MEXICO Law and Practice Contributed by: Luis Asali, Omar Colomé, Katia Hernández and Jesús Figueroa, Bufete Asali
5. Discovery 5.1 Discovery and Civil Cases
4.4 Requirements for Interested Parties to Join a Lawsuit A lawsuit may be joined by third parties if they can demonstrate a direct legal interest in the matter. Such participation, referred to as a Tercerías coadyuvantes , requires the filing of a formal petition before the court. The judge will assess the request based on its time- liness, the relevance of the interest, and whether it could prejudice the original parties. Compliance with procedural rules, including deadlines and evidentiary requirements, is mandatory. 4.5 Applications for Security for Defendant’s Costs Under Mexican law, a defendant cannot generally apply for an order requiring the plaintiff to provide security for the defendant’s costs. 4.6 Costs of Interim Applications/Motions The costs associated with enforcing interim measures granted by the court are borne by the party request- ing such measures. In addition, the requesting party is usually required to provide security for any poten- tial damages that may result from the measures. This security can take the form of a bond or other guaran- tee, and the court determines the amount required. In some cases, the court may waive this requirement if the requesting party demonstrates sufficient financial solvency. While legal provisions do not always spe- cifically address costs for interim applications, it may be argued that a party acting in bad faith could be ordered to cover the opposing party’s costs. 4.7 Application/Motion Timeframe Interim applications are generally resolved more swift- ly than ordinary proceedings. The exact timeframe depends on the court, the nature of the relief sought and the complexity of the matter. Urgent applica- tions may be heard within approximately three days, whereas non-urgent motions usually follow the regular procedural timetable, which may extend over several weeks. The law does not provide expressly for expe- dited or urgent procedures in civil or commercial mat- ters. Applicants must strictly comply with all formal requirements and deadlines, as any procedural defect may delay consideration of the request.
Mexico does not operate a pre-trial discovery sys- tem. Instead, evidence is disclosed formally and under court supervision, in accordance with the applicable procedural rules, such as the Code of Commerce or the National Code of Civil and Family Procedure. Parties are generally responsible for presenting their own evidence, including documents, expert reports and witness testimony, with no general duty to pro- duce adverse evidence held by the opposing party. However, any evidence that establishes a fact unfa- vourable to the party who submitted it shall have full probative value with respect to that fact. A party may request the court to order the opposing party to produce a specific document, but the follow- ing conditions may apply: • the document must exist and must be clearly iden- tified; • the document must be relevant to the case; and • the party must state that the document cannot be obtained by other means. Witness testimony is usually given in court during the evidentiary phase, and there are no extensive mecha- nisms for depositions or broad pre-trial discovery. 5.2 Discovery and Third Parties Obtaining a disclosure from third parties is possible but strictly controlled by the court. The party request- ing production must: • precisely identify the document sought and the third party holding it; and • demonstrate the document’s relevance to the case. Public authorities are generally obliged to co-operate, and may be required to produce administrative or offi- cial records, except where disclosure is restricted for national security or confidentiality reasons. 5.3 Discovery in This Jurisdiction As a general rule, the parties are required to produce all documents that are relevant to their position either
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