RULES OF THE SUPREME COURT OF PUERTO RICO 1996

PART VIII - RULES APPLICABLE TO ALL APPEALS; MISCELLANEOUS PROVISIONS

 
Rule 28     -   Motion for temporary order in aid of jurisdiction

           

            (a)  The Court may issue a temporary order in aid of jurisdiction when it is necessary to assert its jurisdiction in a matter pending its consider­ation.

 

            For purposes of this Rule, it shall be understood that the Court, not subject to the ordinary proceedings, will entertain any matter related to the appeal filed or pending, in order to avoid any adverse conse­quence that may affect its jurisdiction or that may cause substantial harm to a party while resolving the appeal.

           

            (b)  The provisions of Rule 16(e) apply to the issuance of these orders.

           

            (c)  The orders mentioned in this Rule may be issued motu proprio or on motion of a party.

           

            When a party seeks an order in aid of jurisdiction to stay the holding of a hearing, unless just cause is shown, the motion must be filed not later than five (5) days prior to the date set for the hearing sought to be stayed.

           

            (d)  If after passing upon the motion for an order, the Court deems that the matter does not meet the urgency requirement establis­hed in section (a) of this Rule, it will deny the motion, and the appeal under its consideration will follow the ordinary course.

           

            If the Court should determine that there is no urgency or that the petition for issuance of an order is frivolous, it may impose sanctions on the party, on his or her counsel, or on both.

 

            (e)  No order in the nature of a permanent injunction shall issue except as part of the final judgment rendered by the Court in the main action.

           

            (f)   All petitions for issuance of an order under this Rule shall conform, in the form and content, to the provisions of Rule 31.  It shall have the same caption as the main case.  It must be notified to the other parties and to any person against whom relief is sought, setting forth the fact of such service in the petition filed in the Court.

           

            (g)  The Court may, motu proprio or on motion of a party, order that an evidentiary hearing be held before it or before a Special Master.  Unless otherwise provided by the Court, and insofar as it is not inconsistent with this Rule, the Rules of Civil Procedure and of Evidence must apply to all hearings of this type, and the Clerk will issue the summonses and other orders required by the Special Master as if they had been ordered by the Court.

 

            (h)  The Special Master shall decide the admissibility arguments in accordance with the law.  At the close of the evidence, the Special Master will file a report with his or her findings of fact, exclusively grounded on the evidence presented and admitted.  The report must be presented to the Court, with a copy served on the parties, within thirty (30) days after the close of the evidence.  If neces­sary, the Court may require the report within a shorter term.  All the documentary and material evidence presented must be sent with the report.  Evidence presented, but not admitted, must be clearly identified as such, setting forth the reasons why it was not admitted.

           

            (i)   The parties will have a simultaneous term of twenty (20) days, counting from the date of service of the report, to offer their comments or objections.  At the end of said term, the Court will decide according to law.

 

            (j)   All hea­rings held before the Court or before a Special Master must be recorded.  The tape recorder operator will certify the correction of any transcript made.  A transcript of the recording shall be made only in the following cases:  (1) when ordered by the Court or by the Special Master, because they deem that the transcript is indispensable for drawing the findings of fact; or (2) when any of the parties objects to the findings of fact of the Special Master, and the Court deems that the tran­script is indispens­able for resettling the objections.  If making a recording is not possible, stenographic notes of the hearing shall be taken, which shall be transcribed only in keeping with these guidelines.  Notwithstand­ing the above, if for any reason the transcript of the oral evidence is unduly delayed, the Court may require the Special Master to draw his or her findings of fact without the transcript.

 

            (k)  This Rule 28 does not in any way affect the inherent power of this Court to order any court or administrative agency to take certain measures with regard to any matter pending before this Supreme Court, on appeal from said court or agency, when it deems that said measures are necessary in aid of, and for the protection of the jurisdiction of this Court.  The Court may issue said orders motu proprio or on motion of a party.

 
Rule 29     -   Bail on appeal

           

            The bail on appeal is governed by the provi­sions of Rule 198 of Criminal Procedure, as amended.  The provisions of Rule 16(e) of these rules shall also apply.

 
Rule 30     -   Criteria for issuing writs

           

            The Court, or Court divisions, will take into consideration the following criteria when determining whether or not to issue a writ of any kind under these Rules, a discretionary remedy, or a show cause order for subsequent evaluation:

 

(1)  If the remedy and the judgment or resolution sought to be reviewed, unlike its grounds, are contrary to law, considering this term in its broadest sense.

 

(2)  If a novel question is raised.

 

(3) even if not novel, if expression of the rule is important for the public inter­est.

 

(4) If the facts set forth present the most adequate situation for analyzing the problem raised.

 

(5) If the current rule should be redefined or changed.

 

(6) If a decision rendered by one of the parts of the Court of First Instance is in conflict with the decision rendered by another part, or if there is a conflict between the panels of the Circuit Court of Appeals over the question raised.

 

(7) If there has been prejudice, partiality [bias], or gross and manifest error in the weighing of the evidence by the trial court.

 

(8) If the question requires a more thorough consideration in light of the record of the case, which should be transmitted, and more elaborate briefs.

 (9) If the stage at which the case is brought is the most appropriate for its consideration.

 

(10) If issuance of the writ or of the show cause order does not cause an undue fragmenta­tion of the action, and an unwanted delay in the final adjudication of the same.

 

(11) If granting the writ or issuing a show cause order otherwise contributes to this Court’s duty to vindicate and set down the law in Puerto Rico.

 

(12) If the other requirements established in the Rules of this Court have been met.

 
Rule 31     -   Motions

 

            (a)  When in a case filed in this Court a party seeks an interlocutory ruling that does not meet the Rule 28 urgency requirement, the party may seek it by a motion to that effect.  This motion will be docketed with the main case.

           

            (b)  In any case in which a motion for an interlocutory ruling of any kind is filed with the Court and the main case has not been filed, the clerk will record said motion in the pertinent motion book.

           

            (c)  All motions must be served on all the other parties, and the fact of such service must be set forth at the time of filing the motion.  The name of the movant must appear in the opening paragraph of every motion.

 

            (d)  Any party who wishes to express himself or herself in favor or against a motion for relief must do so within ten (10) days after the mentioned service.

 

            (e)  Where appropriate, the motion shall set forth the legal grounds on which it is based, and include such argument and citation of authorities as the movant may deem necessary.  The filing of a separate memorandum of authorities shall not be permitted.  No motion shall exceed ten (10) pages.

 
Rule 32     -   Dismissal

 

            (a)  The party seeking relief in a case may file at any time a motion to dismiss the same.

           

            In criminal cases, the motion to dismiss must be accompanied by an affidavit made by the defendant, indicating his or her intention to dismiss.

           

            (b)  Any party may seek by motion the dismissal of any appeal on the following grounds: (1) this Court lacks jurisdiction to pass upon the appeal; (2) the appeal has not been perfected according to law; (3) the appeal has not been prosecuted with due diligence or in good faith; (4) the appeal is frivolous; or (5) the appeal has become moot.

 

            (c)  In cases of original jurisdiction, the motions to dismiss are governed by Rule 39 of the Rules of Civil Procedure.

 

            (d)  The Court has the faculty to dismiss motu proprio any appeal for the reasons set forth in section (b) above.

 
Rule 33     -   Briefs

 

            (a)  This rule applies to all briefs filed with this Court, except for the briefs filed in administrative appeals.

           

            (b)  The cover of the brief shall include only the caption of the case, the identification of the party filing the brief (brief for appellant, or brief for petitioner, as the case may be), and the name, address, telephone number, fax number, and bar association number of the parties’ counsel, or of the party, if unrepresented.

           

            (c)  The page immediatedly following the cover shall contain a detailed index to the brief, which must conform to the provisions of Rule 38.

           

            (d)  In cases of original jurisdiction, the brief of the petitioner must contain the following numbered parts in the same order here indicated: (1) the citations of the legal provisions that establish the jurisdiction of this Court;  (2) a brief statement of the facts of the case; and (3) a thorough discussion of the merits of the petition.  The briefs of the adverse parties must contain only a discussion of the merits of the petition that may include the aspect of the authority of this Court to issue the writ.  A brief statement of the facts may be included if the adverse party is in disagreement with that made by the petitioner.

           

            (e)  In appeal (Rule 17), certiorari (Rule 20), and certification (Rule 23) proceedings, the brief of the appel­lant or of the petitioner, as the case may be, must contain 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 judgment, resolution, or order appealed or sought to be reviewed, including the title and number of the case, the issuing court, the date of issuance including, where appropriate, the date of entry in the record of a copy of the notice of judgment, and, in cases that did not originate in the court from which appeal is taken, a full reference to the original judgment, resolution, or order), and the filing date of the notice of appeal, certiorari, or certification; (3) a brief statement of the substantive and procedural facts that are relevant to the petition; (4) a brief and concise statement of the issues raised, including, in appeals, the jurisdic­tional grounds supporting the constitutional questions involved; and (5) a separate discussion of the above matters.

 

            (f)   The brief mentioned in sections (d) and (e) must not exceed fifty (50) pages, and the brief mentioned in section (i) must not exceed forty-five (45) pages, exclusive of the index and the appendix.

 

            (g)  The brief in original jurisdiction cases need not have an appendix; reference may be made to the appendix to the petition.

           

            (h)  Except as provided in the preceding section, the brief mentioned in section (e) shall include an appendix that will contain an exact copy of: (1) the pleadings of the parties and the judgment or decision sought to be reviewed, including the findings of fact and the conclu­sions of law on which it is grounded; and (2) any other document that is part of the record mentioned in Rule 35, and which the appellant or the petitioner especially wishes to bring to the attention of the Court.  The provisions of this section are subject to the Rule 34(f) exception.

           

            (i)   The reply briefs will be filed with the Court within thirty (30) days following the filing date of the other party’s brief.  If the adverse party is in disagreement with the statement of facts made by the appellant, he or she may thus state it and include his or her own statement.   If, for whatever reasons, the adverse party challenges the authority of this Court to grant the relief sought, he or she will discuss said matter separately. Except for original jurisdiction cases, each one of the issues raised by the appellant or by the petitioner will also be discussed separately.

           

            (j)   A party, if he or she so wishes, may add an appendix to the reply brief.

           

            (k)  A party who has filed a duly grounded petition or motion concerning the issuance of a writ may submit the matter without filing a brief.  The party in question must set forth such intention in an informative motion, and the date of filing and service of said motion will be equivalent, for all pertinent purposes, to the date of filing and service of the brief. Notwithstanding the above, the Court may order that a brief be prepared and filed in any case it may deem pertinent.

           

            (1)  A motion to dismiss filed in any case will not interrupt the terms for filing briefs.

 
Rule 34     -   Appendixes

 

            (a)  Any paper filed in the Court may be accompanied by an appendix, which must conform to the provisions of this rule.

           

            (b)  The pages of the appendix must be consecu­tive­ly numbered. If the appendix has more than one document, it will be preceded by an index that indicates the page number where each document may be found.

           

            (c)  The appendix shall contain a copy of all the documents that are necessary to establish the jurisdiction of the Court.  These documents must clearly show the filing date and hour as stamped by the Office of the Clerk of the pertinent court.  The appendix shall also contain proof of the date of notice of entry in the record of the case of a copy of the notice of judgment, ruling, or order.

 

            (d)  The appendix shall not contain copies of documents that are not part of the record of the trial court, unless in the case of excerpts from statutes, regulations, caselaw of the Supreme Court or of other courts, and from other authorities cited in the petition, motion or brief, if, because of their length, it would be inconvenient to reproduce them in the body of said document.

 

            (e)  Section (d), above, shall not apply to cases of original jurisdiction and to proceedings in aid of jurisdiction, which may also include in the appendix affidavits that are pertinent to the petition.     

           

            (f)   Notwithstanding the provisions of Rule 33 or of any other rule, an appendix need not contain a document already included in the appendix of a previous document in the same case.  When reference is made to that document in a later paper, reference must be made to the appendix to the previous paper.

 
Rule 35     -   Preparation of record

 

            (a)  The record mentioned in Rule 17 (Appeal), Rule 20 (Certio­rari), and Rule 23 (Certification) shall consist of the entire record under the consideration of the circuit court of Appeals, as well as of all the documents that were filed in the Circuit Court of Appeals and that were produced by said court.  In petitions for certiorari, the record shall be prepared after the writ is issued, unless the Court provides otherwise.

           

            (b)  The record on appeal shall have an index and a cover with the title.  It must not be fastened with wires.  The index to the transcript of evidence shall contain the names of the witnesses, the page where their statements are found, and the page where each exhibit is found.

           

            (c)  Upon receipt of the record on appeal, the Clerk of this Court will enter the case in the pertinent book and serve notice thereof on the parties’ counsel and on the Clerk of the Circuit Court of Appeals.

           

            (d)  In original criminal, civil, or administrative cases in which the Circuit Court of Appeals had not ordered the transmission of the original record, and this Court deems that said record is necessary to better dispose of the petition under its consideration, this Court will order the Court of First Instance to transmit the record.  The Clerk of the Court of First Instance, or the pertinent Administrative Agency, that issued the judgment or ruling shall transmit the record, along with an index and a certification as to its particulars, within thirty (30) days from the date of service of the order issued by this Court.  The Clerk of the Supreme Court shall notify the parties of the receipt of the original record.

 
Rule 36     -   References to the transcript of evidence

           

            When reference is made in any document to the facts of the case, and a tran­script of evidence exists, the page(s) of the transcript where the testimony establishing the facts at issue appears must be indicated in parenthesis for each reference.

 
Rule 37     -   Correction of the record

           

            Any of the parties may file a motion to correct an error or defect in the record of the case.  If adequate cause exists, the Court may issue a resolu­tion to order the Clerk to make the pertinent correction, or to order the officer responsible for making such correction to send to this Court a certified copy of all or part of the record, as required.  Any party may file said certification without an order therefor.

 
Rule 38     -   Indexes

 

            Except for the index to the appendix, which is governed by Rule 34, and the index to the record, which is governed by Rule 35, all other indexes filed in this Court must conform to the following rules:     

 

(a)  First there must be a Table of Contents indicating the page of the paper on which each part begins.  When reference is made in the index to the issues raised in the action, the full text of the issue must be copied in the index.

 

(b)  A detailed Legal Index must follow, indicating, in alphabetical order, all the cases cited in the paper and the pages on which they are cited.  Cases from Puerto Rico, from the United States, and from other jurisdictions, shall be listed separately.  This shall also be the case with the cited statutes, as well as with commentators, review articles, and other sources.

 
Rule 39     -   Service [*]

 

            (a)  Except for petitions in cases of original jurisdiction, which must conform to the rules governing such proceedings, all petitions filed in this Court shall be served on counsel for the other parties, or on the parties themselves, if not represented by counsel, and the fact of such service shall be set forth in the very document filed in the Court. When several parties are involved, counsel for each party shall be served. However, in mandamus proceedings directed against a judge with regard to  a  case  pending  before  his  or  her  consideration,  the  petitioner,  in

keeping with this rule, shall serve notice on the judge, on the other parties to the action that gave rise to the petition for mandamus, and on the court where the case is pending.

 

            Service shall be made by certified mail, return receipt requested, or through a similar personal delivery service with acknowledgment of receipt.  The parties shall be served within the jurisdictional or strict-compliance filing term, as the case may be.  When service is made by certified mail, return receipt requested, notice shall be sent to all the parties at the mailing address appearing in the latest document in the record of the case.  In the alternative, if the party is represented by counsel, notice shall be sent to counsel at the address appearing in the roll of attorneys kept to such effects by the Clerk of the Supreme Court.  The postmark will be considered as the date of service on the parties. Personal service shall be made at the office of the parties’ counsel, and delivery shall be made to them or to any person in charge of the office.  If a party is not represented by counsel, service shall be made at the party’s domicile or address of record, on any responsible person of legal age present therein.  When personal delivery is made, the manner and circumstances of such service shall be certified within seventy-two (72) hours following delivery.  This term shall be of strict compliance.

           

            In circumstances not foreseen by this Rule, the Court, motu proprio or on motion of a party, will provide the service procedure that best conforms to the particular circumstances of the case.

 

            (b)  Any subsequent paper filed in the Court shall be simultaneously served on the parties, and the manner of such service shall be certified therein. Service may be made personally or by mail.

 
Rule 40     -   Form of papers; copies

           

            (a)  All papers filed with the Court, and the copies served on the parties, shall bear a caption with the title and number of the case.  Said papers, and all the copies, must be signed by counsel or by the party, if not represented by counsel. 

           

            (b)  All papers filed with this Court shall be made in pica or larger typeface.  The lines must be double-spaced, on legal-size paper (8½” x 14”) on one side of the paper only. The left- and right-hand margins must be of not less than ½” each.  The paper must not be fastened with wires.

           

            (c)  Every document that is part of an appendix must strictly conform to section (a) above; however, single-spaced photocopies of original documents may be made if said copies are clearly legible and meet the other section (a) requirements.

           

            (d)  All documents shall be filed with this Court in original and nine (9) clearly legible copies, which may be mimeographed, photocopied, or duplicated by machines of analogous efficiency.  Carbon copies shall not be accepted under any circumstances.  The Clerk shall ensure that this provision is strictly complied with and, if necessary, shall apply the Rule 9(d) corrective measures.  Exception shall be made of the record mentioned in Rule 35, which may be transmitted only in original, and of the transcript of evidence, which shall be transmitted in original and three (3) copies.

 

            (e)  When these rules establish a maximum number of pages for a document, the document may not contain pages in excess of such maximum.  The Court shall make no exceptions unless a motion is filed justifying such excess with specific reasons and not with mere generaliza­tions.

           

            (f)   The Clerk shall not accept or allow the filing of a separate memorandum of authorities in support of a document. The pertinent authorities must be always included and discussed in the body of the papers.

 
Rule 41     -   Oral argument

           

            (a)  The time allowed counsel for oral argument shall be as follows:

 

(1)  In all cases, except in criminal cases and motions, the maximum time will be of one (1) hour: twenty-five (25) minutes to each party for the main argument, and five (5) minutes to reply.

 

(2)  In criminal cases, forty (40) minutes: fifteen (15) minutes for each party, and five (5) minutes to reply.

 

(3)  In motions hearings, thirty (30) minutes: ten (10) minutes for each party, and five (5) minutes to reply.

 

(4)  The Court may, by order to such effects, increase or reduce said time in any case.

 

            (b)  The matters shall be announced by the Clerk once the Court is in session, and shall be addressed in the established order.

           

            (c)  The Court, on its own motion, or on motion of any of the parties, may hear cases jointly when the same parties appear in each case, or when the same fundamental questions are involved; but, the granting or denial of a motion seeking joinder shall always be left to the discretion of the Court.

           

            (d)  While addressing the Court and while making their reports, counsel shall stand unless, by reason of illness or physical disability, the Court grants them permission to remain seated.

 

            (e)  During oral argument, counsel must: (1) briefly state the facts of the case to put it in the proper perspective; (2) indicate the issues in controversy; and (3) state their position.  Argument must be limited to the issues in controversy. Reference shall not be made to facts that are not in the record unless by leave of the Court, sought in advance by written and duly grounded motion served on all parties.

 

Rule 42     -   Substitution of parties

           

            (a)  In the event any of the parties dies while a proceeding is pending in this Court, the heirs or legal representative of the deceased party shall notify the Court of the party’s death within a period of thirty (30) days of the date such death is known.  The Court, on motion made within six (6) months of said notice, will order that the proper person be substituted for the deceased.  If the motion for substitu­tion is not voluntarily made, the other party may request that the death be entered in the record, and the proceedings shall continue as the Court may direct.

           

            (b)  When a public officer is a party to a proceeding in this Court in an official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action shall not abate and his or her successor is automatical­ly substituted as a party.  Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded.  The order of substitu­tion may be entered at any time, but the omission to enter such an order shall not affect the substitution.

           

            (c)  When a public officer is a party to an appeal or other proceeding in this Court in an official capacity, he or she may be designated by his or her official title rather than by name.

 
Rule 43     -   Brief of an amicus curiae

           

            The Court, motu proprio or on motion of any interested party, may invite or authorize an amicus curiae brief in any case before the Court.  Unless otherwise ordered by the Court, the motion shall be filed at least ten (10) days before the case is submitted for a decision.

 
Rule 44     -   Opinions of the Court

           

            (a)  All decisions of the Court shall be certi­fied by the Clerk, and it shall be stated that such decisions were so agreed by the Court.  Decisions issued by a Court division shall indicate the Justices that constitute such division.  The decision shall always indicate the Justices who took no part in the decision, and the concurring and dissenting opinions.  The clerk’s certificate shall be based on that made by the Justice who wrote the opinion of the Court, which shall state the above-mentioned particulars.

 

            (b)  All Court decisions (whether signed or per curiam) shall be delivered by the Clerk to the Reporter of Decisions, to the Bar Association, and to any bona fide organization that may request them for publication.  The Clerk shall uniform­ly and consecutively number the decisions before sending them out to the Office of the Reporter of Decisions, to the Bar Association, and to any bona fide organization that may request them.  Unless otherwise expressly ordered by the Court, judgments rendered without an opinion shall not be sent for publica­tion.

 

            (c)  The official version of the opinions issued by the Court shall be that published by the Reporter of Decisions of the Court.

           

            (d)  Since unpublished judgments will not be available to the general public, it shall be improper to cite before any forum, as authority or precedent, a Court decision issued without an opinion or not published by the Bar Associa­tion or by the Court itself.

 

Rule 45     -   Motions for reconsideration (rehearing); mandates

           

            (a)  Ten (10) working days after the parties have been  served  with  a  copy  of  the  Court  decision  or resolu­tion, the Clerk shall send the mandate to the Court whose decision was reviewed, unless a motion for reconsid­eration is filed within said term or the Court orders a stay of mandate.

           

            (b)  All motions for reconsideration must be filed within the jurisdictional term of ten (10) working days mentioned in section (a) of this Rule, and must not exceed ten (10) pages.  A separate memorandum of authorities or motion for extension to ground a motion for reconsideration already filed shall not be accepted.  Citations of authorities shall be discussed in the body of the motion.  The Clerk shall deny outright any motion for extension to file a motion for reconsideration or a brief in support thereof.

 

            (c)  If the motion for reconsideration is denied, the mandate shall issue three (3) working days after a copy of the resolution is sent to the parties.  Only one subsequent motion for reconsideration shall be allowed, and it shall be filed within the mentioned period of three (3) days.

 

            (d)  If, on reconsideration, the Court should amend or in any manner modify its judgment or opinion, the aggrieved party may file a motion for reconsidera­tion within ten (10) working days following notice of the entry of a copy of the notice of the amended judgment or opinion, or of the resolution amending such opinion or judgment, as the case may be.

 

            (e)  In any case in which a judgment or resolution of this Court may be reviewed on certiorari by the Supreme Court of the United States of America, issuance of the mandate to the reviewed court may be stayed, on motion of a party, for a reasonable time.  If during such time a certificate of the Clerk of the Supreme Court of the United States of America is filed in the Office of the Clerk, showing that the petition for certiorari, the record, and the brief have been filed in said Court, the mandate will be stayed until final disposition of the petition for certiorari.  When a copy of the order of the Supreme Court of the United States of America denying issuance of the writ is filed, the mandate shall issue immediately to the reviewed court.  The party moving for stay of mandate shall state the issues to be raised in the petition for certiorari, making reference to the pertinent facts and circum­stances of the case.

 

Rule 46     -   Orders to show cause

           

            (a)  At any time after a writ has been requested, the Court may order the parties to show cause why it should not issue the writ and reverse or modify the judgment as ordered.

 

            (b)  Once the show cause order is issued, the parties must answer the same within the simultaneous term specified therein.  The answer must not exceed fifteen (15) pages, exclusive of the index and the appendix.

           

            (c)  Once the term to answer has expired, the Court shall decide according to law:  (1) denying the writ; (2) issuing the writ and reversing, modifying, or affirming the judgment or resolution; (3) ordering that the ordinary proceedings continue; or (4) rendering any other order or ruling.

 

Rule 47     -   Translations in forma pauperis

 

            (a)  At the request of any indigent party or of his or her counsel, and for purposes of seeking review in the Supreme Court of the United States of America of a judgment rendered by the Supreme Court of Puerto Rico in a civil or criminal action, this Court, through the Clerk, shall issue, free of cost, certified copies of the English translation of those parts of the record so designated by appellant pursuant to the Rules of the Supreme Court of the United States of America, as well as of any counterdesignation made by appellee pursuant to said Rules.  Also, in every case, a certified copy must be issued of the English translation of the opinion and judgment of this Court and of the notice of appeal filed.  In the case of a petition for certiorari filed in the Supreme Court of the United States of America, a certified copy must be issued of the English translation of the record of the case.

 

            (b)  The motion to such effects, which shall be filed with the Office of the Clerk, must contain a verified statement of the facts that establish movant’s indigence status or inability to pay for the certified copies needed.  The motion must also include at least two (2) affidavits of persons who know movant, attesting to the party’s indigence or inability to pay for the certified copies.

           

            (c)  In criminal cases, the motions and affidavits shall be served on the Solicitor General.  In civil cases, they shall be served on the adverse party.

 

            The parties thus notified may file a brief in opposition and supporting affidavits within the following ten (10) days.

 

            (d)  The Court shall grant or deny the motion on the basis of the documents filed or, it may, at its discretion, set a hearing on the matter.

 

Rule 48     -   Terms to file papers; extensions

 

            (a)  Whenever, under these rules or by order of the Court, a brief must be filed in Court within a specific term or day, said term shall expire at 5:00 p.m. of that day.  The hour will be determined by the time stamp of the Court.

 

            No Court officer or employee, unless expressly ordered by the Court, is authorized to receive petitions or briefs filed outside the hours established in Rule 9(a) of these Rules or in any place othe­r than the Office of the Clerk.

 

            (b)  Any motion for an extension of time must be received by the Court not less than three (3) working days before the expiration date sought to be extended.  No motion that fails to meet this requirement or that seeks to extend a term established by the Court as final and unextendable shall be granted.

 

            (c)  The term of every extension granted by the Court starts to run on the expiration date of the term sought to be extended.

           

            (d)  Motions for extension of time must be grounded on specific reasons, not on mere generalizations.  As a general rule, the counsel’s heavy workload shall not be considered adequate grounds for justifying an extension.

 
Rule 49     -   Penalties

 

            If the Court determines that a petition or motion under its consideration is frivolous, or that it was filed to delay the proceedings, it may deny the same and impose on the party, on counsel, or on both, in addition to the costs, expenses, and attorney’s fees, any additional money sanction it may deem appropriate in favor of the Commonwealth of Puerto Rico, of a party, of its counsel, or of both.  The Court may also take any other measures it may deem pertinent and necessary.

 
Rule 50     -   Additional rule-making authority

 

            In situations not foreseen by these rules, the Court shall conduct the proceedings in the manner it may deem that best serves the interests of all the parties.

 

            The Court reserves the faculty to dispense with any specific term, paper or proceeding in order to achieve the most efficient and fair disposition of the case or the matter at issue.

 

Rule 51     -   Effective date

 

            These Rules shall become effective May 1, 1996.  Once in force, the Rules of the Supreme Court adopted on January 13, 1995, as amended, will be repealed, except where they must be applied in accordance with the Transitory Rules Governing the Application of the Rules of the Supreme Court.

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[*] [Translator’s note:  The Supreme Court amended the second paragraph of section (a) of this Rule by Resolution of May 24, 1996.]