§ 1258. — Supreme Court of Puerto Rico; certiorari.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1258]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 81--SUPREME COURT
Sec. 1258. Supreme Court of Puerto Rico; certiorari
Final judgments or decrees rendered by the Supreme Court of the
Commonwealth of Puerto Rico may be reviewed by the Supreme Court by writ
of certiorari where the validity of a treaty or statute of the United
States is drawn in question or where the validity of a statute of the
Commonwealth of Puerto Rico is drawn in question on the ground of its
being repugnant to the Constitution, treaties, or laws of the United
States, or where any title, right, privilege, or immunity is specially
set up or claimed under the Constitution or the treaties or statutes of,
or any commission held or authority exercised under, the United States.
(Added Pub. L. 87-189, Sec. 1, Aug. 30, 1961, 75 Stat. 417; amended Pub.
L. 100-352, Sec. 4, June 27, 1988, 102 Stat. 662.)
Amendments
1988--Pub. L. 100-352 struck out ``appeal;'' before ``certiorari''
in section catchline and amended text generally. Prior to amendment,
text read as follows: ``Final judgments or decrees rendered by the
Supreme Court of the Commonwealth of Puerto Rico may be reviewed by the
Supreme Court as follows:
``(1) By appeal, where is drawn in question the validity of a treaty
or statute of the United States and the decision is against its
validity.
``(2) By appeal, where is drawn in question the validity of a
statute of the Commonwealth of Puerto Rico on the ground of its being
repugnant to the Constitution, treaties, or laws of the United States,
and the decision is in favor of its validity.
``(3) By writ of certiorari, where the validity of a treaty or
statute of the United States is drawn in question or where the validity
of a statute of the Commonwealth of Puerto Rico is drawn in question on
the ground of its being repugnant to the Constitution, treaties, or laws
of the United States, or where any title, right, privilege, or immunity
is specially set up or claimed under the Constitution, treaties, or
statutes of, or commission held or authority exercised under, the United
States.''
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of this title.
Section Referred to in Other Sections
This section is referred to in title 15 section 3207; title 16
section 2633.
