P.R. Laws tit. 4A, § 5

2019-02-20 00:00:00+00
Rule 5. Notice of appeal

(a) In civil cases. — The notice of appeal in civil cases shall contain the following:

(1) A reference to the judgment appealed, including the name of the same parties that appeared before the District Court, adding in the appropriate places the designations “appellant” and “appellee”, and the number of the case, the court that rendered judgment, the date on which it was rendered, the date when a copy of the notice of judgment was filed in the record, and the filing date of any motion which could interrupt the term for appeal, if there is any, as well as the date when the same was decided, and the part of the Court of First Instance where appeal is taken.

(2) A faithful and concise relation of the facts pertinent to the case.

(3) An assignment of the errors which, in the appellant’s opinion, were committed by the District Court.

(4) The argument of the errors assigned, including the citation and analysis of the pertinent legal authorities.

If appellant does not strictly comply with the aforementioned requisites, the Court of First Instance shall dismiss the appeal upon the request of a party or motu proprio.

(b) In criminal cases. — The notice of appeal in criminal cases shall contain the following:

(1) The name or names of the defendant-appellant, adding in the appropriate places the designations “appellant” and “appellee”, the judgment against which appeal is taken, the date when the judgment was entered, the filing date of any motion that could interrupt the term for appeal, if any, as well as the date when the same was decided, and the part of the Court of First Instance where appeal is taken.

(2) Information on whether the defendant was free on bail or on pretrial release at the time of his conviction and at the time of the filing of the notice of appeal.

(3) A brief assignment of the errors allegedly committed by the District Court.

History —June 7, 1979, eff. Oct. 1, 1979.