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.
Regarding the first factor, it must be considered that the counterparty can interpose intermediate incidents or appeals, which can result in lengthening the judgment. There are lawyers who present notoriously improper appeals or incidents to delay trials. For such, it is necessary to have capable lawyers who immediately attend and attack these improper appeals to avoid unnecessary delays.
Regarding the second factor, the Code of Civil Procedures for the State of Quintana Roo, establishes different deadlines for the disputing parties and for the execution of the judicial actions that the courts must carry out, such as admission of the demand, order to serve the defendant, proofs time limits and issuance of the resolution.
It should be considered that the mentioned Code of Civil Procedures, establishes deadlines for the parties. For example, if the defendant does not answer the demand within nine days of its notification, it loses its opportunity to do so. On the other hand, even when the Code establishes different time terms for the actions that the courts must carry out, generally these do not issue their orders or resolutions within the established time terms.
Such not only happens in Cozumel, but throughout Mexico. And this is due to the high workload of the courts in the country. Even though the Organic Law of the Judicial Power of the State of Quintana Roo, foresees that judicial officers can be administratively sanctioned for failing to comply with the deadlines established in the law, they are usually not sanctioned considering their high workload.
The high workload of the judges can result in a trial lasting longer, for example: due to the workload a judge could set a date for a conciliation hearing or the release of evidence until his schedule allows it, or it could issue resolution several months after the parties have been summoned to hear it.
This is a general problem in Mexico and this is because the country has four times fewer judges for every 100,000 inhabitants than the rest of the world.
From studies carried out in 2018 for the Global Impunity Index, it was found that Mexico has 4 judges for every one hundred thousand inhabitants, when the world average is 16. And of course this impacts on the adequate time of trials resolution.
In Cozumel, for example, there are only two civil courts. These are: i) the First Civil Court; and, ii) the First Instance Family and Oral Civil Court.
Each of these judges addresses different kind of trials. For example: the First Civil Court, attend ordinary civil procedures such as contract breaches, rental demands, among others. While the First Instance Family and Oral Civil Court, attends civil executive procedures such as payment of condominium fees or others where there is an executive title, in addition it attends family-related procedures such as divorces or alimony. Regularly, the executive trial is solved more quickly than an ordinary civil trial. The ordinary trial takes between 8 months to 1.5 years to be solved, while an executive trial could be resolved in around 8 months.
Considering that in 2019, Cozumel registered a population of 73,193 inhabitants, we have that there are two judges for every 36,596 inhabitants. Such is below the world average, which is one judge for every 25,000 inhabitants. In addition to this, it must be considered that the two judges who attend civil matters in Cozumel, attend different procedures from each other. This exacerbates the problem of workload for each court.
Despite the workload of the courts, it is important that the lawyer take actions to avoid the procedures from taking long time to be solved. The lawyer must always be attentive to the civil process so that the courts continue the process without unnecessary delays, and to avoid time going away without the performing of the judicial actings that must be carried out according to the procedure laws.
The most important decision that you can make to reduce the lenght of the trial, is selecting a good lawyer, preferably a lawfirm. This is because in Mexico, because the Bar Membership is not compulsory, among other factors, the quality of legal services vary widely. Unfortunately the low bar of the standard goes below the international starndard. A number of lawyers do not respond to clients, do not follow up their trials on time or at all. To learn more, please read the Article : Five Essential Things You Need to Know When Selecting A Lawyer in Mexico.
One of the main values of our law firm is to provide timely and continuous follow-up to the legal processes of our clients. Through this, we get timely information to avoid risks. Likewise, several attorneys are assigned to each case and we work together to ensure that the trial does not last longer than necessary, taking the necessary actions before the courts to avoid delays and timely attacking appealas or merely delaying incidents that the counterparts may bring seeking the delaying of trials. You can schedule a free call to discuss your case with us.
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