Amendments to Mexico´s Code of Civil Procedure for the Federal District

January 16, 2010
Amendments to Mexico´s Code of Civil Procedure for the Federal District

On September 10, 2009 important amendments to the Code of Civil Procedure for the Federal District were published in theOfficial Journal of the Federation, which is the largest jurisdiction for such matters in Mexico. With this reform, the timeperiods to file appeals against final judgments have been extended from nine to 12 working days, and the time period forappealing interlocutory rulings or immediately effective sentences has been extended from six to eight working days. Thetime period to answer lawsuits in civil and mortgage executory proceedings has been extended from nine to 15 workingdays. An important amendment includes the ability of litigants to provide legal notice to counterparts by means ofelectronic mail, in addition to the other forms of personal notice authorized previously, following the new guidelinesestablished by the Federal Judicial Council (Consejo de la Judicatura Federal) as part of the steps that have been taken toconsolidate the functioning of "virtual tribunals". Finally, it is hoped that this reform will have a positive impact, given thatit should resolve previous open issues regarding secured transactions and bank accounts, since the reform providesexpressly that liens arising from civil executive proceedings may be effective as against assets or bank accounts of thedefendant party from the time the lien or encumbrance is created. This means that one may seek a lien over a general classof property, which before had been limited by judges who would not allow general liens against assets and bank accounts.The new reform also allows the encumbrance of legal and negotiable instruments, even when such have not been presentedin their original forms. The reform includes a special chapter relating to so-called Lawsuits for Peace (Juicios de Paz) which will now take place in an oral format, so long as the amount in dispute is less than $212,460 pesos (approximately $16,500 dollars).

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