MEXICO Trends and Developments Contributed by: Fernando García Gómez, Francisco de Rosenzweig, Yuriria Galicia and Diego Mora-Jensen, White & Case, S.C.
The CNPCF is being implemented gradually until 2027. Mexico City – the first jurisdiction to adopt it – began partial application in December 2024 (for spe- cial proceedings such as mortgage and lease actions) and will achieve full implementation by 15 November 2025, when the previous local code will be repealed. All states must complete the transition by 1 April 2027. The CNPCF introduces a decisive shift from written to oral proceedings, positioning oral hearings in civil disputes as the central forum for litigation. The code embraces principles of immediacy, transparency, procedural concentration and active judicial manage- ment. Written submissions remain for initiating pro- ceedings, but evidence and argumentation are to be presented primarily in public hearings. Beyond formal changes, the CNPCF strengthens guiding principles such as effective access to justice, good faith, publicity and technological modernisa- tion, while maintaining classical procedural concepts – declaratory, constitutive, condemnatory, executive and precautionary actions. Cultural transformation: from ex parte litigation to procedural transparency A deeply ingrained custom in Mexican civil litigation has been the informal ex parte litigation between counsel, judges and court officers. The CNPCF elimi- nates this practice by requiring all argumentation to occur in public hearings or through formally scheduled interlocutions with notice to all parties. Any commu- nication outside these parameters is prohibited. This represents a procedural and cultural shift towards Digitalisation forms a core component of the new sys- tem. Civil proceedings must follow, and courts will need to implement electronic files and notification systems and to hold virtual hearings. The success of these mechanisms depends on budget, infrastructure, training and institutional com- mitment within the judiciary. Without adequate imple- mentation, digitalisation risks reinforcing existing inequalities rather than alleviating them. transparency and adversarial fairness. Digital justice and institutional capacity
Significance and outlook The CNPCF constitutes the most ambitious procedur- al reform since 1917. It unifies jurisdictional practice across Mexico while modernising procedure through oral and digital mechanisms. Its effectiveness will depend on institutional capacity and on maintaining judicial integrity – an increasingly complex task given the concurrent politicisation of the judiciary. The importance of the implementation of the CNPCF is not limited to civil and family disputes but applies to all proceedings in Mexico. The CNPCF is the sup- pletory procedural law to all proceedings, meaning that the new rules and principles will apply to other proceedings, such as amparos or administrative dis- putes, in cases where specific laws are silent on cer- tain procedural rules (eg, limitation of ex parte litiga- tion with judges or court officers in all cases). Conclusion Mexico’s ongoing reforms depict a dual narrative: institutional democratisation and procedural moderni- sation on the one hand, and the contraction of judicial autonomy and constitutional protection on the other. The judicial reform politicises judicial appointments and apparently undermines structural independence. The Amparo Law and Fiscal Code reforms narrow the judiciary’s remedial powers and prioritise state enforce- ment interests. By contrast, amendments to digitalise access to justice and the principles included in the CNPCF modernise and standardise litigation, offering genuine progress in efficiency and transparency. The effects of the overhaul of the judicial system in Mexico remain to be seen but one thing is clear: indi- viduals and corporations will face new challenges to access the justice system. The coming years will reveal whether Mexico’s judiciary can reconcile procedural innovation and preserve constitutional guarantees. The stakes extend beyond domestic governance: they touch upon the credibility of Mexico’s commit- ments under international law and its attractiveness as a jurisdiction for fair and impartial dispute resolution.
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