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Rule 22 1 — Puerto Rico Law | CourtGPT
  1. Home/
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  3. Puerto Rico/
  4. Title Thirty Two Appendix/
  5. Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979/
  6. Part IV - Partiesrule 15 - Capacity to Appear As Plaintiff or Defendantrule 15.1 - Real Party in Interest/
  7. Rule 22 - Substitution of Partiesrule 22.1 - Death/
  8. Rule 22 1
Puerto Rico Legal Code
(a) If a party dies and the claim is not thereby extinguished, any of the parties to the action or their attorneys shall give notice of the death to the court and to the other parties within thirty (30) days after actual knowledge is had of the death. Upon motion made within six (6) months after said notice, the court shall order the substitution of the appropriate parties for the deceased. If substitution is not so made, the action shall be dismissed as to the deceased party. The motion for substitution may be made by the successors or representatives of the deceased or by any party, and shall be served on the parties as provided in Rule 67, and upon persons not parties as provided in Rule 4.(b) In the event of the death of one or more of the plaintiffs or one or more of the defendants in which the right sought to be enforced survives only to the surviving plaintiffs or the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties.

Rule 22 1

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