LEX90000

RULES OF THE SUPREME COURT OF PUERTO RICO 1996

PART VII - ADMINISTRATIVE APPEALS

Rule 27 - Administrative appeals

(a) An appeal from a final decision of the Registrars of Property denying an entry requested shall be perfected by filing with the Clerk of the Supreme Court a paper entitled “Administrative Appeal.”

(b) The caption of the administrative appeal shall contain the name of the interested party and the name of the Registrar in charge of the corresponding Section of the Registry of Property, identifying the parties as “petitioner” and “respondent.”

(c) The administrative appeal brief shall have the following numbered parts, in the order here indicated: (1) the citations of the legal provisions that establish the jurisdiction of this Court; (2) a reference to the final decision sought to be reviewed, including the names of the interested parties and of the Registrar who issued the final decision, the date on which the original decision was notified, the date on which reconsideration was sought before the Registrar, and the date on which denial of the reconsideration was notified; (3) a brief statement of the facts that are relevant to the appeal, including a copy of the document denied and of the notification of the decision; (4) a statement of the objections to the decision; and (5) the argument of the grounds supporting the appeal.

(d) The cover of the petition shall only include the caption; the name, address, telephone number, fax number, and bar association number of petitioner’s counsel, and the name, address, and telephone number of the respondent Registrar. The page immediately following shall contain an index to the petition, which must conform to Rule 38.

(e) The petition will not exceed twenty-five (25) pages, exclusive of the index and the appendix.

(f) The petition shall constitute the petitioner’s brief. The filing of separate memorandum of authorities shall not be permitted. The arguments and legal grounds must be set forth in the body of the petition

(g) The petitioner shall serve the respondent Registrar with a copy of the petition as prescribed by section 77 of Act No. 198 of August 8, 1979, known as the Mortgage Act, or by its Regulations, 30 P.R.R. & R. § 2003-89.1, or both.

(h) Within twenty (20) days following receipt of the petition, the respondent Registrar will file a brief in support of his or her action. Said brief must not exceed twenty-five (25) pages, exclusive of the index and the appendix. The brief will have an index as prescribed by Rule 38, and will be notified as prescribed by rule 39.

(i) Within five (5) days following the notice of the appeal, the respondent Registrar must send to the Supreme Court, personally or by certified mail, return receipt requested, the examined document, and the petition for reconsideration filed by the interested party, along with the legal grounds for denial.

(j) The Clerk of the Court will enter the administrative appeal in the pertinent docket.

(k) When, in keeping with section 77 of Act No. 198 of August 8, 1979, known as the Mortgage Act, the Registrar submits to the Supreme Court the document denied entry in the Registry and a brief in support of his or her actions, with notice to the interested party, the Clerk will enter it in the pertinent docket as an administrative appeal. The interested party will have ten (10) days to file his or her brief, and the appeal will be deemed submitted once it is filed. The parties’ briefs will be governed by this Rule, but, in the title, the Registrar must appear as “petitioner” and the title holder as “respondent.”

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