Jurisprudence – Notice of Citation to Answer Interrogatories in Labor Lawsuits

June 17, 2010
Jurisprudence – Notice of Citation to Answer Interrogatories in Labor Lawsuits

The Second Chamber of Mexico’s Supreme Court (SCJN) recently issued a decision on case number 2a./J.54/2010, under the heading: “Notice of citation to answer interrogatories in a labor lawsuit. Timeframe to answer shall be the one set forth in article 748 of the Federal Labor Law.” In such case, the SCJN determined that article 788 of the Federal Labor Law provides that those answering the interrogatories shall be summoned to appear to court in person or through their attorneys-in-fact and, given that such article does not set a particular timeframe to provide notice to the party required to answer such interrogatories, the article pertaining to personal notices of citation must, therefore, apply, that is, the party summoned to appear to answer interrogatories must be given notice during business hours and at least 24 hours in advance of the actual day and time set for such proceeding, unless the law provides otherwise. It must be noted that the timeframe mentioned above does not include the actual day of notice or the day in which the proceeding is set to take place. This decision is pending publication in the Judicial Weekly of the Federation.

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