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.
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.
The lawyer must be aware of the process and visit court regularly to find out the status of the procedure. Likewise, the lawyer must have extensive knowledge of the procedural laws to carry out a legal analysis of the needs for the process at a certain time so that it can proceed without unnecessary delay.
In this way, the lawyer can take the appropriate actions for a trial to proceed. In relation to this, hereinafter we mention some actions that can be carried out to speed up a trial.
- Carry out an efficient strategy to serve the defendants. Sometimes it is not easy to carry out these summons due to the difficulty in notifying it. In this case, the lawyer must know all the legal means that exist for this type of notifications and select the most efficient to reduce delays.
- File briefs as soon as possible. With this, trials are not left without progress. It should also be noted that the laws establish sanctions for judges and judicial personnel who fail to comply with the deadlines set by the laws to carry out the judicial proceedings.
- Likewise, if it were the case that in a civil trial a judge is taking too long to issue a resolution, it is possible to file an “Amparo Indirecto” for violation of Article 17 of the Constitution, which establishes that justice must be prompt and expeditious. In other words, everyone has the right to receive justice within a “reasonable time”. Therefore, judges should avoid practices that stall trials. The Supreme Court of Justice of the Nation has evaluated several factors to determine the “reasonable time”, including: the complexity of the matter, the activity of the defendant, the conduct of the jurisdictional authorities, etc. Judges that take more than a reasonable time, might successfully be forced to move forward through an Amparo Indirecto.
- Also, Judges have the obligation to direct the process withpromptness, restricting dilatory actions. This is relevant since there are lawyers who intentionally delay proceedings. Therefore, the lawyer must be aware of such practices to attack them on time to avoid the processes from taking longer than neccesary.
At our law firm, we carry out constant supervision of the trials that our clients entrust to us, in this way we gather the information necessary to present the briefs and actions that are conducive at the appropriate time to ensure that a trial progresses without delay.
- How long does a trial take in Mexico?
- How long does a civil trial take in Quintana Roo?
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- 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?
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