MEXICO Law and Practice Contributed by: Adrián Magallanes, Diego Sierra and Rodrigo Barradas Muñiz, Von Wobeser y Sierra, SC
6.2 Arrangements for Obtaining Urgent Injunctive Relief A party may request a motion for obtaining injunctive relief to be dealt with on an urgent basis, even without hearing the other party, if the circumstances support the urgent nature of the measure. In that case, courts usually rule on the issue within a week. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Once a trial has started, injunctive relief can gen- erally only be obtained after notice of the request has been given to the respondent. However, Mexican courts have granted injunctive relief ex parte if the plaintiff can demonstrate a certain urgency that justifies not waiting to notify the opposing party. However, once the injunctive relief has been granted, the respondent still has the opportunity to be heard, and to submit chal- The applicant can be held liable for the dam- ages suffered by the respondent if the respond- ent successfully discharges the injunction and proves that he or she suffered damages. In fact, in order to obtain injunctive relief, the applicant must usually submit a guarantee for the potential damages caused to the party against whom the injunction will be issued. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief can be granted against the worldwide assets of the respondent. However, the enforcement of that relief outside Mexico would require international judicial assistance from the judges of the place where the assets are located. lenges to reverse or modify the order. 6.4 Liability for Damages for the Applicant
However, certain court precedents seem to sug- gest that attorney-client privilege is only applica- ble to external counsel. 5.6 Rules Disallowing Disclosure of a Document A party that is ordered to produce a document by a judge may only refuse to disclose said doc- ument if it is considered to be privileged. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Under the Commerce Code, interim injunctions are available on the following two grounds: • if there is reason to believe that a person may disappear or hide to avoid being summoned before the court; or • to preserve assets if the defendant has no other assets and there is a reason to believe that the assets the defendant possesses could be hidden or disposed of. The Commerce Code limits the type of remedies that can be granted, but some federal courts have held that the judge may grant other pre- cautionary measures regulated in supplemen- tary procedural laws if the circumstances to grant an interim measure are different from the ones described in the Commerce Code; granting measures of a conservative nature is allowed as long as their purpose is to maintain the exist- ing de facto situation. Also, federal courts have stated that the two grounds established by the Commerce Code should be interpreted in an ample and flexible manner. Mexican law does not expressly contemplate anti-suit injunctions to prevent parallel proceed- ings.
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