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.
In summary, not all the responsibility for a trial to move on time is on the courts, it is also the obligation of litigation lawyers to ensure that the process is on track and that the proceedings are carried out without delay. This is because the courts are so saturated that it is impossible for the judges to carefully monitor each trial that is in their hands, the litigants must ensure that there are no dead times in the phases of the judicial procedure and select the most effective and swift actions.
Litigation Lawyers.Mx constantly monitors our lawsuits, we analyze any type of risk that may arise, two lawyers are assigned to each case and we work together to ensure that the trial does not last longer than needed. You may Schedule a Free Call to consult your case with us.
Why trials take longer in Mexico than in the US or Canada?
With data available as of March 6, 2020.
In comparison with the U.S. or Canada trials take longer in Mexico because in Mexico: a) there are fewer judges; b) few cases are settled before sentence; c) trial costs are substantially lower. Time can also unnecessarily extend by an attorney´s lack of diligence.
Often foreign citizens ask why legal proceedings take longer compared to their countries of origin, there are several factors. The main one is the lack of sufficient judges. According to the GLOBAL IMPUNITY INDEX (2015), in Mexico, there were 4 judges per 100,000 inhabitants, when the world average is 17 judges per 100,000 inhabitants, so we are well below the international average. The municipality of Cozumel, in the State of Quintana Roo, registered a population of 73,193 inhabitants (2019), the same municipality currently has 4 judges.
INEGI studies confirm the data of the GLOBAL IMPUNITY INDEX, the censuses carried out in 2014 counted 4,171 judges and magistrates and 2,043,000 new trials. On average, there are 490 new cases per court every year. But that is on average, courts differ in diligence and speed from State to State, city to city and even judge to judge. In any case, numbers matter. The State of Mexico has the highest number of judges that emit over 300 sentences daily, which is considerably above average.
As discussed in Pricing (add link), a 7 day trial in Canada or the U.S. could reach $50,000 or even $90,000 dollars because, in the United States and Canada, it is very expensive to present witnesses and experts in court. Because of high costs and culture, most cases are settled before they reached a sentence, with the most cases settled in New York State (approximately over 80% of the cases on average). Settlements are less common in Mexico because trial costs are 5 to 10 times lower and in general, settlements are historically scarce.
Overwhelmed court systems are encouraging parties to settle. Settlements are more efficient than sentences and lawyers can be effective in assessing the settlement amounts and assisting the parties in negotiating a settlement.
Finally, in civil and commercial litigation, without court hearings, most work is done by written submissions. Then, it is the sole responsibility of the lawyer to present such written submissions promptly and continuously request the courts to move the process as fast as possible. Therefore if a client requires a quick resolution, the client must choose a legal office composed of several litigation lawyers with a track record of integrity and diligence. We all can get sick or need to be with family in urgent times. A team of lawyers is an obvious advantage.
Litigation Lawyers.Mx constantly monitors our lawsuits, we analyze any type of risk that may arise, two lawyers are assigned to each case and we work together to ensure that the trial does not last longer than neccesary. Schedule a Free Call to consult your case with us.
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