Commercial Code of Mexico - Book Five - Title Two - of The Ordinary Trial

COMERCIAL CODE OF MEXICO

BOOK FIVE

TITLE TWO

Of the ordinary trial

Article 1377.- All disputes between parties who do not have designated special processing trade laws, shall be dealt with in ordinary trial.

Section 1378 .- In the statement of claim the plaintiff must show the public and private documents that relate to such claim and whether or not you have at your disposal must exhibit those held, and proof of having applied those without in terms of Article 1061. Also, provide the names of witnesses who witnessed the events contained in the application, and simply copies the provisions of article 1061. Admitted demand summon the defendant to produce its response within a period of fortnight.

With the defense demand will view the actor, that he expresses to his rights within a period of three days and mentioning the witnesses who witnessed the events and documents related to the facts the response of demand.

Article 1379.- Exceptions to have the defendant, whatever its nature, will simultaneously assert in the answer and never after, unless they be supervenient.

Article 1380.- In response to demand, in regular trials, the counterclaim should be proposed where appropriate. The counterclaim shall be given to the opposing party to answer it within a period of nine days, and that answer will reconveniente sight for the same purposes stated in the last paragraph of Article 1378 of the Code.

The main trial and the counterclaim at the same time discuss and decide in the same sentence.

Article 1381.- The demurrer will object, substance, and decide simultaneously and one with the main proceedings, unable to ever be, because of them, special item in the trial.

Article 1382.- Answered the complaint, receive the business will be sent to the test, if require.

Article 1383.- Depending on the nature and quality of the business the court shall ex officio or upon request to open the same test, not exceeding forty days, ten days which will be first to offer and thirty below to sufficiency of evidence. If the judge says a term less than the maximum authorized, shall specify how many full days are intended to offer and how many full days for relief, seeking to be in the same proportion as indicated above,

When the evidence have to be performed outside the place of trial, receive ex parte in terms up to sixty and ninety calendar days, in the case of tests to vent within the Mexican Republic, or outside, respectively, provided that meet the following requirements:

I. Is requested during the first ten days of probation;

II. Indicating the names and addresses of the parties or witnesses who are to be examined in the case of confessional or testimonial evidence, showing the same act the statement of positions or questioning witnesses, and

III. To be designated in case of exhibits, public or private files where are the documents that have to testify or submit originals.

The judge to qualify the admissibility of evidence, whether the interrogation displayed for confessional or testimonial related to the issues in dispute or if the documents and witnesses were named to sue or answer the complaint, and if do not meet these requirements shrift.

Failure to display the list of positions, or interrogation of witnesses with relevant copies thereof are not allowed the respective tests.

In the case of the term granted extraordinary, the judge for each test to determine the term to give the petitioner an amount deposited as penalty payment in case of not giving any of the tests that are requested are practiced outside the place of trial. In any case the amounts ordered to be deposited as a financial penalty will be less than the equivalent amount of sixty days of the current general minimum daily wage in Mexico, with the judge the discretion to draw greater than the minimum amounts stated above, taking into account the main sort of trial and other circumstances it deems prudent.

The proponent of such evidence must show the amount fixed by the judge, deposit ticket within a period of three days, and if not done, the test is not admissible.

The test for which the term has been granted extraordinary and that is not received, will result in the judge becomes effective for financial penalties in favor of the litigant.

The evidence to be received out of the place of trial shall be heard by urge to be delivered to the applicant who receive it because you can not argue that it was not issued with the necessary records, unless they do know the court issuing the letters within a period of three days, returning the urge to correct or complete them received the same or substitute.

Once the term extraordinary granted, which shall begin from the date the notice takes effect to the parties, as certified by the secretariat to make, without make return of the warrant served, without reasonable cause, the sanction will be effective pecuniary and will proceed to award costs.

Article 1384.- Within the period allowed to offer evidence, the party seeking its extension request be granted it, and the judge will view the opposite for a period of three days, according to the party claiming to be granted or denied. If both parties were consistent in the extension be granted the same throughout the time agreed, not exceeding a period of ninety days.

Article 1385.- After the conclusion of evidence, the judge in every case that has not been completed the relief of them, complete them on time sent for that purpose authorized by this Code.

Article 1386.- The evidence must vent within the terms and extensions are allowed and those that will not reach a conclusion to the detriment of the parties without the judge may extend the periods if the law allows.

Article 1387.- For documentary and supervening be observed provided in this Code, and failing that the effect has the Procedural Law of the appropriate federal entity.

Article 1388.- Completed the probationary term, the cars will be made in view of the parties to a common term within the three days to produce their allegations, and after this period submitted or not, the court office, to hear final decision cited that issued and notified within fifteen days.

Article 1389.- Past that is the term for claiming, will be referred to the parties for decision.

Article 1390.- Within fifteen days after the summons for sentencing, will decide it.

SPECIAL TITLE

THE TRIAL 

Companies

CHAPTER I

General Provisions

Article 1390 Bis .- Be processed in this trial all the main races whose fate is less than 533 pesos 220 000 48 centavos, currency, without being taken into account interest and other accessories claimed from the date of filing the claim.

The amount referred to in the preceding paragraph shall be updated annually, according to the provisions of the last paragraph of Article 1253 Section VI of this Code.

The Federal Judiciary Council, the presidents of the High Courts of Justice in the Distrito Federal and states are obliged to make known to the courts of their jurisdiction, the update factor referred to above.

1 .- Article 1390 Bis No trial shall be conducted in this special handling those set out in this Code and other laws.

Bis 1390 Article 2 .- The commercial trial will be observed particularly the principles of orality, publicity, equality, immediacy, contradiction, continuity and concentration.

Article 1390 Bis 3 .- Those who can not speak, hear, or do not speak Spanish, formulate your questions or answers in writing or through an interpreter to be appointed from among those authorized as auxiliaries of the administration of justice or by professional associations, bar professional or public or private institutions, telling me about your questions or answers at the hearing and, if requested, will remain at his side throughout the hearing.

In these cases, at the request of the interpreter or be granted enough time for it to do the translation respectively, caring, if possible, not to interrupt the flow of debate.

The performers, starting your role will be advised of the penalties incurred by false reporting and on their obligation to faithfully translate or interpret what is said.

Article 1390 Bis 4 .- The judge will have the broadest powers of judicial direction to decide promptly and expeditiously what the law suit.

To enforce its decisions the judge may make use of coercive measures mentioned in Article 1067 Bis, on the terms specified here.

Article 5 .- Bis 1390 The evidentiary proceedings to be checked out of the courtroom, but within its territorial jurisdiction, shall be chaired by the judge, staff registered under the Judiciary of the federal entity or the Judiciary of the Federation, as appropriate, by any means referred to in Article 1390-26 Bis of this title and certified in accordance with the provisions for the conduct of hearings in court.

Article 1390 Bis 6 .- The nullity of an act must be claimed at the hearing, on pain of being validated right. The hearing produced in the trial should be claimed for it. The site can be claimed at any time, but if the person becomes unclaimed Aware trial invalid, the notification made or badly made take effect as if made under the law.

Article 1390 Bis 7 .- The refusal by the judge to be admissible before the admission of evidence at the preliminary hearing.

If the objection is well founded, the proceedings shall be void from the time you filed the challenge.

Article 1390 Bis 8 .- All matters not governed by general rules provided in this Code, they are not in conflict with the provisions of this title. Similarly, all means are admissible evidence as to create certainty in the judge in terms of section 1205, without prejudice to special rules set forth in this special title.

Article 1390 Bis 9 .- Except as provided in this title, promotions of the parties shall be made orally during the hearings. The courts will not accept frivolous or unfair promotions, and should be discarded out of hand, must substantiate and justify its decision.

Article 1390 bis 10 .- In the only trial site will be notified personally. All other determinations shall be notified to the parties under the rules of non-personal notifications.

CHAPTER II

Oral Procedure

FIRST SECTION

Fixing the Litis

Article 1390 bis 11 .- The application shall be in writing and meet the following requirements:

I. The judge before being promoted;

II. The name, corporate name and address of the actor to bring to hear and receive notifications;

III. The name, corporate name and address of the defendant;

IV. The object or objects that are claimed with accessories;

V. The facts on which the claimant bases his petition which require public or private documents that are related to each event and if you have at your disposal. Similarly provide the names of witnesses who have seen the facts.

Also be numbered and narrate the facts, outline clearly and precisely;

VI. The foundations of law and seeking class action or cite legal principles applicable legal principles;

VII. The value of the defendant;

VIII. Offering evidence that the actor intends to perform in the trial, and

IX. The signing of the actor or his legal representative. If they should not know or can not sign, put your fingerprint, signing another person in his name and his plea, stating the circumstances.

Article 1390 bis 12 .- If demand were obscure or irregular, or not comply with any of the requirements indicated in the preceding article, the judge noted, quite accurately, what are the defects of it, provided that the effect is issued, which shall be made only once.

The actor must comply with the prevention made by the judge within three days, counted from the day following that on which the notification becomes effective, and if you do not, the lapse, the judge will dismiss specifying the points of prevention that were not addressed and made available to the interested party all originals and copies that have been shown simple, with the exception of demand which has formed the respective file.

Article 1390 bis 13 .- In the statement of claim, defense, counterclaim, reply to the counterclaim and relief of view thereof, the parties offered their evidence relating to the issues in dispute, providing the name and address of witnesses who have mentioned in the writings referred to beginning of this paragraph, as well as their experts, and the kind of expert concerned with the questionnaire to be resolved, which will be held during the trial, showing the documentary in their possession or written which have been sealed by not requested documents in their possession in terms of section 1061 of this Code.

If the parties do not meet the above requirements in the writings that set the litigation, the judge may not admit even offered by the parties subsequently imported unless a supervening exception.

Article 1390 bis 14 .- Accepting the claim, the judge ordered notice to the defendant been served with a copy of it and the accompanying documents, so that within nine days to deliver his answer in writing.

Article 1390 bis 15 .- The site shall mean the person concerned, his representative, agent or attorney, giving card on which shall include the date and time on delivery, the kind of procedure, the name of the parties, the tribunal that sends care practice; transcript of the determination notice is sent and the name of the person to whom delivered, the minutes of the proceedings, which will add a copy of the document is delivered to the endeavor to obtain the signing one with whom he had understood the action.

The notifier shall be identified to the person who understands the proceedings, requiring it to turn is identified, settled the outcome and the means by which it is satisfied if the address of the sought, and may request the display of documents that prove, more precisely in case of his presentation, and the signs outside the building that can serve as proof of having attended the address indicated as the sought, and other events that make the person who understands the site in As their working relationship, kinship, business, or any other existing room with that person.

The certificate will be given to relatives, employees or household of the person concerned or any other person living at the address, if not find the sought-after that the notifier is satisfied there you have the person to be notified, will be exhibited in all cases, the means by which the notifier is satisfied that there is domiciled a person sought.

In addition to the card, a copy of the application simple and sealed properly collated more, if any, single copies of other documents that the actor has exhibited his demand.

The actor may accompany the actuary to make the site.

Article 1390 bis 16 .- After the deadline to answer the complaint, without whom it was made and without a petition, shall be under the terms of Article 1390 Bis 20. The judge will consider carefully and under strict liability if the site was performed on the defendant legally.

If the judge found that the site was not under the law, it will send replacement.

Article 1390 bis 17 .- The response shall be made conforming to the terms provided for the claim. The exceptions are, whatever their nature, will be enforced simultaneously in the answer and never after, except supervening. The defense will be seen to the plaintiff for a period of 3 days to work off the view of the same.

Article 1390 bis 18 .- The respondent must reply and, where appropriate, make a counterclaim. It shall be conveyed to the plaintiff for the answer within five working days following the date on which the notification becomes effective the car to support it.

Article 1390 bis 19 .- The defendant may accept the demand, in this case the judge shall summon the parties to the trial hearing, that will take place within a period not exceeding ten days, which sentencing respectively.

Article 1390 bis 20 .- Having answered the complaint and, where appropriate, a counterclaim, or once the time for it, the judge shall immediately fix a date and time for holding the preliminary hearing, which shall be within ten days.

In the same order, the judge admitted in his case, the tests that were given regarding the exceptions process opposite to surrender no later than the preliminary hearing. Failure to vent the evidence at the hearing shall be declared deserted for reasons imputable to the offeror.

SECTION TWO

Of Hearings

Article 1390 bis 21 .- It is the obligation of the parties to attend hearings of the procedure by themselves or through their legitimate representatives, who enjoy the powers referred to in the third paragraph of Article 1069 of the Code, in addition to express powers to reconcile with the judge and sign, where applicable, the corresponding agreement.

Article 1390 bis 22 .- The judgments delivered in the hearings will be reported in the same order, without formality to anyone present or should have been.

Article 1390 bis 23 .- The hearings will be presided by the judge. Be public in accordance with applicable to them the rules of Article 1080 of the Code.

The court shall order the taking of evidence, will lead the debate and require compliance with the formalities that apply and moderate the discussion, you can prevent claims from being diverted to irrelevant or inadmissible aspects, may also limit the time and number of times Speaking to the parties which have to intervene, interrupting Whoever does abuse of their rights.

The judge will have the most extensive disciplinary powers to maintain order during debate and during the hearings, for which it may exercise the power of command of the forces and impose the coercive measures interchangeably referred to Article 1067 Bis.

Article 1390 bis 24 .- The judge will determine the start and end of each stage of the hearing, precluding the procedural rights that should work out in each.

The party to attend a hearing late to enter the proceedings at the stage where it is without prejudice to the power of the judge in conciliation and / or mediation.

Once the witnesses, experts or parties conclude his speech, at their request be absent from the official site when the judge gives permission.

Article 1390 bis 25 .- During the course of the hearings, if deemed necessary, the judge may declare a recess.

When a hearing fails to be concluded on the date fixed for the meeting, the judge may suspend or defer, and should be fixed in the act, the date and time of your resume, unless it proves physically impossible, and arrange your resume when it is relevant.

Article 1390 bis 26 .- To produce faith, the hearings will be recorded by electronic means or any other suitable and traditional opinion of the judge, which ensure the accuracy and integrity of information, conservation and reproduction of its content and accessing those according to law, were entitled to it.

At the start of the hearings, the court clerk shall record orally in the register referred to in the preceding paragraph the date, time and venue, the name of the court of public servants and other people speaking.

The parties and third parties involved in the development of the hearings will be held prior protest to be led to truth. To this end, the court clerk will take protest, warning of the penalties imposed on those who claim falsely.

Article 1390 bis 27 .- At the end of the hearings shall be recorded which must contain at least:

I. The place, date and file to which it pertains;

II. The names of those involved and the evidence of the absence of those who should or could be present, indicating the cause of absence if known;

III. A succinct account of the development of hearing and

IV. The signature of the judge and clerk.

Article 1390 bis 28 .- The court clerk shall certify the milieu in which it is registered the respective hearing, identify the means by file number and take steps to prevent it altered.

Article 1390 bis 29 .- It may require simple or certified copy of the minutes or electronic copies of records held in the procedure, which shall be certified in the previous article at the expense of trial and prior payment.

In the case of single copies, the court should issue without delay those that are applied, sufficient that the party concerned made verbally.

Article 1390 bis 30 .- The retention of records will be in charge of the court that was generated, which must have the necessary support, to be certified under the terms of Article 1390 Bis 28. When for any cause material damage to the affected registry support its content, the judge will order replace a true copy, which he obtained from any, if not available directly.

Article 1390 bis 31 .- The court will be available the tools and personnel necessary for the parties to have access to records procedure, to know its contents.

SECTION THREE

In the Preliminary Hearing

Article 1390 bis 32 .- The preliminary hearing is to:

I. The purification procedure;

II. Conciliation and / or mediation of the parties through the courts;

III. Fixing agreements on undisputed facts;

IV. The mounting evidence of agreements;

V. The admission of evidence, and

VI. The citation for trial hearing.

Article 1390 bis 33 .- The preliminary hearing will take place with or without the assistance of the parties. Who does not attend without justifiable cause by the judge will impose a penalty which shall not be less than two thousand dollars or more than five thousand pesos, to be updated in terms of Article 1253 Section VI of this Code.

Article 1390 bis 34 .- The judge will review issues relating to the standing and shall, where appropriate, to resolve the exceptions process to refine the procedure.

Article 1390 bis 35 .- Should the exceptions process is inappropriate, or if no objection whatsoever, the judge will seek conciliation between the parties, informing them of the benefits of reaching an agreement proposing solutions. If the stakeholders come to an agreement, the judge will approve the plan if necessary and legally the pact will be res judicata. In case of disagreement, the judge will proceed with the hearing.

The parties may not invoke any stage of the proceedings, any precedent relating to the proposal, discussion, acceptance, or rejection of the proposals for conciliation and / or mediation.

Article 1390 bis 36 .- During the hearing, the parties may jointly request the judge fixing agreements on undisputed facts.

Article 1390 bis 37 .- The judge may make proposals to the parties to make agreements with respect to evidence offered such evidence in order to determine which ones are unnecessary.

Should the parties fail to agree evidence, the court will rule on the admission of evidence as well as how to be prepared for relief in the trial hearing, being in charge of the parties of its timely preparation, under the understanding that failure to do so will be declared officially deserted them for reasons attributable to the offeror. The evidence offered must be received by the parties only where permitted by law, relating to the points.

The test preparation will be the responsibility of the parties, and therefore should present witnesses, experts and other tests that they have been admitted, and only if deemed necessary, the judge, in aid of the bidder, or issue trades subpoenas and held the appointment of the expert umpire, on the understanding that they will be made available to the bidder respective trades and quotes, for purposes of preparing their evidence and they let off steam in the trial hearing.

In the same provided the judge will set a date for the holding of the trial hearing, which must be held within the period of ten to forty days.

SECTION FOUR

Judgement of the Court

Article 1390 bis 38 .- Opened the hearing will proceed to the sufficiency of the evidence are properly prepared in order that the judge deems appropriate, the effect will have the broadest powers as president of the procedure, failing to receive that are not prepared, which declared deserted for reasons attributable to the bidder, so the audience will not be suspended or deferred in any case for lack of preparation or sufficiency of the evidence admitted, unless a fortuitous event or force majeure.

At the hearing shall be granted the use of the word, for once, to each of the parties and a maximum of 15 minutes to formulate their arguments.

The judge will take appropriate measures so that the parties be subject to the time indicated.

Then state the matter seen and summon the parties for the continuation of the hearing within a period of ten days, which sentencing is concerned.

Article 1390 bis 39 .- The judge will present orally and in brief, the findings of fact and law that led to his conviction and reads only the paragraphs. Then will be available to the copy of the ruling parties.

In the event that the date and time fixed for the hearing does not attend the court any person, dispense with the reading of it.

CHAPTER III

Of Incident

Article 1390 bis 40 .- The incidents that have no special processing can be promoted only orally at the hearings and will not suspend them. The other side reply orally at the hearing and failure to do so, it shall be precluded his right.

As it is a question that requires testing and if appropriate admission, the judge ordered his relief at a hearing or within any of the hearings procedure, which will hear the arguments of the parties, in order to be determined. Then the decision is taken, if possible, otherwise, summon the parties to adopt it within a period of three days.

If the trial hearing is unable to conclude an incidental matter, the judge will continue the development of the hearing, without being able to make final decision, pending resolution of the incident.

CHAPTER IVTests
FIRST SECTIONConfessional

Article 1390 bis 41 .- The evidence in this trial confessional vent according to the following rules:

I. The supplier of the test may request that the counterparty to testify on interrogation, in the act of hearing into account;

II. The interrogation may be made freely without any limitation other than questions concerning the declarant are acts that are the subject of debate. The judge, in the act of hearing, review and score the questions carefully before formulating orally to the declarant and

III. The corresponding prior warning in case the person to be heard does not attend without good cause or not answer the questions put to him, automatically he confessed and will be declared as true the facts that the other party intends to prove the absence of proof otherwise.

SECTION TWO

Testimonial

Article 1390 bis 42 .- In the case of witnesses who must be mentioned, were a warning in case of disobedience that will apply an arrest for up to thirty-six hours, or they will appear by the security forces. The summons shall be by ballot at least two days prior to the day when they must testify, not counting the day you check the diligence of reporting, the following business day on which it takes effect, nor reported to receive the statement.

The test will be declared void if the means of pressure applied in the above mentioned case, there is the presentation of witnesses. Similarly, if the indication of the residence of a witness be inaccurate or check that your citation is requested in order to delay the proceedings, the offeror shall be imposed a fine in favor of the litigant who may not be less than two thousand pesos or more than five thousand dollars, amounts will be updated in the terms provided in Article 1253 Section VI of this Code. The judge dispatched automatically run against the violator, without prejudice to denounce the falsehood may have incurred, automatically declared void the testimonial.

Article 1390 bis 43 .- To know the truth about controversial issues, the judge may ex officio widely questioned witnesses about the facts of this test. The parties may also question witnesses, merely the facts or issues in dispute, the judge must prevent idle or impertinent questions.

SECTION THREE

Instrumental

Article 1390 bis 44 .- The records of the trial, whatever the means, will be public documents, will be credited full proof and how it was developed for the hearing or proceeding, the observance of the formalities, the persons who were involved, the decisions taken by the judge the acts took place.

Article 1390 bis 45 .- The documents submitted by the parties may be challenged in its scope and probative value, during the stage of admission of evidence at the preliminary hearing. The must be submitted later during the hearing to offer.

The challenge of falsifying a document can be made from the reply brief and up to ten days before the holding of the trial hearing.

SECTION FOUR

Expert

Article 1390 bis 46 .- If offered the expert testimony in the lawsuit, the counterpart, in presenting his defense, shall appoint an expert on your part and propose the extension of other points and issues than those made by the offeror to the experts dictate.

In the case that expert evidence is offered to answer the complaint, make a counterclaim or answer the latter, the opposite should appoint the expert on their side in the same way as above, within five days of car falls to the letters of reference.

Be properly offered, the judge admitted specify a period of ten days to show the opinion, unless there was cause enough for us having to change the date of commencement of the period originally granted.

Article 1390 bis 47 .- If any of the experts of the parties does not exhibit its opinion within the period prescribed by the judge, precluirá their right to do so and, therefore, be well off the test with the opinion is deemed to be surrendered. In the event that none of the experts display their opinion within the prescribed period will no longer receive the test.

When contradictory opinions are substantially displayed so that the judge considers that it is possible to find conclusions that provide elements of conviction, may appoint an expert umpire. In this expert should be notified that within three days, submit in writing to accept the office and given legal protest and his faithful performance, also indicate the amount of their fees under the terms of the relevant local law or, Failing that, it may determine them to be authorized by the court, and will be paid by both parties in equal proportion.

The expert umpire shall render its expertise in precisely the trial hearing, and failure will result as the judge imposed a fine, for the parties, an amount equal to the amount quoted for services accepting and protest the charge. At the same event, the judge provided for execution against the expert umpire, and it is also known to the Federal Judiciary Council or federal entity in question or the chairman of the tribunal as appropriate, the association , professional school or institution that have been proposed and asked the judge for appropriate administrative sanctions regardless of the legal and which may apply.

In the course of the preceding paragraph, the court shall appoint another expert umpire and, if necessary, suspend the hearing to the sufficiency of the evidence in question.

Article 1390 bis 48 .- The experts attending the respective hearing to make oral findings of its opinions, in order to vent the test with those exhibited and answer the questions that the judge or the parties raised. Failure to attend the experts appointed by the parties, shall be deemed not paid his opinion and not by the expert umpire shall be imposed a fine equivalent to the amount quoted for his services on behalf of the parties.

SECTION FIVE

Supervening Test

Article 1390 bis 49 .- After the claim and defense, counterclaim and reply to the counterclaim if any, will not be admitted to the actor nor the respondent, respectively, other documents which are in one of the following cases:

I. Be dated back to that letter;

II. Earlier on which to protest truth, asserting that the present did not have prior knowledge of their existence;

III. Those who have not previously been possible to obtain for reasons not attributable to the party.

When a party has knowledge of an exhibit supervening, shall offer up before the end of the trial hearing and the judge, after hearing the opposing party at the same hearing, ruling.