MEXICO Law and Practice Contributed by: Luis Asali, Omar Colomé, Katia Hernández and Jesús Figueroa, Bufete Asali
3.7 Representative or Collective Actions In Mexico, representative or collective actions ( acciones colectivas ) are available but are limited to specific areas. Article 862 of the National Code of Civil and Family Procedure establishes that such actions may be brought in matters involving:
are not limited to case management issues and may include: • asset freezes; • orders preventing a person from leaving the court’s jurisdiction; • injunctions requiring or prohibiting specific acts; and • measures to preserve the prevailing situation. To obtain such relief, the applicant must demonstrate both a risk of irreparable harm if the court fails to act promptly, and a prima facie case as to the validity of the underlying claim. The request must be submitted through a formal petition that satisfies all procedural requirements. The court retains discretion to grant such measures as necessary to protect the parties’ rights while the main proceedings are pending. In most cases, the applicant is required to provide a bond or guarantee to secure potential damages arising from the enforcement of the interim relief. 4.2 Early Judgment Applications Under Mexican law, parties cannot apply for early judgment on any or all issues in dispute, nor can they request that the opposing party’s case be struck out prior to trial or a substantive hearing. Mexican proce- dural law does not provide broad summary judgment mechanisms. 4.3 Dispositive Motions In Mexico, civil and commercial proceedings do not include a pre-trial stage; litigation begins with the fil- ing of the claim. Nevertheless, the defendant may raise procedural defences ( excepciones procesales ) aimed at terminating the proceedings at an early stage ( sobreseimiento ). These defences do not bar the commencement of the case but may prevent it from continuing. The defendant may invoke various defences, such as res judicata, lis pendens, the exist- ence of related proceedings ( conexidad ) or the failure to satisfy the time limit or condition to which the action is subject.
• consumer protection; • environmental damage; • financial services; and • competition law.
Only certain entities or subjects are entitled to initi- ate these actions, including the Federal Consumer Protection Agency (PROFECO), a group of at least a specific number of people, the Office of the Attorney General, the Federal Public Defender’s Institute and duly qualified non-profit organisations. Collective actions in Mexico follow an opt-in model, meaning that individuals must actively join the pro- ceeding in order to be bound by its outcome. These actions require certification by court before the pro- ceeding; although the framework exists, their practical use remains limited compared to other jurisdictions. 3.8 Requirements for Cost Estimate In Mexico, lawyers are not legally required to provide a formal cost estimate at the start of litigation, but ethical guidelines encourage attorneys to ensure clar- ity and transparency regarding fees. In practice, it is common for clients and lawyers to agree on fees – whether hourly, fixed or contingency-based – in writ- ing before initiating proceedings, helping to manage expectations and avoid disputes over costs.
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
Pursuant to Article 1168 of the Code of Commerce, Article 389 of the Federal Civil Code and Article 404 of the gradually implemented National Code of Civil and Family Procedure, parties may request interim meas- ures ( providencias precautorias or medidas cautelares ) prior to the commencement of trial, in order to obtain precautionary or procedural relief. These applications
708 CHAMBERS.COM
Powered by FlippingBook