How Puerto Rico’s court system is organized, and who is who in the courtroom

Cases in the courts fall into two large families. Civil ones include inheritances, damages, family matters — adoption, custody, child support — debt collection, mortgage foreclosures and corporations, among others. Criminal ones are characterized by being brought by the prosecution, that is prosecutors representing the State or the People of Puerto Rico, against one or more people, with the aim of penalizing whoever is suspected of conduct prohibited by law; for that the prosecution must prove beyond reasonable doubt that the person did it. Separately, the system provides a special procedure for minors who commit “faltas”, which is conduct that would be a crime if an adult did it.

This guide is a general orientation on how the system works, not a procedure you apply for. It applies to anyone who has or will have a case in Puerto Rico’s courts, with a lawyer or self-represented, and also to anyone attending as a witness, expert or juror. The Court of First Instance has general jurisdiction, meaning authority to hear any case or controversy that can be resolved and that arises within Puerto Rico’s territory.

• The Court of First Instance is the forum people attend physically when they could not resolve a problem with the other party or want to claim a right.Verified against the official source
• At the Court of Appeals the parties do not physically appear to argue: they file in writing before a panel of no fewer than three judges, with all the documents in the case file. The court can hold oral hearings where lawyers appear to present and explain their cases.Verified against the official source
• Before the Supreme Court all the documents forming the file of the case already heard at the Court of First Instance and the Court of Appeals are filed.Verified against the official source

• The Judiciary’s page on the court system is a general orientation and publishes no document list: what to file depends on the case and the forum.

1. 1

   Step 1: First Instance: the only one you attend in person

   It was created by statute and works as the first rung of the judicial system. It is a court of general jurisdiction, with authority to act in any case or controversy that can be resolved and that arises within Puerto Rico’s territory — jurisdiction meaning the court’s power to hear a matter and issue a decision the parties must comply with. Hearings are audio-recorded, the recordings are kept and their content transcribed, and a case file is maintained for each case. It has seats and courtrooms where superior and municipal judges sit.

2. 2

   Step 2: Appeals: won or lost on paper

   It is the second rung, an intermediate forum between the Supreme Court and the Court of First Instance. It is the appellate forum where parties who disagree with a determination file their position in writing before a panel of no fewer than three judges, which reviews the determinations of the Court of First Instance and of administrative bodies and agencies based on all the documents in the file. The parties do not physically appear to argue their views, although the court can hold oral hearings where lawyers present and explain their cases. It is not a second trial.

3. 3

   Step 3: Supreme: the only one that exists by the Constitution

   It is the highest-ranking court and the court of last resort. It is the only court that exists by constitutional mandate, and its main function is to interpret the Constitution and the laws of the Commonwealth of Puerto Rico. It also analyses the constitutional validity of statutes passed by the Legislative Assembly and of official acts of the other branches. It is the third rung and it is appellate: all the documents in the file of the case already heard in the two prior forums are filed before it.

4. 4

   Step 4: Who is who: the court’s own staff

   The judge resolves the cases and controversies. The marshal keeps security and order and enforces orders, inside and outside the courtroom. The courtroom clerk runs the recording equipment, takes notes and prepares the minute, the document recording what the parties stated. The auxiliary clerk receives the petitions and motions filed and notifies orders and judgments. The court social worker advises as an expert, makes recommendations to the judge, provides social assessment in family and juvenile situations, files the Forensic Social Report, and supervises minors under the court’s supervision. The mediator, at the Conflict Mediation Centers in the 13 judicial regions, helps the parties reach an agreement without favouring either.

5. 5

   Step 5: The support examiner sees you before the judge does

   Child-support examiners are court officials with law degrees, and they are the first to handle support cases: they assess them and make recommendations to the judges. They also hold hearings, weigh evidence and file a report with the court setting out their recommendations to set or modify support. If you are going about child support, this is the person you will see first.

6. 6

   Step 6: Who comes from other branches

   The prosecutor is a Department of Justice lawyer who investigates and presents the charges and evidence against whoever is suspected of a crime; they represent the People of Puerto Rico in criminal cases and the prosecution in civil matters. The Police make sure the community complies with the law, file complaints and appear as witnesses at stages of the criminal process. The minors’ prosecutor implements the Minors Act and investigates complaints alleging a falta by people under 18. The family prosecutor represents minors and incapacitated persons in family proceedings, such as child abuse and adoption.

7. 7

   Step 7: And who else can be in your case

   Lawyers: whoever hires them is responsible for paying, but there are offices providing free legal services to those meeting certain requirements — the Legal Aid Society and Servicios Legales de Puerto Rico are examples — and the court can assign court-appointed counsel, practitioners with offices who are assigned cases pro bono from lists. The jury: twelve people selected at random from a register, representative of the community, who deliver a verdict in a criminal case. Witnesses: people with personal knowledge of important facts, summoned to state what they know. Experts: specialists hired to appear as witnesses and give their professional opinion on the matter being assessed.

Cases begin at the Clerk’s Office of the Court of First Instance in the corresponding judicial region. The Judiciary directory is organized by judicial region, and the Conflict Mediation Centers are in all thirteen.

• Believing an appeal means redoing the trial: at the Court of Appeals the parties do not physically appear to argue and the panel reviews the file in writing.
• Thinking you can go straight to the Supreme Court: it is the third rung and receives the file of the case already heard in the two prior forums.
• Expecting a judge to handle a child-support case first: the person who assesses and recommends first is the support examiner.
• Confusing the courtroom clerk with the auxiliary clerk: one records and prepares the minute, the other receives motions and notifies orders and judgments.
• Assuming you must pay for a lawyer: the Legal Aid Society and Servicios Legales de Puerto Rico give free services to those who qualify, and there is court-appointed counsel.
• Not knowing that First Instance hearings are recorded and transcribed, and that a case file is kept for every case.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary directory (judicial regions)

  Poder Judicial

  poderjudicial.pr