Mexico: National Code of Civil and Family Procedures

Executive Summary

• The Senate of the Republic has been working on the initiative of a draft decree that seeks to issue the National Code of Civil and Family Procedures.
• The principal goal of the initiative is to standardize civil and family proceedings to strengthen and expedite the administration of justice in the country.
• The initiative has been approved by the Senate of the Republic and is currently being studied by the Chamber of Deputies.

During the first months of this year, the Senate of the Republic worked on the initiative of the Draft Decree that seeks to issue the National Code of Civil and Family Procedures.

This Code will replace the Codes of Civil Procedure of the States and the Federal Code of Civil Procedure, whose provisions naturally had several differences among themselves.

The principal goal of the initiative is to standardize civil and family proceedings to strengthen and expedite the administration of justice in the country.

In terms of the Opinion issued by the United Commissions of Justice and Legislative Studies of the Senate, the general objectives pursued by the Initiative are, among others, the following:

1. To have the same procedures throughout the national territory to settle civil and family disputes.

2. Minimize formalities in judicial proceedings.

The opinion explains some generalities of the National Code of Civil and Family Procedures:

• In the National Code oral proceedings, equality, respect for human rights, as well as the regulation of digital media are privileged as indispensable tools to make prompt and complete justice a reality.
• The figure of Social Representative is added, with functions analogous to those of the Public Prosecutor's Agent.
• The exclusion of unnecessary formalities is sought.
• The substitution in the procedure to members of social groups in situations of vulnerability is provided for.
• The rules and principles of oral justice become applicable in all that is compatible.

The use of information and communication technologies is now being used to process lawsuits.

The initiative has been approved by the Senate of the Republic and is currently being studied by the Chamber of Deputies.

For more information, please do not hesitate to contact our experts:

Authors

Carlos Olvera
Partner
+52 55 5279 5430
colvera@s-s.mx

Roberto Fernández del Valle
Partner
+52 55 5279 5490
rfernandez@s-s.mx

Carlos Brehm
Partner
+52 81 8133 6021
cbrehm@s-s.mx