The First Chamber of the Mexican Supreme Court of Justice recently held, contrary to previous decisions, that an indirect amparo writof appeal could proceed against prior Mexican court decisions in the areas of letters rogatory or requests for judicial cooperationreceived from non-Mexican governmental authorities in the following instances: (i) when said international document does not meet therequirements established in international treaties and Mexican federal laws for their legal existence and compliance; and (ii) when suchinternational document is not notified or served in conformity with Mexican law. The above points will have a direct impact on thelegal status of an affected party, and will be considered as outside the scope of the legal proceeding and a violation of legal andprocedural guaranties. In this manner, an affected party may seek protection from Mexican federal courts in order to obtain a judicialorder directing the foreign authority that issued the international document to correct such document or properly serve the letter rogatoryor request for judicial cooperation that was not properly served, in accordance with a treaty or applicable Mexican federal law.
Amparo Appeals of Mexican Judicial Decisions regarding Letters Rogatory and Judicial Requests for Cooperation.
October 24, 2007