MEXICO Law and Practice Contributed by: Luis Asali, Omar Colomé, Katia Hernández and Jesús Figueroa, Bufete Asali
Constitutional Reform The 2024 constitutional reform, implemented in 2025, has significantly reshaped the judiciary, with judges at all levels now being replaced and elected by popu- lar vote. These changes have sparked debate over potential effects on judicial independence and stabil- ity, as well as legal certainty. Length of Proceedings Litigation duration depends on jurisdiction and com- plexity. Most civil and commercial cases reach trial within 12 to 36 months, but complex matters can take longer. 1.3 Court Filings and Proceedings While court proceedings in Mexico are public, access to the case file is limited to the parties, their legal rep- resentatives and the court. Third parties may obtain access only through judicial authorisation, and if they demonstrate a legitimate interest or connection to the case. 1.4 Legal Representation in Court In commercial proceedings, Article 1069 of the Code of Commerce specifically regulates the qualifications required for legal representatives as follows. Particular Requirements Lawyers must hold a valid law degree and be admitted to practice in Mexico through a professional license issued by the Ministry of Public Education. This licence serves as the formal authorisation to practise law nationwide, and is a prerequisite for representing clients before any court or tribunal in Mexico. Rights of Audience Only authorised legal representatives may file plead- ings, appear in hearings and address the court. Parties may represent themselves in civil and com- mercial disputes, but self-representation is rare in
they may be granted a power of attorney for litigation ( poder para pleitos y cobranzas ) and act as their cli- ent’s legal representative. In civil proceedings, regulation varies regarding the legislation of each state, but the requirements for legal representatives are very similar.
2. Litigation Funding 2.1 Third-Party Litigation Funding
Third-party litigation funding is permitted in Mexico, but it remains completely unregulated. There are no specific statutes governing such arrangements, which are generally treated as commercial contracts subject to the principles of general contract law. While third-party funding is still uncommon in domes- tic litigation, it is utilised increasingly in arbitration. Mexican procedural law does not currently impose disclosure requirements or statutory limitations on these agreements. As arbitration and complex com- mercial disputes continue to grow, private funding In Mexico, there are no statutory limits on the types of lawsuits that may be subject to third-party funding. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding in Mexico remains unregulated and, in principle, may be arranged by either party in a dispute. 2.4 Minimum and Maximum Amounts of Third-Party Funding Mexico does not impose any legal minimum or maxi- mum limits on the amount that a third-party funder may provide. The funding terms are entirely contrac- tual, negotiated between the funder and the party involved. mechanisms are expected to expand. 2.2 Third-Party Funding: Lawsuits The size of the investment typically depends on fac- tors such as the value of the claim, anticipated litiga- tion or arbitration costs, and the likelihood of success in recovering the funded amount.
most proceedings. Foreign Lawyers
A foreign lawyer may not act as counsel before a court, as they would require a professional licence to do so and this licence is only granted to lawyers who hold a professional degree issued in Mexico. However,
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