MEXICO Law and Practice Contributed by: Adrián Magallanes, Diego Sierra and Rodrigo Barradas Muñiz, Von Wobeser y Sierra, SC
1.3 Court Filings and Proceedings Court filings are not open to the public; only interested parties have access to the judicial records. However, federal courts publish a redacted summary version of every ruling and a redacted version of the final judgment. Parties can request the court to keep certain documents confidential, in which case they are not added to the record and access to them is controlled by a court clerk. 1.4 Legal Representation in Court Only attorneys admitted to practise law in Mex- ico are allowed to appear as counsel before Mexican courts. To be admitted to practise law before a Mexican court, a lawyer must hold a law degree and a professional licence to practise law issued by the General Director of Professions of the Ministry of Public Education, and must register that professional licence before federal courts or the state’s Superior Court. Other representatives can appear before a court, but only as attorneys in fact. Foreign lawyers cannot conduct cases before Mexican courts as an attorney of record. 2. Litigation Funding 2.1 Third-Party Litigation Funding Litigation funding by a third party is not regulat- ed in Mexico. Since there is no restriction in the applicable laws, third-party funding is arguably generally allowed. 2.2 Third-Party Funding: Lawsuits Any type of lawsuit is available for third-party funding.
2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is available to both the plain- tiff and the defendant, although it is more com- mon to see third-party funding for plaintiffs. 2.4 Minimum and Maximum Amounts of Third-Party Funding Since there is no specific regulation regarding third-party funding, there are no minimum or maximum amounts. 2.5 Types of Costs Considered Under Third-Party Funding Third parties usually fund attorneys’ fees and expenses related to factual and expert witness- es, as well as any bonds or other guarantees that may be necessary if an injunctive measure is obtained. 2.6 Contingency Fees Contingency fees are permitted under Mexican law. There is no general regulation applicable to contingency fees, but lawyers are not allowed to buy the assets that are the subject of a trial in which they are intervening (Article 2276 of the Civil Code for the Federal District). This prohi- bition is sometimes interpreted to mean that an attorney cannot acquire any right disputed before a court when they are participating in the case, although there is no binding precedent on the issue. 2.7 Time Limit for Obtaining Third-Party Funding There are no time limits within which a party to the litigation should obtain third-party funding; it could be done before the trial starts or at any point during the proceedings.
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