LEGAL MATTERS

Frequently asked question on Lawsuits
and Amparo Procedures in México - I
By: Jorge Rodriguez and Manuel Valdez. • August 2009

How do you file and process a lawsuit in Mexico?

The judicial proceeding is unanimously defined as a set of actions by means of which, the judge and the parties try to obtain a solution to the dispute through a decision from the judge, based on the proven facts and the applicable law. This process is organized in stages that require different sort of actions from the parties in order to clarify the elements of the dispute.

The Mexican legal framework as part of the civil law tradition is characterized for having in trial a preponderant written system, which implies that every given petition to the court must be filed in a written way.

This is an essential difference with common law legal systems which are primarily oral; thereby the judicial process in our country is considered as a more complex scenario, divided by the aforementioned different stages that we are here presenting in a summarized way:

1. The first stage of a judicial proceeding is the exposition, during which the parties subject to the dispute present their claims, exceptions or defenses in their claim, counterclaim or answer to the complaint documents, as well as the facts that supports them. In this stage, with the claims and defenses from the parties well established, the object of the dispute turns clear for the judge.

2. The second stage is the demonstration. In this, the parties must present all the proofs that support the facts of their contentions, allowing the judge to have an objective knowledge of the facts and the circumstances surrounding the dispute. This stage is normally developed by different steps which basically are: proposal, admission, preparation and execution of proofs.

In the first of these phases the parties shall present or enumerate the judge every proof they consider necessary to demonstrate their contentions.

The second phase consists in the application of the legal criterion by the judge in order to admit or reject the pile of proofs that the parties present. The common legal canons to admit or reject them are: for them to have a direct relation with the dispute (the proofs that are irrelevant or not related to the dispute shall be rejected), they shall not attempt against the law and morals, and they cannot expect to demonstrate impossible or implausible facts.

The third phase involves the preparation and execution of proofs, and comprises the actions that both the judge and the parties must display in order to obtain and integrate the proposed proofs.

3. The third stage is the submission in which the parties summarize their contentions, relating them with the admitted and executed proofs in the proceeding. This is the stage in which the parties present their conclusions of the trial.

4. The fourth and final stage is the ruling in which the judge by a logic and deductive exercise and according to his good legal sense presents his conclusions over the dispute in order to condemn or to acquit the respondent.

5. The procedural theory generally admits the possibility for the parties to challenge the ruling; therefore they have a legal opportunity to assert an appeal before the Tribunal of Second Instance. However, some proceedings do not admit this possibility due to the low amount of the dispute. The ruling of appeal can modify, reverse, or confirm the ruling of first instance.

6. There is another stage called execution characterized for being possible or contingent, given the fact that it is considered necessary only on the hypothesis that the condemned party does not comply voluntarily on what is decided in the ruling, in which case, the judge shall carry out the necessary measures to obtain the compulsory fulfillment of the ruling.

What is the writ of amparo?

In Mexico the “writ of amparo” is a legal procedure intended to protect any individual or corporation from the violation or the imminent treat of violation of those fundamental rights stated in the Mexican Constitution, (life, liberty, security, property, etc) by any unlawful act of an authority.

Which Mexican laws rule the amparo?

The amparo is ruled first of all by the provisions contained on articles 103 and 107 of Mexican Constitution, and all the particularities and specific rules of proceeding are well stated in Amparo Law (Ley de Amparo), and the Federal Justice System Organizational Law (Ley Orgánica del Poder Judicial de la Federación). In absence of disposition in Amparo Law on certain matters, the Amparo Judges apply the Federal Civil Procedural Code (Código Federal de Procedimientos Civiles).  

What is the origin of the Writ of Amparo?

The amparo is a legal institution first originated in México and currently is widely adopted in almost all Latin American Countries (Argentina, Colombia) and other Civil Law Countries from different continents (Spain and Philippines).

Robles, Lazo y Gallardo - Law Firm
E-mail: jgallardo@rlg.com.mx

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• Robles, Lazo y Gallardo, S.C. is a Law Firm of specialists in various areas of Law, including Corporate Law, Real Estate, Immigration, Foreign Investment, among others. The Firm is integrated with a group of highly qualified attorneys and has offices in Guadalajara (Privada del Niño No. 676, Fraccionamiento Camino Real, telephone number  33-3121-3010  33-3121-3010 ) and Puerto Vallarta (Carretera a Mismaloya No. 479 interior 107, Edificio Scala. Telephone number  322-223-3218  322-223-3218 ).E-mail: jgallardo@rlg.com.mx

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