The Puerto Rico Court of Appeals recently ruled against Universidad Interamericana de Puerto Rico in a case concerning deposition procedures. The court denied a request for certiorari, which sought to challenge a lower court's decision regarding the requirements for witness citations. This ruling affects the ongoing litigation involving multiple parties, including Map Strategies, LLC, and various individuals and insurance companies.
The case, filed under docket number TA2026CE01057, centers around a dispute over the proper procedures for issuing subpoenas for depositions. The court's decision is significant as it clarifies the requirements for compliance with civil procedure rules in Puerto Rico, particularly Rule 40.3, which governs the citation of witnesses.
Background
In this case, the Universidad Interamericana, represented by CPA Domingo Más Rivera, sought to challenge a ruling made by the Tribunal de Primera Instancia, Sala Superior de Bayamón. The dispute arose when Dominique A. Gilormini De Gracia, one of the co-defendants, filed a motion to personally cite several individuals for depositions. This motion was granted by the lower court, which allowed the citations to proceed without the traditional requirement of payment for witness fees at the time of citation.
On August 3, 2026, CPA Más Rivera filed a motion to object to the deposition citation, arguing that it did not comply with the requirements set forth in Rule 40.3. Specifically, he claimed that the citation was invalid because it did not include payment for witness fees and mileage, which are typically required. However, Gilormini De Gracia contended that the payment was later made electronically, thus addressing the issue raised by Más Rivera.
The Ruling
The Court of Appeals, led by Judge Barresi Ramos, reviewed the certiorari request submitted by CPA Más Rivera. In its ruling, the court stated, “We do not observe any error on the part of the lower court in issuing the order that was challenged.” The court emphasized that it found no grounds to intervene in the lower court's decision, which had denied the motion to object to the deposition citation.
The court further explained that the certiorari process is an extraordinary legal remedy that allows higher courts to review lower court decisions. However, it noted that such requests are only granted under specific circumstances, particularly when waiting for an appeal would result in an irreparable failure of justice. In this case, the court determined that the criteria for issuing certiorari were not met.
Impact
This ruling has significant implications for the ongoing litigation involving Universidad Interamericana and the other parties. By denying the certiorari request, the court has allowed the deposition process to continue without the additional requirements that CPA Más Rivera sought to impose. This decision reinforces the importance of adhering to established civil procedure rules while also allowing for some flexibility in their application.
The court's ruling may also set a precedent regarding the interpretation of deposition citation requirements in Puerto Rico. It clarifies that electronic payments for witness fees may be considered valid under certain circumstances, potentially influencing how similar cases are handled in the future.
What's Next
Following this ruling, the case will proceed in the lower court, where depositions can now be taken as scheduled. There is no indication that the ruling will be appealed further, but the parties involved may continue to navigate the complexities of civil procedure as the case develops.