Glossary of Mexican Civil Procedure Terms
Introduction
This glossary defines key terms in Mexican civil procedure, drawn from the Federal Code of Civil Procedure, the Commerce Code, and the National Code of Civil Procedure. These terms are essential for understanding procedural practice in Mexican courts.
Key Terms
Juicio Ordinario: Ordinary civil proceeding. The standard procedural format for civil disputes, involving written pleadings, an evidentiary phase, a hearing, and a judgment. Used for most significant civil cases.
Vía Sumaria: Summary proceeding. An expedited civil procedure for cases involving smaller amounts or requiring prompt resolution. Characterized by shorter deadlines and simplified pleadings.
Exhorto: Letter rogatory or commission. A formal request from one court to another (within Mexico or abroad) to perform a procedural act, such as serving documents or taking evidence.
Suplencia de la Queja: Supplementation of the complaint. A principle requiring courts to correct or complete the legal arguments of parties in certain proceedings, particularly in amparo cases and cases involving vulnerable individuals.
Jurisprudencia: Binding judicial precedent. Established by the consistent resolution of cases by the SCJN or circuit courts, or by precedent-setting decisions. Binding on all lower courts.
Litispendencia: Lis pendens. The situation where the same matter is pending before two different courts, requiring the second court to decline jurisdiction.
Cosa Juzgada: Res judicata. The finality of a judgment, preventing the same parties from relitigating the same matter once a final decision has been rendered.
Prueba: Evidence. Includes documentary evidence (prueba documental), witness testimony (prueba testimonial), expert evidence (prueba pericial), and judicial inspection (inspección judicial).
Incidente: Incidental proceeding. A procedural issue arising within a main proceeding that must be resolved before the main action can proceed.
Recurso de Apelación: Appeal. A remedy allowing a party to challenge a trial court’s judgment before a higher court.
Término: Procedural deadline. Specific time periods for filing pleadings, presenting evidence, or taking other procedural steps.
Audiencia: Hearing or court session. In civil procedure, may include preliminary hearings, evidentiary hearings, and judgment hearings, particularly in the reformed oral procedure.