Short answers to the questions we receive from attorneys, paralegals and firms outside Puerto Rico. For the detail of the rules, see the statutory framework and the case law.
Who may serve process in Puerto Rico?
Under Rule 4.3(a) of the Puerto Rico Rules of Civil Procedure, a summons may be served by the court marshal or by any person over eighteen who is not a party and has no interest in the action. Our servers are former law enforcement officers and former court marshals, meet that requirement, and sign a return of service under penalty of perjury for every summons.
How long do I have to serve the summons?
One hundred twenty days from the date the Clerk issues the summons (Rule 4.3(c)). The Puerto Rico Supreme Court has held that the term cannot be extended: once it runs without service, the court must dismiss without prejudice, and a second dismissal on the same ground operates as an adjudication on the merits.
Can the summons be left with a family member at the defendant's home?
Not in the courts of Puerto Rico. Rule 4.4(a) requires delivery in person to the defendant or to an agent authorized by the defendant or designated by law. Substituted abode service exists in Federal Rule 4(e)(2)(B) for the U.S. District Court, but not in the Court of First Instance. Handing the papers to a third party in state court produces a void summons.
How is a conjugal partnership (Sociedad Legal de Gananciales) served?
With two summonses, one for each spouse, individually and on behalf of the partnership. That is the holding of Torres Zayas v. Montano Gómez, 199 DPR 458 (2017), construing Rule 4.4(e). Serving only one spouse confers no jurisdiction over the partnership.
What do I receive when service is complete?
A return of service signed by the server under penalty of perjury, ready to file, with date, time, place, description of the person served and manner of delivery, together with our timestamped photographic record with coordinates where circumstances allow.
What if the defendant cannot be found?
We document every attempt with date, time, address and result, and deliver a declaration of unsuccessful attempts, signed under penalty of perjury, that supports the sworn statement Rule 4.6 requires for a motion to serve by publication. On request, our investigative division locates the person before the term runs out.
Do you serve process for the federal District Court?
Yes. In the U.S. District Court for the District of Puerto Rico, Federal Rule 4 applies, together with the 90-day term of Rule 4(m) and the statutory requirement that proceedings be conducted in English. We prepare the proof of service on form AO 440 or by declaration under 28 U.S.C. § 1746.
Do the documents have to be in English?
It depends on the forum. In federal District Court, yes, by statute. In the Court of First Instance the working language is Spanish, although English is also an official language. When the document comes from a court outside Puerto Rico we advise whether a Spanish translation for the person served is recommended.
How do you quote?
Per assignment, after reviewing the documents, the address and the urgency. The quotation goes to the attorney within business hours, and no attempt is made until it is approved. Additional attempts at the same address within the quoted plan carry no extra charge.
Do you serve outside Puerto Rico?
Yes. In all fifty states through Poindexter & Associates, Inc., and in the Dominican Republic through Poindexter Global Intelligence with compliance supervision by VSP Consultores Legales. The Dominican Republic is not a party to the Hague Service Convention or the Inter-American Convention on Letters Rogatory, so the method is chosen case by case.
Can I track the assignment?
Yes. Every assignment receives a DLPR reference number, and the attorney is notified by email on each attempt, when service is completed and when the affidavit is issued.
Are your servers identified?
Every server carries photo identification and a numbered Diligencias Legales de Puerto Rico badge. The badge number appears on the affidavit so the court and opposing counsel can verify who served.
Glossary: Puerto Rico terms and their English equivalents
Mainland attorneys and machine translation often get these wrong. This table fixes the usage that applies in Puerto Rico.
- Emplazamiento
- Both the summons issued by the Clerk and the act of serving it. English separates summons and service; in Puerto Rico one word covers both depending on context.
- Emplazador / emplazadora
- Process server. The person over 18 with no interest in the action who delivers the summons (Rule 4.3(a)).
- Diligenciar / diligenciamiento
- To serve / service (the act). The verb the Rules and the opinions use: a summons is "diligenciado."
- Alguacil
- Court marshal, an officer of the Puerto Rico Judiciary. In the Dominican Republic, by contrast, an alguacil is a private judicial bailiff with public faith who performs service.
- Declaración de diligenciamiento
- Return or proof of service. In our practice it is executed under penalty of perjury; in federal court, under 28 U.S.C. § 1746 on form AO 440.
- Emplazamiento por edicto
- Service by publication (Rule 4.6).
- Diligencias infructuosas
- Unsuccessful due-diligence attempts; the basis of the affidavit supporting a motion for publication.
- Sociedad Legal de Gananciales (SLG)
- Conjugal partnership, the community property regime between spouses. Both spouses must be served.
- Citación
- Subpoena (for witnesses and documents, Rule 40).
- Renuncia al emplazamiento
- Waiver of service (Rule 4.5; FRCP 4(d)).
- Término de 120 días
- The 120-day term of Rule 4.3(c); the functional counterpart of the FRCP 4(m) 90-day term, but with no extension.
- Tribunal de Primera Instancia (TPI)
- Court of First Instance, Puerto Rico's trial court of general jurisdiction, organized in thirteen judicial regions.
- Agente residente
- Registered agent, as recorded in the Department of State's Registry of Corporations.
- Exhorto / carta rogatoria
- Letter rogatory, for service abroad through judicial channels.