How long does a trial take in Mexico?
In the first instance the evidence is offered by the parties and examined. This part of the procedure consumes a lot of court time. Also in this instance, there are dead times of exclusive responsibility of the lawyers, who have in their hands the responsibility of promoting the procedural impulse that is required to advance.
The second instance or appeal before the Supreme State Court is shorter with an average length three to four months. There is an extraordinary appeal (Amparo Directo) in Mexico before the Federal Circuit Court with an average length of four months. This is different than in the U.S. and Canada because the Amparo Directo, is a right to seek protection from the Federal courts and a granted leave is not a pre-requisite. Amparo Directo is often necessary when litigating against state-own companies or agencies, for example.
How long does a civil trial take in Quintana Roo?
The trial of first instance is carried out before the courts of Quintana Roo. After the first instance sentence is issued, the defeated party can file an appeal, which is solved by the Civil Chambers of the Superior Court of Justice of the State of Quintana Roo in an approximate period of four months (second instance). The defeated party can file a direct amparo which is solved by the federal courts in about six months.
As you can see, the trial of first instance that is carried out before the Courts of Quintana Roo, may take longer than the second instance and the amparo.
The time the first instance trial takes depends on two fundamental factors: a) the appeals or incidents that the counterpart interposes within the trial before the sentence; and b) the workload of the courts.
What can be done to get a sentence fast?
As mentioned in our article: How long does a trial take in Mexico? We have pointed out that trials in Mexico take longer than in Canada and the United States, due to three factors: a) there are fewer judges; b) fewer cases are settled before sentence; and c) trial cost are lower in Mexico, reducing the bar to go to court.
Likewise, in the article How long does a civil trial take in in Quintana Roo? We explained that there are two fundamental factors that determine the duration of a trial: a) the number of appeals within the trial before sentence; and b) the workload of the courts.
Notwithstanding the factors mentioned in both articles, civil judicial procedures are developed through the presentation of written briefs filed by the parties in court. Therefore, attorneys can speed up proceedings by filing the necessary briefs on time and asking the courts to move the process as quickly as possible to avoid downtime.
Do I need a criminal or civil case to get my money back?
According to the Constitution, in Mexico no one can be imprisoned for debts of a purely civil nature.
This means that an individual can only be imprisoned if he commits a crime established in the criminal laws, but not in case of non-compliance of civil debts such as credit card debts or condominium fees or the income from a property, for example.
It is important to consider that crimes are regulated in criminal laws, and civil matters are regulated in civil codification.
So, it is convenient for you to know the basic differences between a civil lawsuit and a criminal complaint. Let’s see.
How to serve a defendant in a civil trial in Mexico and Quintana Roo?
A trial cannot begin until the defendants are served. The summons is the notification to the defendants of a lawsuit against them. Typically, the summons must be made personally to the defendants, or in some cases with another person of legal age in the residence or in the place of business or employment of the defendant.
In the US, the person to be notified will be 18 years of age or older and will not be part of the trial. Most states allow the trial to be notified by a Court official, a Sheriff, Marshal, Agent, or Judicial Agent. There may be license requirements for private process servers. Many private investigators perform notification tasks.
What happens if I lose my case in Mexico?
In Mexico, when a trial is lost, the losing party has the right to appeal. In Quintana Roo an appeal is a challenge of the sentence for the Superior (Supreme Court of the State of Quintana Roo) to revoke or modify the inferior’s resolution (i.e. Civil Judge of Cozumel), attending to the grievances expressed by the appellant.
Appeal comes from the Latin appellare, which means “to ask for help”. Appellate courts have existed for many millennia. As a general rule appellate courts do not conduct independent fact-finding, instead they review the process and the sentence. The party that losses the trial or even the winner that did not obtain all that was demanded, and third parties harmed by the judicial resolution may appeal.
How can I recover my legal expenses in Quintana Roo?
The vast majority that need to sue tend to consider whether they will recover their legal expenses, such as attorney’s fees.
In the Civil and Mercantile Procedures in Mexico there is the figure of attorney’s fees and trial expenses, which are contemplated in the Civil Procedure Codes of each of the States of Mexico. Attorney’s fees and trial expenses should be paid to the the winning party in most civil and commercial trials.
When are judges liable?
Now you wonder, when does a public official carry out an irregular activity?
A public official performs an irregular activity, when it causes damage to the property and rights of any individual, without the individual having the obligation to bear that damage, due to the absence of a legal basis or legal cause of justification to legitimize the suffered damage.
Judges are public officials who have the obligation to ensure the correct application of the laws, carrying out judicial procedures and issuing resolutions in accordance with the law. So if a judge without foundation or without legal cause violates the rights of an individual causing damages, or moral damage, the affected individual could request compensation for the damages that have been caused.
- How long does a trial take in Mexico?
- How long does a civil trial take in Quintana Roo?
- What can be done to get a sentence fast?
- Do I need a criminal or civil case to get my money back?
- How to serve a defendant in a civil trial in Mexico and Quintana Roo?
- What happens if I lose my case in Mexico?
- How can I recover my legal expenses in Quintana Roo?
- When are judges liable?
In Mexico City the first instance in civil law trials is the longest and it takes from eight to twenty-four months. An average has a duration of three years in total until the sentence is enforced.
In general, we can say that a civil trial in Quintana Roo is resolved in its first instance within a period of eight months to a year and a half.
Attorneys can reduce trial time by preparing briefs and evidence in advance. You can get a quicker sentence by selecting a good law firm. Legal service standards vary widely in Mexico.
Generally, a civil trial is more efficient and quicker to get your money back. In some cases, you could initiate both trials depending on the facts and the type of evidence that you have.
It is necessary to serve the defendants personally through a court clerk and in their domicile. Some states allow serving the defendants in their workplace.
When a trial is lost, the losing party has the right to appeal and the right to file an Amparo Directo if it loses the appeal.
To recover legal expenses is of the utmost importance to sign a representation agreement clearly stating the fee amount with a professional legal firm.