End OF THE LINE: NEW HARD TIME LIMITS TO SERVE SUMMONS IN CASES FILED IN PUERTO RICO COURTS
August 20, 2018
Recently, the Supreme Court of Puerto Rico issued an Opinion where it held that the term of 120 days to serve process upon defendants may not be extended. The Opinion clarifies that courts have no discretion to extend the 120-day term that a plaintiff has to serve a defendant under the Puerto Rico Rules of Civil Procedure. Failure to comply with this term will result in the automatic dismissal of the complaint. The first dismissal will be without prejudice while a second failure to serve in re-filed cases will result in a dismissal with prejudice.
Because of this new Opinion, clients who wish to file and/or have already filed a Complaint before the Puerto Rico Court of First Instance must be aware of the 120 days limit to serve the defendant(s) and the effects of the failure to comply with said term.
Goldman Antonetti & Cordóva, LLC stands ready to assist as you and your business adjust to Puerto Rico’s regulatory and legal changes. If you need further assistance in this area, please contact the following members of our firm:
Although the information included in this document may concern legal issues, it is not a legal opinion or professional advice and clients shall not use it as such. We assume no responsibility or liability of any kind for any information contained herein, and we expressly disclaim all liability for any claim for damages arising from the use, reference to, or reliance on, such information. If legal or other expert assistance is required, the services of a competent professional should be sought.