MEXICO Law and Practice Contributed by: Luis Asali, Omar Colomé, Katia Hernández and Jesús Figueroa, Bufete Asali
Territorial jurisdiction is usually determined by the defendant’s domicile, although exceptions exist, such as contractual forum selection clauses. These provisions are likewise set forth in the Feder- al Code of Civil Procedure, the corresponding local procedural codes and the National Code of Civil and Family Procedure, which is in the process of gradual implementation in Mexico and is scheduled to take full effect nationwide by 2027. 3.4 Initial Complaint Pursuant to Article 1378 of the Code of Commerce and Article 864 of the National Code of Civil and Fam- ily Procedure, a lawsuit in Mexico is initiated by filing a written complaint ( demanda ), which must contain several key elements, including: • identification and domicile of the parties; • a clear statement of facts along with the legal basis for the claim; • the relief or remedy sought; and • an inventory of evidence intended to support the claim. The complaint must be accompanied by relevant documents, such as contracts, powers of attorney or identification. Any foreign documents must be translated into Spanish and apostilled or legalised, depending on the country of origin. Amendments to the complaint are generally permit- ted before the defendant is served. After service of process, the claimant may not amend the claim. 3.5 Rules of Service In Mexico, once a complaint ( demanda ) is admitted by the court, service of process is carried out by court authorities, not by the parties themselves. Neverthe- less, the claimant must provide the domicile of the adversary or request that the court ascertains their address. • Domestic service generally requires personal deliv- ery at the defendant’s domicile. If the defendant cannot be located, the court may permit service by publication in the official gazette or other author- ised media ( edictos ).
• Defendants domiciled in Mexico but outside the territorial jurisdiction of the court can be served through letters of request ( exhorto ), which are addressed to the judge who has jurisdiction in the place where the service is to be effected. • Defendants domiciled outside Mexico can be served through letters rogatory, in accordance with applicable international treaties such as the Hague Service Convention. This process ensures compli- ance with both Mexican law and the legal require- ments of the foreign jurisdiction. The Supreme Court of Justice of the Nation has con- sistently affirmed that proper service is essential for due process. Federal courts have established addi- tional procedural requirements and formalities, in vari- ous precedents, which must be observed during ser- vice of process, beyond those expressly prescribed by law. Failure to effect service correctly can invalidate proceedings or cause delays until the defendant has been duly notified. 3.6 Failure to Respond Mexican law establishes different time limits for defendants to respond to a claim, which vary depend- ing on the type of proceeding and the subject matter of the case. If the defendant fails to submit a response within the applicable period, the court must declare the defendant in default ( rebeldía ). If the defendant is duly served with a personal delivery and fails to submit a response, the facts alleged in the claim are deemed admitted. If the defendant is served by publication in the Official Gazette or through other means, the facts of the claim are deemed denied. Once the default is declared, the proceedings con- tinue without the defendant’s response. Under civil and commercial procedural rules, the defendant may still take part in subsequent stages of the proceeding. However, the defendant faces difficulties in mount- ing a defence under these circumstances, as they will have lost the right to submit documents, to respond to the claimant’s allegations and, in some proceed- ings, to offer evidence, unless they demonstrate that their failure to respond was due to a circumstance that rendered them completely unable to do so.
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