Mexican Senate Approves New National Code of Civil and Family Procedures.

May 3, 2023

On April 24, 2023, the Mexican Senate approved the newly revised National Code of Civil and Family Procedure.

The intention of the updated Code is to harmonize the procedural law norms amongst the different states in Mexico, which had become a challenge to legal certainty and security across the country. The disparity between rules, terms, criteria, and institutions resulted in contradictory sentencing; hence, the perception of a tardy, complicated, and costly judicial system.

The procedural system in Mexico for civil and family law is supported by new bases that include a range of improvements. These improvements are aimed at facilitating the administration of justice, reducing cost and time invested in litigation, enhancing procedural norms for legally incapacitated persons, and introducing orality. Furthermore, technology and digital justice have provided online judicial proceedings and electronic tools. The new bases also include minimizing formalities, prioritizing prompt and efficient justice for conflict resolution, respecting human rights, and eliminating discriminatory and unequal practices.

The new National Code will be implemented gradually, requiring both the Federal and Local Governments to adopt it no later than April 1, 2027. This will replace the previous Federal and Local Codes, paving the way for the new Code to take effect. Its publication in the Mexican Official Gazette is expected in the coming days.

Civil law proceedings that are still pending a resolution at the time the National Code comes into effect, will be resolved according to the laws and regulations that were applicable when the case was initiated, unless both parties agree to apply the new Law to their case.

It is important to note that the newly approved Code will supplement various other federal and state laws, including but not limited to the Federal Law of Economic Competition; Federal Law of Contentious Administrative Procedure and the Federal Law of Administrative Procedure; Amparo Law: Federal Copyright Law and the Federal Law for Protection of the Industrial Property; Federal Law on Protection of Personal Data Held by Individuals and the General Law for the Protection of Personal Data in the Possession of Obliged Subjects; Federal Consumer Protection Law; and the Federal Telecommunications and Broadcasting Law.

OLIVARES’ Civil and Administrative Litigation division is dedicated to offering clients exceptional legal protection and defense by thoroughly examining recent reforms and advances in the Mexican judicial system design, ensuring that clients receive legal protection and defense of the highest quality.