MEXICO Trends and Developments Contributed by: Francisco de Rosenzweig, Enrique Espejel, Fernando García Gómez and Yuriria Galicia, White & Case, S.C.
• introducing rules regarding the standing of non-governmental organisations in collective actions. These changes are significant as they improve access to justice, and the National Code of Civil and Family Procedures will apply subsidiarily to all other federal procedural laws (eg, the Amparo Law). Civil and commercial litigation Civil and commercial litigation in Mexico is set to undergo significant changes, which will undoubtedly affect how these proceedings are conducted before judicial bodies. These chang- es result from the recently implemented Judicial Reform, as detailed in previous sections. It will be crucial to monitor the impact of the new pop- ular election system for judges, magistrates and justices throughout the entire Judicial Branch. In commercial litigation, there has been a steady increase in oral proceedings, continuing the shift from fully written trials to oral processes. These oral proceedings generally consist of two verbal hearings: one to establish the disputed facts and present the relevant evidence, and another to deliver the final judgment. As a result, judicial proceedings are more streamlined and can be resolved much more quickly than traditional, fully written processes.
Regarding civil litigation, the implementation of the National Code of Civil and Family Pro - cedures will require adjustments and changes to be adopted in civil trials across the country. This will follow the declarations of effectiveness that each state must issue to begin applying the new legislation, with a deadline of 1 April 2027. Therefore, trials under the new national code will be introduced gradually. Legal and procedural scope in the coming years As described throughout this chapter, the Judi- cial Reform has introduced uncertainty sur- rounding litigation and the administration of justice in Mexico. However, trends such as the nearshoring phenomenon indicate that challeng- es in litigation will persist across various sectors, regardless of changes to the Federal Judiciary system. Although the Judicial Reform raises many ques- tions about the future of the rule of law, the new system could prove beneficial if implemented correctly. For companies and litigators, this evolving landscape offers the opportunity to refine business practices in Mexico and con- front legal challenges with innovative solutions that require a multidisciplinary approach and an international perspective.
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