MEXICO Law and Practice Contributed by: Luis Asali, Omar Colomé, Katia Hernández and Jesús Figueroa, Bufete Asali
ity of questioning. By contrast, oral proceedings are conducted mainly through hearings, allowing for more dynamic interaction and greater latitude in examin- ing and cross-examining witnesses and experts. In both types of proceedings, the trial concludes with a written judgment, which serves as the enforceable resolution of the case. 7.2 Case Management Hearings In Mexico, there are no hearings dedicated specifically to case management. The closest procedural mechanism is the preliminary hearing in oral trials. Under Article 457 of the Nation- al Code of Civil and Family Procedure, this hearing serves to: • streamline the procedure; • encourage settlement or mediation through the rel- evant Judicial Branch Alternative Justice Centres; • narrow the issues for debate; • determine the admissibility or rejection of evidence; and • set the date for the main trial. However, it does not function as an ongoing case management mechanism to manage the overall time- table leading up to a trial. 7.3 Jury Trials in Civil Cases Jury trials are not available in civil cases. All civil and commercial disputes are decided solely by judges, who evaluate the law, evidence and procedural mat- ters. 7.4 Rules That Govern Admission of Evidence Under Chapter XII, Book V of the Code of Commerce and Chapter II of the Second Title of the National Code of Civil and Family Procedure, the admission of evidence in Mexican courts is governed by strict procedural rules. Key requirements include: • timeliness – evidence must be submitted within the deadlines set by the applicable procedural code; • formal compliance – each piece of evidence must be properly offered according to procedural for- malities, including authentication and presentation requirements; and
• relevance and materiality – evidence must relate directly to the issues in dispute. Common forms of evidence include documents, con- fessional evidence, witness testimony, expert reports and judicial inspections. Late, incomplete or improp- erly presented evidence is generally inadmissible, reflecting the highly formalistic nature of Mexican civil procedure. 7.5 Expert Testimony Expert testimony is permitted and commonly used in civil and commercial trials. Parties may submit expert reports to support their claims or defences, and in determined proceedings these experts can be examined and cross-examined during hearings. In exceptional circumstances, the court may designate its own independent expert to address contradictions between the parties’ experts or to clarify issues not resolved by their appointed experts. 7.6 Extent to Which Hearings Are Open to the Public In Mexico, court hearings are generally public, but their transcripts are not. The degree of openness var- ies depending on the type of proceeding, as access to hearing records is typically restricted. In cases of constitutional or public interest, hearings and (in some instances) their records may be made public, subject to the protection of personal data. In civil and com- mercial cases, hearings are open to the public, but transcripts are not ordinarily available. 7.7 Level of Intervention by a Judge In Mexico, judges take an active and hands-on role during oral proceedings, overseeing procedural com- pliance, directing the presentation of evidence, and questioning witnesses or experts when necessary. They may also rule on the admissibility or formulation of questions and follow-up questions, and on other procedural matters arising during the hearing. How- ever, cases are not decided at the hearing itself but through a subsequent written judgment. In contrast, in written proceedings, judges are not typically present during trial. Instead, their procedural functions are performed by court officers ( secretarios
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