MEXICO Law and Practice Contributed by: Luis Asali, Omar Colomé, Katia Hernández and Jesús Figueroa, Bufete Asali
with the statement of claim or with the response. If a party does not have a document in its possession, it may demonstrate that it has requested it so that it may be later submitted; alternatively, it may ask the court to require the relevant authority or institution to produce it. Where a party seeks to rely on evidence held by the opposing party, and the court orders its production, the opposing party is bound to comply. Failure to do so will result in the fact sought to be proven being deemed admitted. After the statement of claim and the statement of defence have been filed, the court may not admit fur- ther documents, unless they post-date those plead- ings or the party submitting them was previously una- ware of their existence. 5.4 Alternatives to Discovery Mechanisms Without a formal discovery system, evidence is intro- duced through a controlled evidentiary phase. Parties are responsible for presenting their supporting evi- dence, which may include: • documents relevant to the claim or defence; • witness testimony offered in court; • expert reports prepared for technical or specialised matters; and • judicial inspections or confessions when neces- sary. In accordance with Article 1203 of the National Code of Civil and Family Procedure, the court oversees the production, examination and admissibility of all evidence. This reflects Mexico’s civil law tradition, in which the collection and management of evidence are primarily directed by the court rather than by the parties. 5.5 Legal Privilege Mexico recognises professional secrecy rather than the common law concept of attorney-client privilege. Lawyers are ethically and criminally bound to keep information obtained through their professional work confidential, under the Federal Criminal Code and professional conduct rules.
This obligation is personal to the lawyer and does not automatically prevent courts from admitting the infor- mation if disclosed by another source. Lawyers may refuse to testify about matters covered by this duty. Generally, the law does not differentiate between in- house and external counsel; however, in matters of competition, certain distinctions may arise regarding the treatment of in-house versus external legal coun- sel. 5.6 Rules Disallowing Disclosure of a Document Parties can lawfully withhold documents if they fall under protected categories, including:
• lawyer professional secrecy; • personal or sensitive data;
• banking, fiduciary or commercial secrecy; and • classified or restricted governmental information.
6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Pursuant to Article 404 of the National Code of Civil and Family Procedure, injunctions in Mexico are primarily intended to protect rights or preserve the subject matter of a dispute before or during litigation, particularly when there is a risk of irreparable harm. Courts may grant measures such as the following. • A restriction on the defendant’s travel, requiring the defendant not to leave the jurisdiction of the trial without leaving a duly authorised and sufficiently informed representative to respond to the out- comes of the proceedings ( radicación de persona ). • Precautionary attachments or asset freezes to prevent dissipation, secure enforcement of a future judgment or maintain the ability to satisfy a claim. • Mandatory or prohibitory injunctions ordering a party to perform specific acts or refrain from con- duct that could harm the applicant’s rights. • Preservation measures to safeguard evidence, documents or property essential to the litigation. The Code of Commerce only provides for the appli- cability of the first two types of injunctive relief in commercial proceedings, but the Supreme Court of
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