MEXICO Law and Practice Contributed by: Luis Asali, Omar Colomé, Katia Hernández and Jesús Figueroa, Bufete Asali
6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief is generally executed against assets within the jurisdiction of Mexican courts. Mexican courts cannot directly freeze or control worldwide assets; enforcement abroad would require recognition or co-operation by foreign courts under international treaties or private international law. Precautionary measures can, however, secure any assets located in Mexico, even if the defendant owns additional assets outside the country. 6.6 Third Parties and Injunctive Relief Injunctive relief can be obtained against third parties if they have a relevant legal connection to the dispute, such as holding, controlling or safeguarding assets or property involved in the case. Injunctive relief may also be obtained against third parties if they are authorities in the matter of the dispute. The applicant must dem- onstrate the third party’s role and justify the neces- sity of the injunction. Such measures are commonly used for asset attachment, account garnishment or the preservation of property where the third party has control. 6.7 Consequences of a Respondent’s Non- Compliance Failure to comply with the terms of an injunction in Mexico can lead to serious legal consequences, depending on the type of precautionary measure involved. In cases of non-compliance with an injunc- tion, the judge may issue coercive measures to ensure enforcement of the court’s order. These may include the imposition of fines, arrest or even imprisonment, depending on the seriousness and persistence of the non-compliance.
Justice of the Nation has held in various precedents that other types of measures may also be granted. Applicants must demonstrate urgency and prima facie validity, and courts apply strict procedural require- ments to grant relief. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Mexican civil and commercial law does not have a formal “out-of-hours” judicial system, but courts are accustomed to fast-tracking urgent precaution- ary measures. Once a properly filed petition is sub- mitted – usually with a guarantee to cover potential damages – the judge can act immediately. The exact timeframe depends on the court, the complexity of the relief requested and strict compliance with procedural requirements. 6.3 Availability of Injunctive Relief on an Ex Parte Basis In civil and commercial cases, every injunctive relief is obtained on an ex parte basis. This regulation will be different in the future. The National Code of Civil and Family Procedure has not yet entered into full effect, as its complete enforce- ment will take place in 2027. Under this statute, injunctive relief in judicial proceedings is determined in two successive stages: an initial or provisional stage and a subsequent, definitive stage. Interim or precau- tionary measures may be granted ex parte, without prior notice to the respondent. However, pursuant to Articles 408 and 409 of the National Code of Civil and Family Procedure, to render the precautionary meas- ure definitive, the affected party must be heard. The applicant must show that notifying the other party beforehand would jeopardise the relief and that irrepa- rable harm would result from delay. 6.4 Liability for Damages for the Applicant Applicants may be held liable for losses suffered by the respondent if the injunction is later discharged, and they must furnish security to cover potential damages, particularly in ex parte requests where the respondent has not had an opportunity to be heard. The decision to require security is discretionary, based on the potential harm to the respondent.
7. Trials and Hearings 7.1 Trial Proceedings
In Mexico, both oral and written proceedings coexist in civil and commercial litigation. Written proceedings are conducted primarily through written submissions, with the exception of a hearing at which witnesses and expert witnesses may be examined and cross-exam- ined under judicial supervision. This format, however, imposes certain limitations on the scope and flexibil-
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