(a) After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination, without leave of court, except that plaintiff may not take any deposition whatsoever without leave of court before the expiration of twenty (20) days after service of the summons upon the defendant. If the defendant has sought discovery within the twenty-day period, the above-mentioned limitation does not apply. The attendance of witnesses may be compelled by subpoena as provided in Rule 40. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.(b) Leave of court is not required for the taking of a deposition by plaintiff within the twenty-day period after service of summons on the defendant if the notice states that the person to be examined is about to go out of Puerto Rico and will be unavailable for oral examination later. The plaintiff’s attorney shall sign the notice and his signature constitutes a certification by him that, to the best of his knowledge, information, and belief, the facts set forth therein are true.

The plaintiff’s attorney shall sign the notice and his signature constitutes a certification by him that, to the best of his knowledge, information, and belief, the facts set forth therein are true. The signature will also be subject to the provisions of Rule 9.