Mexico: National Code of Civil and Family Procedures is now in effect
On June 7, 2023, Mexico’s Decree issuing the National Code of Civil and Family Procedures was published in the Official Gazette of the Federation. The National Code will become effective the day after its publication.
Pursuant to the second transitory provision of the Decree, application will be gradual. Mexico’s federal and local governments will be required to fully adopt the Code by April 1, 2027.
In the case of the federal states, the National Code will become effective in each one of them in accordance with the declaration issued for such purpose by the local congress, prior request of the judicial power of the corresponding state, which may not exceed the April 1, 2027 deadline.
The declaration issued for such purpose must expressly state the date on which the National Code will become effective and will be published in the Official Gazette and in the Official Gazettes of the state, as the case may be.
A maximum of 120 days must elapse between the declaration referred to in the preceding paragraphs and the application of this National Code. In all cases, upon expiration of the term, without the respective declaration having been issued, the application will be automatic throughout the national territory without it being able to exceed April 1, 2027.
Therefore, the Federal Code of Civil Procedures, as well as the civil and family procedural legislation of the federal entities are repealed.
Also, civil and family proceedings that at the entry into force of the National Code are in process, will continue their substantiation in accordance with the legislation applicable at the time of their initiation, unless the parties jointly opt for the regulation of the National Code.
In relation to the above, the following is a summary of some of the aspects included in the National Code:
- Access to justice
- Procedural direction
- Procedural equality
- Best interests of the child
- Procedural expediency
- Procedural loyalty
- Open Litis
- Gender perspective
- Rights of children, adolescents, and women
The jurisdictional authority must act, and resolve based on the best interests of children and adolescents, as well as with a gender perspective in accordance with the international treaties to which the Mexican state is a party.
- Digital justice
All the procedures regulated in the National Code may be processed under the online procedure modality, which, like any other procedural modality, will be free of charge for the parties.
In online proceedings, the jurisdictional authority shall guarantee equitable and secure digital justice.
- Social groups in vulnerable situations
The jurisdictional authority shall adapt its proceedings to the circumstances of social groups in vulnerable situations by means of alternative formats, to guarantee equity and structural and communication accessibility, during the procedure, in strict adherence to the exercise of human rights.