Civil Procedure in Mexico

Introduction

Mexican civil procedure is governed by the National Code of Civil Procedure (Código Nacional de Procedimientos Civiles, CNPC), enacted in 2023 and gradually implemented across the states, and the Federal Code of Civil Procedure (Código Federal de Procedimientos Civiles) for federal matters. The CNPC reforms are transforming Mexican civil procedure from a written, inquisitorial model to an oral, adversarial system emphasizing efficiency, transparency, and procedural fairness.

Sources of Procedural Law

Civil procedure is primarily governed by the CNPC (for states that have adopted it), the Federal Code of Civil Procedure (for federal courts), and the Commerce Code (for commercial proceedings). State procedural codes continue to apply in jurisdictions that have not fully adopted the CNPC. The SCJN’s jurisprudencia provides binding interpretation of procedural rules.

Ordinary Civil Proceeding

The ordinary civil proceeding (juicio ordinario civil) follows these stages: postulatory phase (written pleadings — complaint, answer, and possible counterclaim); evidentiary phase (offering and admission of evidence, evidentiary hearing); pre-judgment phase (conclusions and closing arguments); and judgment phase (trial court decision). The reformed oral procedure streamlines these stages through concentrated hearings.

Oral Procedure

The CNPC introduces oral proceedings characterized by: concentration of procedural steps in hearings; immediacy (the judge directly observes evidence presentation); oral arguments and presentations; simplified pleadings; and reduced timelines. Evidentiary hearings are conducted orally, with witnesses subject to direct and cross-examination.

Evidence

Civil evidence includes: documentary evidence; witness testimony; expert evidence; judicial inspection; and presumptions. The burden of proof is on the party asserting a fact. The judge evaluates evidence according to the rules of logic, science, and experience (sana crítica). Documentary evidence enjoys formal evidentiary value (valor probatorio pleno) for public documents.

Appeals

Trial court judgments may be appealed through the recurso de apelación before a circuit court. The appeal may challenge both factual and legal findings. Extraordinary remedies include: the recurso de queja (complaint against procedural rulings) and the recurso de revisión (review of certain interlocutory orders). Final judgments may be challenged through amparo directo.

Conclusion

Mexican civil procedure is undergoing a fundamental transformation through the adoption of the CNPC and the shift to oral proceedings. The reformed procedure emphasizes efficiency, procedural fairness, and the active role of the judge, while maintaining the essential guarantees of due process and access to justice.