public agency or instrumentality, or municipal ordinance, in accordance with section 3.002 of the 1994 Judiciary Act of Puerto Rico, as amended, and the appellant wishes to have the appeal treated as a petition for certiorari, it must meet the requirements established for petitions for certiorari, thus allowing the Court to exercise its discretion in the issuance or denial of the writ.

(b) Conflict between prior decisions of the Circuit Court of Appeals

(1) In addition to the Rule 17 requirements, when in the notice of appeal the appellant argues that there is a substantial conflict between prior decisions of the Circuit Court of Appeals, the appellant must include in the notice of appeal a summary of the facts and of the grounds of the decisions in alleged conflict. The appellant must also clearly and concisely establish the similarity between the appealed case and the case or cases that are allegedly in conflict, and specifically state what the conflict is about. The appellant must also include in the Appendix to the notice of appeal a copy of the prior decisions of the Circuit Court of Appeals that are allegedly in conflict.

(2) If the Supreme Court finds that there is no substantial conflict with other judgments of the Circuit Court of Appeals in civil cases appealed before said Court, or that said judgments are not similar to the case filed, the Supreme Court may treat the appeal as a petition for certiorari. In that case, the petition must meet the requirements established for the petition for certiorari, thus allowing the Court to exercise its discretion in the issuance or denial of the writ.

Rule 19 - Briefs on appeal

(a) Within thirty (30) days after receipt of the notice mentioned in Rule 35 (c), the appellant will file his or her brief, which must meet the Rule 33 requirements.

(b) Within thirty (30) days after receipt of the copy of the appellant’s brief, the appellee will file his or her brief, which must also meet the Rule 33 requirements.

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