Title 28Judiciary and Judicial ProcedureRelease 119-73

§1258 Supreme Court of Puerto Rico; certiorari

Title 28 › Part PART IV— - JURISDICTION AND VENUE › Chapter CHAPTER 81— - SUPREME COURT › § 1258

Last updated Apr 6, 2026|Official source

Summary

U.S. Supreme Court reviews final decisions from Puerto Rico's high court when the U.S. Constitution, treaties, or federal laws are questioned, a Puerto Rico law conflicts with them, or a U.S. right or authority is claimed.

Full Legal Text

Title 28, §1258

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

28 U.S.C. § 1258

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73