MEXICO Law and Practice Contributed by: Adrián Magallanes, Diego Sierra and Rodrigo Barradas Muñiz, Von Wobeser y Sierra, SC
10.2 Rules Concerning Appeals of Judgments An appeal against a final judgment must be filed within nine days of the judgment being notified to the party. An appeal may be filed by: • the losing party; • the winning party who did not obtain dam- ages and lost profits, costs or other ancillary claims; or • an interested third party. 10.3 Procedure for Taking an Appeal The appeal must be filed before the judge who issued the order, expressing all the grievances arising from the judgment. The judge then gives the opposing party the opportunity to make allegations, and finally sends the appeal to the superior court. Once the superior court receives the appeal, it confirms the admission and sum- mons the party for a final judgment. 10.4 Issues Considered by the Appeal Court at an Appeal The appeals court may review any alleged viola- tion of the applicable law. Typically, there is no rehearing. If the appeals court determines that there was a violation that had an impact on the judgment, it may reassess the claims and the evidence produced, and issue a new judgment. However, if the appeals court considers that certain evidence shall be taken, it might order a re-hearing. New issues or arguments that were not explored at first instance cannot be introduced at an appeal. 10.5 Court-Imposed Conditions on Granting an Appeal Courts cannot impose conditions on granting an appeal. When appeals are allowed under the law
applicable to the specific type of proceedings, the parties can exercise this right without any conditions. 10.6 Powers of the Appellate Court After an Appeal Hearing The appellate court has limited powers, since it must rule only on the grievances exposed by the parties. However, if one of those grievances is enough to reverse the first instance judgment, the appellate court may study the entire record, reassess the evidence and issue a completely new judgment. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation There are no court fees or costs to file a civil or commercial lawsuit, and in principle each par- ty must bear the costs of attorneys and other related expenses. However, the losing party is required to reimburse the prevailing party when the court considers that the losing party acted with temerity or bad faith, or if that party: • did not provide any evidence to justify their action or defence; • submitted false evidence; • lost a summary action; • obtained two unfavourable identical judg- ments in the first instance and the appeal; • filed improper claims; or • made unwarranted defences (Article 1084 of the Commerce Code). The prevailing party must prove all the costs with proper evidence during an ancillary proceeding. Depending on the applicable rules, costs may also be awarded based on a percentage of the amount in dispute.
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