Asked in Elder Law and Probate for Puerto Rico

Q: Is Uniform Interstate Depositions and Discovery Act (“UIDDA”), effective in Puerto Rico? Can it be used to depo someone?

If person lives in PR but case is in Florida can they be deposed?

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1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
Answered
  • Probate Lawyer
  • San Juan, PR
  • Licensed in Puerto Rico

A: Uniform acts such as UIDDA are not self executing. As a rule, a state's legislature must adopt the act by way of local legislation. That being said, depositions from a Florida state civil case can be taken on residents in Puerto Rico. However the deposition must follow the Puerto Rico Rules of Civil Procedures, particularly regarding the presence of an attorney-notary authorized to practice notary law in the Commonwealth of Puerto Rico to notarize the deposition transcript.

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