El Nuevo Día and Primera Hora Go Digital: What It Means for Edicts and Legal Notices in Puerto Rico

Alfredo J. Fernández Torres; José M. Martínez Rivera; Pedro M. Torres Ortíz, Javier Montalvo

On September 21, 2026, GFR Media, LLC announced that effective September 28, 2026, El Nuevo Día and Primera Hora would cease their print editions and continue publishing exclusively in digital format. For decades, Puerto Rico law has required that various judicial notices be published in a “periódico de circulación general” (a newspaper of general circulation), and most of those notices have traditionally been published in these two newspapers. As a result, it is now unclear whether publishing through their digital platforms satisfies the requirements set out in the Puerto Rico Rules of Civil Procedure. While this uncertainty remains, a court finding that a publication was legally defective can have serious consequences for individuals and businesses involved in legal disputes on the island.

From a litigation standpoint, the most immediate impact falls on service of process. Pursuant to Rule 4.6 of the Puerto Rico Rules of Civil Procedure, when a defendant is outside of Puerto Rico, cannot be located despite diligent efforts, is concealing themselves to avoid service, or is a foreign corporation without a resident agent, the court may order that service be made by edict. P.R. R. Civ. P. 4.6(a). The order must provide that the edict be published “una sola vez en un periódico de circulación general de la Isla de Puerto Rico” (one time in a newspaper of general circulation from the island of Puerto Rico), and that a copy of the summons and complaint be mailed to the defendant within ten days of publication. Id. Since service by edict is an exception to personal service, Puerto Rico courts have consistently required strict compliance with those requirements in Rule 4.6. Accordingly, a defect in the publication, in most instances, would typically deprive the court of personal jurisdiction over the defendant and would render any subsequent judgment void – or at the very least, subject to scrutiny from the opposing party and the court. See Banco Popular v. S.L.G. Negrón, 164 D.P.R. 855, 866 (2005).

The same concern extends to judgments that must be notified by publication. Under Rule 65.3(c) of the Puerto Rico Rules of Civil Procedure, when a defendant who was served by edict is in default, the notice of judgment must be published in a newspaper of general circulation, and all deadlines run from the date of publication. P.R. R. Civ. P. 65.3(c). A defective notice could therefore mean that the deadlines to request reconsideration or to appeal never begin to run.

Similarly, Rule 51.7(a) requires that notice of a judicial sale be published by edict “dos (2) veces en un diario de circulación general en el Estado Libre Asociado de Puerto Rico” (twice in a newspaper of general circulation in the Commonwealth of Puerto Rico) over two consecutive weeks, in addition to posting the notice in three public places in the municipality. P.R. R. Civ. P. 51.7(a). The stakes are particularly high under these circumstances, since the rule expressly provides that “[s]erá nula toda venta judicial que se realice sin dar cumplimiento al aviso de venta en la forma indicada” (any judicial sale carried out without complying with the notice of sale in the manner indicated shall be null), and requires the court to hold a hearing, at a party’s request, whenever compliance is challenged. Id.

Neither the Puerto Rico Rules of Civil Procedure nor related statutes define what constitutes a “periódico de circulación general,” and the Supreme Court of Puerto Rico has not yet addressed whether a digital-only publication satisfies that requirement. However, the Supreme Court’s decision in Banco Popular v. S.L.G. Negrón provides useful guidance.

In Negrón, the Court analyzed whether El Vocero, which was not published on Sundays, satisfied former Rule 4.5 of the 1979 Rules of Civil Procedure, which required publication in “un periódico de circulación diaria general de la Isla de Puerto Rico” (a newspaper of general daily circulation on the island of Puerto Rico). The Court explained that the “general circulation” requirement seeks the widest possible dissemination of the information among the general public, and that whether a newspaper meets this requirement involves primarily qualitative considerations regarding its content, rather than quantitative considerations regarding the size of its circulation. Negrón, 164 D.P.R. at 867-868. Among the relevant factors, the Court considered whether the newspaper publishes national and international news of general interest; covers diverse areas such as politics, business, sports and human interest; and has an editorial page or regular columnists. Id. at 868-869. The Court emphasized that the essential consideration is whether the edict is published “en un medio que logre la mayor diseminación en el público en general” (in a medium that achieves the greatest dissemination among the general public). Id. at 872. Ultimately, the Court in that case held that El Vocero qualified as a newspaper of general circulation, even though it was not published every day. Id. at 872-873. Notably, current Rule 4.6 no longer requires that the newspaper be a daily publication.

Under this standard, there is a strong argument that El Nuevo Día and Primera Hora continue to be newspapers of general circulation in a digital-only format, especially because Rule 4.6 does not distinguish between print and digital media, the content of the newspapers is expected to remain the same, and the Judicial Branch has increasingly recognized the validity of electronic means for notifications and other matters. An online newspaper could arguably reach further than its printed counterpart, including defendants located outside of Puerto Rico, who are often precisely the parties an edict seeks to reach.

On the other hand, those who oppose digital publication will likely point to the strict construction courts have applied to service by edict, and argue that the term “newspaper” has always referred to a printed publication and that any redefinition belongs to the Supreme Court’s rulemaking authority or to the Legislative Assembly. They may also point to the digital divide among older and rural residents, who are often the very parties these notices are meant to reach. Practical questions also remain, such as whether a newspaper behind a subscription paywall is accessible to “the most diverse public possible,” how the edicts section will be integrated into the digital platform, and how publication will be proven and archived. Until these questions are answered and the Judicial Branch issues guidance on the matter, the issue will likely remain a source of uncertainty.

Other jurisdictions have already confronted this issue. In New Jersey, after The Star-Ledger – the state’s leading newspaper – discontinued its print edition in February 2025, the state enacted P.L. 2025, c. 72, effective March 2026, allowing certain legal notices to be published in online newspapers provided that access to those notices is free of charge. Although The Star-Ledger operates under a digital subscription model, its legal notices section remains freely accessible, an approach that may offer a useful reference point as Puerto Rico addresses the same question.

Naturally, while this issue remains unsettled, many parties may choose to move their publications to newspapers that continue to print. In that regard, the Negrón decision provides some comfort to those who choose to publish in physical newspapers like El Vocero. Others may choose to have the court presiding over their case address the question in advance, for example by requesting that the order authorizing service by edict or the judicial sale designate the specific medium, or by publishing in both print and digital newspapers to maximize actual notice.

This uncertainty also extends to the U.S. District Court for the District of Puerto Rico. Federal Rule of Civil Procedure 4(e)(1) allows service to be made pursuant to the law of the state where the district court is located and, therefore, service by publication in the District of Puerto Rico incorporates Rule 4.6 and its current uncertainty. Until the matter is resolved by the Supreme Court of Puerto Rico, federal judges will likely have to either predict how that Court would rule on this unsettled issue or certify the question to that Court for resolution.

The end of print at El Nuevo Día and Primera Hora illustrates how legal requirements drafted for an earlier era can create uncertainty when the underlying reality changes. Digital publication may be the future of newspapers, and may ultimately be held to satisfy Puerto Rico’s publication requirements, but as of today, the answer to these questions remains unclear. Parties who rely exclusively on digital publication may face challenges that could surface long after a judgment is entered or a sale is confirmed. And, parties with pending or upcoming publications may wish to evaluate how these developments affect their matters while awaiting a definitive answer from the courts or the Legislative Assembly.

A careful approach from the outset can help parties avoid the unnecessary delays, expenses and uncertainty of having to re-litigate the validity of a notice. For more information on how these developments could impact your case, feel free to contact our Litigation Team.

This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Readers should consult with counsel regarding their specific circumstances.