Abogados de Recursos Extraordinarios en Puerto Rico
Special proceedings for urgent relief: mandamus, habeas corpus, injunction and provisional restraining orders, quo warranto, declaratory judgment, and stay in aid of jurisdiction.
Procedimientos especiales para remedios urgentes: mandamus, hábeas corpus, injunction y entredichos provisionales, quo warranto, sentencia declaratoria y auxilio de jurisdicción.
Fernando Sabater-Clavell is a San Juan-based attorney whose practice encompasses a broad range of legal matters, including personal injury, insurance, commercial law, civil litigation, and federal practice. He also offers services in arbitration and mediation, maritime law, construction law, and professional liability, among other areas. Fluent in both English and Spanish, he is prepared to serve clients with diverse legal needs.
Extraordinary remedies are special proceedings, governed by Rules 51 through 59 of the Rules of Civil Procedure, that a court grants when the ordinary lawsuit cannot give timely or adequate relief. They include mandamus (to compel an official duty), habeas corpus (to test an unlawful detention), injunction (to stop or require conduct), quo warranto (to challenge how someone holds public office), and declaratory judgment. Because they move on short deadlines, it is important to consult an attorney as soon as the problem appears.
A mandamus orders a public official to perform a ministerial duty — one the law requires with no room for discretion, such as issuing a document or granting access to a public record. It does not work to force a discretionary judgment call, and courts generally expect you to have requested compliance first and to have no other adequate remedy available. An attorney can assess whether the duty is truly ministerial and prepare the petition and supporting record.
Very fast when the harm is imminent. A court can issue a temporary restraining order (entredicho provisional) that lasts a matter of days, often without notice to the other side, and then hold a hearing on a preliminary injunction to keep things in place while the case is litigated. You generally have to show irreparable harm that money cannot repair and a likelihood of prevailing, and a bond may be required. Acting immediately matters — delay itself undercuts the claim of urgency.
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