Commercial Code of Mexico - Book Five Trials of Commercial First Title General Provisions Chapter I Commercial Special Procedure

COMERCIAL CODE OF MEXICO

BOOK FIVE

Trials of Commercial

FIRST TITLE

General Provisions

CHAPTER I

Commercial Special Procedure

Article 1049.- Commercial trials are aimed at the air and decide disputes according to Article 4., 

75 and 76, derived from commercial acts.

Article 1050.- Where under the provisions merchant, for one of the parties involved in an act, it has a commercial nature and the other has a civil dispute arising thereof which shall be governed by commercial laws.

Article 1051.- The commercial procedure is preferred to all who freely agreed by the parties to the limitations outlined in this book may be a conventional procedure before courts or arbitration.

To this end, the court will inform the relevant parties the possibility to agree on the procedure for dispute settlement, as set forth in the preceding paragraph of this article.

The illegality of the covenant or failure when set to law, may be claimed as incidental and no stay of proceedings at any time prior to the award is made or sentence.

The conventional courts shall be governed by Articles 1052 and 1053, and arbitration under the provisions of Title Four of this book.

Section 1052.- The courts shall be subject to the conventional procedure the parties have agreed so long as it is formalized in writing any public policy or rider to the judge hearing the application at any stage of trial, and respect the essential formalities of procedure.

Article 1053.- To be valid, the deed, policy or legal agreement referred to in the preceding article shall contain estimates of the sufficiency of the complaint, the answer, the evidence and allegations, as well as:

I. - The business or businesses that have agreed to observe the procedure;

II .- The conduct to be observed, the parties may agree to exclude any form of evidence, they do not affect the essential formalities of procedure;

III .- The terms to be followed during the trial, when modifying the law provides;

IV .- The legal remedies to resign, provided they do not affect the essential formalities of procedure;

V. - The judge must hear the case for which the procedure is appropriate in cases in which under this Code may be extended competition;

VI .- The agreement also must state the names of the grantors, their ability to bind the character that hire them, their homes and any other data defining the specialty of the procedure.

In other matters, absent special agreement or omission of the parties agreed on procedural rules, shall follow the provisions of this book.

Article 1054. In the absence of agreement between the parties on judicial proceedings before courts in terms of the items above, except that the commercial laws established a special procedure or a Supplementary express commercial trials will be governed by the provisions of this book, and failing that, additionally apply the Code of Civil Procedure and if not sufficiently regulate the institution whose suppletory required, the respective local procedural law.

Article 1055.- Commercial trials, are ordinary, executives or specialists who are regulated by any law of a commercial nature, which are subject to the following rules:

I. All ocursos of the parties and proceedings should be written in Spanish, legible to the naked eye and must be signed by those involved in them. When a party does not know how or unable to sign, will impose its fingerprint, signing another person in his name and pray, indicating these circumstances;

II. Documents written in foreign languages ​​must be accompanied with translation into Spanish;

III. In judicial proceedings, the dates and amounts are written with words, and abbreviations not be used or scrape the wrong phrase, on which only a thin line will allow reading, saving the end with precision the error;

IV. Court proceedings must be authorized under penalty of nullity by the appropriate officer of the attest or certify the act;

V. The Secretaries shall ensure that promotions are originals or legible copies and the records are just pages, to add each of the leaves, initialed all of these in the center of the writings sealing the bottom of the notebook, so that will cover two pages;

VI. The simple copies of the documents submitted confronted and authorized by the Secretary, shall in cars, leaving the originals in the safe of the court, where you can see the other side, if it so desires;

VII. The Secretary shall report to the owner of the court along with the offices, correspondence, actuarial reasons, promotions or any written draft agreement fallen to such acts, no later than the day following their filing, under penalty of responsibility according to applicable laws. The agreement will be reserved to be prepared and

VIII. The court may order the remedy any failure to notice in the determination to the effect of regularizing the corresponding procedure.

Article 1055 Bis.- When the borrowing collateral, the creditor may exercise their executive stock trading trial, ordinary, special, mortgage summary or appropriate, in accordance with this Law, corporate law or applicable civil legislation, preserving the collateral preference in payment, even if the encumbered assets are designated for the practice of execution.

CHAPTER II

Personality and Capacity

Section 1056 .- All that under the law is in full exercise of their rights can be sued. Those who are not in the previous case, will stand trial for using his legal representatives or supplement their inability to be lawful. Those absent and foes will be represented as provided in the Federal Civil Code.

Section 1057 .- Judge ex officio examine the personality of the parties, but litigants may object to its opposite when they have reason to do so in a motion will not suspend the procedure and the decision handed down may be appealed in the devolution effect of immediate processing without prejudice to the provisions of section 1126 of this Code.

Section 1058 .- For anyone who is not present at the place of trial or have legitimate representative, may appear a judicial manager to promote the interest of the plaintiff or the defendant, and always subject to the provisions of the articles on the Federal Civil Code, and enjoy rights and judicial powers of a president. If the ratification of management is given before the security display, the display of it is not necessary.

Article 1059.- The judicial manager, before being admitted, should give security to ensure that the person will go through what he does and that will pay the tried and sentenced. The bond shall be qualified by the court under its responsibility and be granted by the judicial manager, committed to the business owner to pay damages, losses and expenses to be occasioned to him by his fault or negligence.

Article 1060.- There will be joint litigation, whether active or passive, whenever two or more people exercise the same action or oppose the same exception, for which they must sue under a united and equal representation.

To this end, within three days, appoint a legal representative who will have the powers to grant him the power necessary for the continuation of the trial. Failure to nominate President may choose from among themselves a common representative. If within the period specified, or fails to appoint judicial trustee should make the choice of common representative, or do not agree on it, the judge shall appoint a common representative by choosing one of those that have been proposed, and if nobody was there, to any party.

The common representative appointed by the judge will have the same powers as if litigate exclusively in its own right, except those of withdrawal, compromise and referees, nominated by the concerned authority will only have the latter, if they be expressly granted by the co-parties .

Where there is joinder of any kind, the appointed representative, or if the common representative is appointed by the interested parties or the judge will be the only one who can represent those who have exercised the same action or opposing the same exception, excluding others.

The end of the common representative or the appointment of the president by making up a joint litigation is to avoid multiple applications, contrary or contradictory, so that these leaders and representatives will be immediately and directly liable for negligence in their performance and be liable for damages cause their constituents and represented. The agent or common representative may act by proxy or attorney and authorize people to hear notifications pursuant to Article 1069 of the Code.

Article 1061.- The first letter will be precisely:

I. The order certifying the personality who appears on behalf of another;

II. The document or documents that prove the capacity in which the litigant is present at trial in the case of legal representation of any person or corporation, or when the right claiming to come from having been transmitted by another person;

III. The documents on which the claimant bases his action and those where the defendant melts exceptions. In the case of the actor, and lacks a document, it must demonstrate its claims to have requested his expedition with a simple copy the file sealed, protocol, unit or where they are the originals, so that, at its expense, is certification issued with them in the manner that prevents the law. In the case of the defendant must prove the application for the document that lacks, for which simple sealed copy of the file, protocol, or dependency shall be displayed with the answer or within three days following the expiration of the term answer the complaint.

It is understood that the parties have at their disposal the documents, if legally authorized to request copies of the originals and there is an obligation to issue. If the parties does not have available or any other cause could not produce the documents that support his or exceptions, the judge shall declare under oath, why they can not present them. In view of this demonstration, the judge shall order the person responsible for issuing the document to be issued to the interested party, warning the imposition of any of the enforcement measures authorized by law.

Unless otherwise provided by law or supervenient dealing with evidence, if not met by the parties to any of the above requirements will not be no documentary evidence in their possession when filing the claim or defense nor whether these writings are left to identify the documentary, to the effect that in due course be required by the court and are received;

IV. Also as noted in Section III, the demand and response accompanied by all documents which the parties have in their possession and which must serve as evidence for his part, and those who submitted after, in violation of this provision, not be admitted, except in the case of supervening evidence, and

V. Simple copy or photocopy provided they are legible to the naked eye, both to the application and other documents referred to, including that of being shown as evidence by the preceding paragraphs to run to the opposite movement.

Nothing in the preceding section shall also be observed on the writings that oppose the set-off or counterclaim or promote any incident.

Article 1062.- In the case of proven protocol have applied to the agency or public records and issue the document is not issued, the court shall order the responsible officer or director, who issued at the expense of the applicant within three days and to report warning judge should not do it in imposing the financial penalty up to the amounts authorized by law to be applied to benefit the injured party.

CHAPTER III

Of the judicial formalities

Section 1063 .- The commercial trials shall be conducted in accordance with the procedures applicable under this Code, special laws on trade and in his absence by the Federal Code of Civil Procedure and ultimately by the local Code of Civil Procedure.

Article 1064.- Proceedings are to be conducted in days and hours, under penalty of nullity. Days are all days of the year except Sundays and those who do not work in the competent courts in commercial matters who know the procedure. They understand that mediate working hours from seven to nineteen hours.

Article 1065.- The judge may enable non-working days and hours to act or to practice any errands when urgent cause that requires it, expressing what is this and the steps to be performed.

Article 1066.- The Secretary, or his substitute, shall include the date and time in which to submit a written, informing him at the latest within twenty-four hours, under penalty of fine up to the equivalent of ten times the general minimum wage already in place that is vented to the proceeding without prejudice to other deserving under the laws.

Article 1067.- Cars may be inspected by the parties or by persons authorized to do so while always remaining on the premises of the court. The words give or take transfer means that the cars are made available to stakeholders and if copies are delivered. The provisions of this article include the Public Ministry.

The court is obliged to issue at the expense of the applicant, without delay, single copy or photocopy of the documents or resolutions contained in the file, it being sufficient that the party requests it verbally, without requiring judicial decree, noting in cars receipt.

For a certified copy of any document submitted at trial, the party must request hearing or in writing, requiring judicial decree, and when application is made for copying or testimony from a document or part, otherwise you will have right to their coast add to creating conducive to the same document or part. When the interested party requests a certified copy of one or more complete documents and in no case shall the opposite view. By surrendering the certified copies, which are received should be left in cars reason and evidence of receipt, at which point the copies you receive.

To obtain a copy of any document or testimony that is in files or protocols that are not publicly available, anyone who intends to do and has no legitimacy in the act contained in the document requires judicial decree, which will be delivered but knowingly and hearing from, incidental proceedings, in case of opposition.

Article 1067 Bis .- To enforce its determinations the judge can use any of the following measures he deems appropriate, without it it is necessary that the judge stick to the order outlined here:

I. Reprimand;

II. Fine of up to six thousand pesos, to be updated in terms of Article 1253, Section VI;

III. The use of public force and breaking locks if necessary, and

IV. Arrest up to thirty-six hours;

If the judge thinks the case may be an offense, will report to the Attorney General.

CHAPTER IV

On the Notifications

Article 1068.- Notices, citations and delivery of the records will be checked later in the day following the enactment of resolutions that prevent, when the judge they do not provide otherwise. For personal notifications such term is counted from the date that the file is delivered to the notifier, which must be made within a period not exceeding three days. Plane will be imposed on violators of this article to a fine not exceeding the equivalent of ten days of general minimum wage in the place where to vent the procedure.

Notifications in any judicial proceeding shall be:

I. Personal or by ballot;

II. For Judicial Bulletin, Gazette or newspaper judicial places where you edit the same, stating the full names of stakeholders;

III. On the podium, in places intended for that purpose in the premises of the courts, that will set the lists of issues that send notice stating the full names of stakeholders;

IV. For notices to be made conspicuous in public places that are usual or cause to be published in the newspapers for that purpose require the court;

V. By certified mail,

VI. By Telegraph certificate.

Article 1069.- All litigants, the first letter or first judicial, must designate home located in the place of trial so that notifications are made and practiced the steps necessary. Also must designate the address to be made in the first notification to the person or persons against whom they promote.

When a litigant fails to comply with the first part of this article notifications are made in accordance with the Rules for notifications that should not be personal, to be designated as home for the purposes mentioned. If no address of the counterpart may designate, shall be required to do so, and if it shall ignore the terms of the following article.

The parties may authorize for notifications on behalf of one or more persons with legal capacity, who will be empowered to pursue the remedies available to, providing and intervene in the presentation of evidence, argued at the hearings, the sentencing order to avoid the consummation of the term expiration for lack of procedural and perform any act that proves to be necessary for the defense of the rights of authorizing, but can not replace or delegate such authority to a third party. Persons authorized under the first part of this paragraph should be legally authorized to accredit the profession of lawyer or law degree, and must provide the relevant data in the statement to be granted such permission and show the professional certificate or letter of intern for the practice of law in proceedings involving test, with the understanding that authorized that does not comply with the foregoing, you lose the right to this article refers to the detriment of the party who appointed him and only have shown that in the penultimate paragraph of this article.

Persons authorized under the terms of this Article shall be liable for damages they cause to the authorizing them, according to the provisions of the Federal Civil Code, relating to the mandate and other related fields. The authorized may waive such quality, by letter filed with the court, making known the reasons for his resignation.

The courts keep a logbook of professional credentials of lawyers, where licensed professionals can register.

The parties may designate authorized persons only for notifications and enforced cars, anyone with legal capacity, who will not enjoy the other powers referred to above.

Judge to decide regarding the authorization under this article shall state clearly the extent to which acknowledges the permission granted.

Article 1070.- When you ignore the address of the person to be notified, the first notification will publish the determination on three consecutive times in a newspaper of broad national coverage and a local newspaper of the State or Federal District in which the merchant should be sued.

Prior to notification by edicts in the preceding paragraph, the judge shall obtain information from an authority or a public institution that has officially registered people. Suffice the report of a single authority or institution to proceed notification edicts.

The authority or institution shall provide identification data and the last address appearing in its records of the person sought. This information does not fall within the fiscal secret or otherwise subject to the authorities or institutions are obliged to observe under the provisions which govern them.

Where the authority or institution to provide information from different people with the same name, the plaintiff may make such comments and clarifications to identify the address that corresponds to the person sought or, where appropriate, to dismiss the address provided. The judge will review the information presented and the comments made by the plaintiff and ruling.

In the event that the base document of the action has been agreed conventional address to receive notifications, if you go to make personal service at that address and it does not correspond to the defendant, will proceed to the edicts without notice need to obtain the report referred to above.

While a litigant fails to make substitution of the home where they have to practice proceedings or personal notifications, which would continue in any designated for that purpose. The notifier will be required to perform them at the address and in the absence of the same or refusal to receive them, the cars must state in order to take effect as well as subsequent, by publication in the bulletin, newsletter or newspaper court or in the bar of the courts, in addition to the procedures in which such party intervention we should have practiced in the local court without him.

Article 1070 Bis.- Institutions and authorities are obliged to provide the information referred to in Article 1070 of the Code, not later than thirty days and if not, the judicial authority shall issue the appropriate enforcement measures to the person responsible for answering or official reports, without prejudice to any liability incurred by the breach, resulting from the legislation applicable to public servants.

Article 1071.- When you are notified or cited a person resident outside the jurisdiction of the court, it will notice or summons by the court office or encourage the population in which it resides, which may be processed through the person if he so desires .

The assistance is requested shall be made only by means of communications addressed to the body designated to be provided and contain:

I. The designation of the court issuing the letters;

II. The population of the place or have to carry out the requested activity, while not identifying the location of the court warrant;

III. Actions whose practice is concerned, and

IV. The word or term to be practically the same.

In the event that the required action to another court or other authority of any kind, which should encourage sent, legal, or commandment, is considered urgent practice, the request may be made by telex, telegraph, telephone, referral facsimile or other means, under the faith of the Secretary who shall record the person with whom communication was understood, when it and the request made, the obligation to confirm in ordinary office to be submitted on same day or the next. The use of the media listed will be right in the file, as well as the reasons to consider urgent.

In offices, rogatory rogatory and is not required to legalize the signature of the issuing court.

Article 1072.- May the courts agree that they send letters rogatory issued and offices are delivered, to deliver it to its destination, the party that requested the practice of diligence, he is obliged to hasten his diligenciación urged by the judge and returned to As an inquiry if it is done through him return.

The party at whose request the warrant be free is obliged to meet expenditure incurred for compliance.

The resolution order issued by the warrant may be appointed at the request of a party, person or people involved in their diligenciación, stating the scope of its intervention and the period for his appearance before the court appealed, saying the judge called if your absence determines whether or not the expiry of the warrant.

Not be required to show the judge urged any power to the people involved in their diligenciación if are mentioned in the warrant for that purpose.

The court will write to the respective inserts, the warrant within a period of three days, counted from the referral supplied to order and make it available to the applicant by the type of notification from, to be made within the same period, to from the day after the notification took effect starts the term granted for diligenciación.

When the urge vitiated by a defect, the applicant must make it known that is pointing back to court within three days following that on which it has received, for correction and proceed as prescribed in the preceding paragraph. Failure to do the return of the warrant defective in the specified period, the deadline for diligenciación not be interrupted.

Similarly, the judge issuing the full jurisdiction may provide the called for compliance with the order and provide for compliance with the order to be practiced many steps necessary for relief of the request and is returned directly to issuing the letters once completed, unless you nominate a person or persons return, in which case this will be provided under their responsibility who will return to issuing the letters within a period of three days of receipt.

The judge issuing the judge may authorize urged, so that when the urge has been referred to a body other than the assistance to be provided, the recipient sending it directly to the appropriate, if he has what the jurisdiction, must account for this circumstance office in issuing the letters.

The warrant should be completed on schedule in it. Otherwise the case will be remembered by any means of communicating the urgency of the fulfillment of what can be done automatically or at the request of the interested party.

The judge issuing its own motion or verbal or written request of any interested party may inquire of the result of the judge diligenciación urged by one of the means set out in article 1071, noting in the case of what may be.

If, despite the recall, continued the same situation, the court issuing the letters he shall direct knowledge of the immediate superior of the need to fill it, begging him to take appropriate measures to obtain compliance.

If the party to whom it delivered a warrant for the purposes specified in this article does not return within three days following the period he has granted for diligenciación, unjustified impediment rather, shall be punished in terms authorized by law and allowed to vent diligence. The same penalty will be imposed when the counterpart revealed that without having identified the subject diligence period for the warrant, it already took place, and has not returned the warrant served, by the one who requested and received, unless the contrary .

Article 1073.- To inquiries in a foreign country to take effect in trials that are processed by the national courts may be entrusted by the members of the Mexican Foreign Service by the court hearing the case, in which case those procedures should be performed in accordance with the provisions of this book within the limits permitted by international law.

The Mexican Foreign Service members may request the foreign authorities in cases where appropriate, cooperation in the practice of mandated inquiries.

Article 1074.- The exhortations that are sent abroad or received from him, except as provided by treaties or conventions to which Mexico is party shall be subject to the following provisions:

I. - Letters rogatory are sent abroad to be written official communications that will contain the request to undertake the necessary actions in the trial of issue, and these communications contain necessary information data and the certified copies, certificates, copies of transfer and other annexes to him under appropriate;

II .- Letters rogatory coming from abroad must satisfy the requirements referred to in the preceding section, without requiring any additional formal requirements;

III .- The letters rogatory may be transmitted to the authority required by the parties themselves, through the courts, through the consular or diplomatic agents or by the competent authority of the requesting or requested, as appropriate;

IV .- Letters rogatory from abroad that are transmitted through official channels and not require authentication to send abroad only need the legalization required by the laws of the country where you have to fill;

V. - All I urge is received from abroad in languages ​​other than Spanish must be accompanied by a translation, which will, unless obvious shortcoming on the part or object;

VI .- The Warrants are received from abroad will require approval only when involving measures of compulsion on people, property or rights are those relating to notices, taking of evidence and other matters of purely procedural form shall be served without incident;

VII .- The Warrants are received from abroad will be filled out in accordance with national laws, but the court may grant exception urged the simplification of formalities or observance of formalities other than national ones, at the request of the judge issuing or interest, if this does not is detrimental to public order and especially individual rights, the petition must contain a description of the formalities whose application diligenciación request for the warrant;

VIII .- Rogatory the courts to remit abroad or received from him, processed in duplicate and retain one copy for the record of sent, received and acted.

CHAPTER V

Trial Terms

Article 1075.- All judicial terms to begin on the day following that on which have become effective on or notice and will have them by the due date.

Personal notifications have effect the day after they have been practiced, and the other supplies the next day, that in making it or by newsletter, gazette or newspaper judicial or attached to the bar of the courts, as well as engaged in by mail or telegraph, where there is evidence of having given the person concerned, and the edicts of the day after having been last in the official newspaper of the State or the Federal District.

In the case of the first notice, and this should be done in another place of residence of the tribunal will increase the limits stipulated by the law or the judge, a day for every hundred miles or fraction exceeding one hundred , the judge may, depending on the difficulties of communications, weather problems and even increase these periods, reasonable and supported with proper determination in this regard.

Article 1076.- In any term shall be counted in days when no court proceedings can take place, except in cases of emergency, which is specified in the law.

The discontinuance will operate as of right, either because it is, ex officio or upon request, whatever the status of the trial from the first car to be given in the same until the summons to hear sentence in those cases that the following circumstances:

a) .- Arising within 120 days from the day following that on which the notice takes effect from the last court ruling, and

b) .- Which did not promote any of the parties, giving impetus to the procedure for processing, requesting a continuation to completion.

The effects of revocation are:

I. Extinguish the instance but not the action, making ineffective the trial proceedings and returning things to their state before the filing of the complaint and shall rise up But sending disenroll for Public Records;

II. An exception to the inefficiency itself, the final decisions of the exceptions process that will govern any trial be promoted. Similarly, the evidence submitted in the process that has been declared obsolete may be invoked automatically or by the parties in the new process that is promoted;

III. The expiration of the second tier firm makes decisions appealed;

IV. The expiration of the incidents only affect the performances of it, without understanding the primary instance, although it has been suspended by resolution that, if within sixty days;

V. There has to lapse in universal judgments of bankruptcy, but if those are dealt with independently but are related to or arising out of the former;

VI. Expiration does not operate when the procedure is suspended due to force majeure and the judge and the parties can not act, and where the need to wait a preliminary question or resolution related by the same judge or by other authorities; and in other cases provided by law;

VII. The resolution decreeing the forfeiture may be appealed in both, if the trial supports the appeal. If the declaration is made on appeal is allowed replenishment,

VIII. The costs are borne by the actor, when you order the forfeiture of the trial at first instance. In the second instance will be borne by the appellant, and the incident is payable by bringing it. However, the costs will be offset by charged to the defendant when he had the opposite counter, compensation, invalidity and general exceptions or defenses that tend to change the legal situation that prevailed between the parties before the filing of the complaint.

Article 1077.- All resolutions are pending decrees, interim orders, final or interlocutory orders preparation and should be clear, precise and consistent with the promotion of the parties, ruling on everything they have requested. When the court is ignored in solving all requests raised by the petitioner of motion or verbal single instance of the person concerned must be given new account and resolve the issues omitted in the next day. The final judgments also must be clear, precise and consistent with the demands and responses and other timely claims made in the lawsuit, convict or acquit the defendant, and decide all disputed points that have been discussed. When these HAVE been several, will be the statement for each one.

Interlocutory orders should be issued and notification be sent as appropriate under the law, within eight days following the date on which it was said to be issued. The final decisions must be issued and be sent as the law requires notification within fifteen days following that on which he had been summoned to sentencing. Only when any need for court review of voluminous documents, to resolve final decision, you can enjoy an extended term of eight days for both purposes previously ordered.

The decrees and orders must be issued and be sent notification as appropriate, within three days following the last step, or the presentation of that promotion.

The decrees, orders and judgments will necessarily be delivered and shipped in a timely notify law.

Article 1078.- Upon completion of the terms attached to the parties, without being accused of rebellion, the trial will continue its course and will forfeit the right must be exercised within the corresponding term.

Article 1079.- When the law does not indicate term for the practice of some judicial act, or to exercise any right, shall be considered indicated the following:

I. Eight days, according to the judge to be brought within them hearing dates for the receipt of evidence, signature recognition, confession, positions, statements, display of documents, expert opinion and practice of other procedures, unless that special circumstances the judge believes just extend the term;

II. Nine days to lodge an appeal against final sentence, six days in the case of interlocutory or order of immediate processing, and three days to appeal the interlocutory sentence or preventive self joint processing with the ultimate in terms of article 1339 of this Code;

III. Three days to relieve the eye to be given to the parties in all types of incidents that have no special processing;

IV. Three years for the enforcement of judgments in special proceedings and other executives shall be provided in commercial laws and legal agreements entered into them;

V. Five years for the enforcement of judgments in ordinary trials and judicial conventions held in them, and

VI. Three days for all other cases.

VII. (Repealed).

VIII. (Repealed).

CHAPTER VI

(Repealed name).

Article 1080.- Hearings in all procedures are carried out by observing the following rules:

I. Always be public, keeping the greater equality between the parties, without making concessions to one without doing the same with the other, avoiding digressions and vigorously repressing promotions parties tend to suspend or delay the proceedings, the which must be continued, and therefore resolved in the same any issue or incident that could interrupt;

II. The secretary, under the supervision of the judge shall contain the date, place and time when first the audience and the time of termination;

III. Do not allow interruption of the hearing by any person, whether those involved in it or of third parties to it. The judge is empowered to suppress the facts of interruption with the imposition of the enforcement measure it deems appropriate, in addition to ordering the expulsion of the police use of that or those trying to interrupt;

IV. Those resistieren to comply with the expulsion order will be arrested up to a term of six hours, and served in a place designated by the Judge;

V. In the terms expressed in the preceding paragraph shall be corrected for third parties to the dispute, witnesses, experts or any others as parties, or represents, shall fail in hearings and judicial acts, of word or deed or in writing , consideration, respect and obedience due to the courts, or others when the facts do not constitute a crime, and

VI. Will void all judicial acts performed under intimidation or force.

The judges who had given in to intimidation or force, as soon as they see free, declare void practiced and promoted at the same time for prosecution against the perpetrators.

CHAPTER VII

From the Coast

Article 1081.- In no event will be charged judicial costs, even when he acts witness assistance or undertake such proceedings outside the jurisdiction of the court.

Article 1082.- Each party will immediately be responsible for costs caused by the measures to promote, in the event reimbursement of costs, the unsuccessful party shall indemnify the other for all that may have been caused when the opposite would have exceptions or frivolous or inappropriate resources for the purpose of delay the proceedings.

Condemnation does not include the remuneration of the solicitor, or the employer, is a lawyer but when received, when a lawyer outside attorney, the fee covers only the condemnation, when the same has been charged with the conduct of the trial without recourse to another sponsoring lawyer.

Article 1083.- In commercial trials is not required to assist litigants attorney, but if you take and no condemnation to pay the costs only payable to the lawyer title.

Article 1084.- Condemnation for costs when they will prevent the law, or when in the opinion of the judge has acted imprudently or in bad faith.

Always be condemned:

I. The yield no proof to justify its action or its exemption if it is based on disputed facts;

II. The instruments or to submit false documents or false witnesses or bribed;

III. That executive was convicted at trial and try it if you do not get a favorable ruling. In this case the condemnation was made in the first instance, observed in the second terms in the following section;

IV. Whoever is convicted of two statements in conformity conformity of all its operative part, without taking into account the statement on costs. In this case, the condemnation will include the costs of both instances;

V. On that attempts or enforce any defenses or exceptions stand inappropriate or resources or incidents of this type who not only condemn him for these actions, defenses, exceptions, incidents resources or improper, but exceptions are procedural inoperative.

Article 1085.- The costs will be covered by the party in whose favor has been declared.

Article 1086.- Presented regulation costs to the tribunal before which have caused, it will be seen for three days at the guilty party, to express their agreement or disagreement.

Article 1087.- If nothing expusiere within the time specified the guilty party, will decide on the payment. If the term referred will express not agree, will be given the reasons given by the party who filed the regulation, that within the same term answer to the comments made.

Article 1088.- In view of the parties have exhibited under the previous article, the court in what they deem just fail within three days. This decision allowed the resources to appropriate, as the instance in which the trial and finds it based on how much total import regulation.

Article 1089.- If the expert fees or any other staff not subject to tariff, were challenged, you will hear two other individuals of their profession. No habiéndolos in the town of residence of the court or judge hearing the cars, may be appealed to the immediate.

CHAPTER VIII

Competencies and Procedure Exceptions

Article 1090.- Any claim must be brought before a competent judge.

Article 1091.- When the location has to follow the trial there are several competent judges who know the business choose the actor, except as provided otherwise applicable basic laws.

Article 1092.- You judge that litigants who have been referred expressly or tacitly.

Article 1093.- There are cases in which individuals express submission clearly and expressly waive the immunity granted by law, and in case of dispute, designated as the competent courts of the domicile of either party, the place of performance of any obligations, or the location of the thing.

Article 1094.- Subject is tacitly understood:

I. The plaintiff, by the fact occur to the judge to file your claim, not only to bring his action, but also to answer the counterclaim that opposes it;

II. The defendant, by answer the complaint or counterclaim to the plaintiff;

III. The respondent not filed within the corresponding term of the plea it may have on time, estimated in this case there is submission to the jurisdiction of the court summoned him;

IV. That having promoted a contest, withdraws from it;

V. The third opponent and for whatever reason he comes to trial under an incident.

VI. He who is called to court to stop that prejudice the decision, which will have as a party may present evidence, plead and file any kind of defenses and remedies, without object within the time limits, a matter of any competition.

Article 1095.- Not for submission by express or implied, can be extended jurisdiction, but a judge who has the same gender as the extension.

Article 1096.- Judge is competent to hear the counterclaim, who knows the principal claim.

If the value of the counter is less than the amount of the jurisdiction of the court hearing the main application in all cases will know this, but not vice versa.

Article 1097.- The court that the actions of incompetence promoted, deduct that was filed for no reason and with the clear purpose of lengthening or hinder the trial, impose a fine on the petitioner, not to exceed the equivalent of one hundred days' wages minimum force in the place in which to vent the procedure.

Article 1097 Bis.- (Repealed).

Article 1098.- (Repealed).

Article 1099.- Will not proceed to question of jurisdiction or be subject to inadmissibility of the road when they are enforced by traders actions or procedures in civil proceedings, derivative contracts and acts regulated under the common law, or warranties arising from such conventions between the parties, alleging the necessity of conducting the trial according to business rules, whichever it be conducive to the provisions of section 1090.

Article 1100.- No judge can sustain competition with his immediate superior, but another judge or court, even superior in its class, does not exercise jurisdiction over him, as with those of federal jurisdiction, when in the case of concurrent jurisdiction in terms of section IA of Article 104 of the Constitution.

Article 1101.- All orders handed down by judges to sustain its jurisdiction, or the higher courts to resolve these issues should be just based on law.

Article 1102.- Bates competition can only be instituted if so requested.

Article 1103.- Litigants may withdraw from the competition before or after the transfer of records the testimonies of the Superior, and his withdrawal will stop the fight.

Article 1104.- Except as provided in Article 1093, whatever the nature of the trial will be preferred to any other judge:

I. The place where the debtor has designated to be required in court to pay;

II. The place designated in the contract for the fulfillment of the obligation.

Article 1105.- If no designation has been authorized by Article 1093, the judge shall have jurisdiction of the debtor's home, whatever the action is exercised.

Article 1106.- If the debtor has a multiple homes, shall be preferred to choose the lender.

Article 1107.- A homelessness will be the competent judge where the contract was concluded when the action is personal, and the location of the thing, the action is real.

Article 1108.- If things real object of the action there are several and we were located in different places, will judge the place of the location of any of them any place where the plaintiff first. The same shall apply when the person was located in the territory thing of various jurisdictions.

Article 1109.- (Repealed).

Article 1110.- In cases of no legally proven, is judge of the last domicile of the absentee, and if ignored, the place where he is most of the goods.

Article 1111.- In all cases of voluntary jurisdiction is competent judge of the domicile of being promoted.

Article 1112.- For preliminary rulings, the judge who is competent it was for the core business, in the case of protective order shall also be applicable in case of emergency, the court of the place where are the defendant or the thing that should be secured.

Article 1113.- To order the cancellation of a registration where the action is filed has no other object that it is competent to judge whose jurisdiction the office where he settled, but if the cancellation is made for a new trial as incidental or action, may order the judge who heard the core business.

Article 1114.- Competition issues can be promoted by inhibitory or demurrer. Either you choose by which the asserted, must be presented within the period allowed to answer the complaint at trial is attempted, with the period shall begin from the day following the date of the site.

When you try to settle conflicts of jurisdiction arising between the Courts of the Federation, between them and the states, or between a state and those of another, it is decided by the judiciary of the Federation, under the terms of Article 106 Constitution and the respective secondary legislation.

In the case of powers that may arise between the courts of one state, shall be settled by the respective appellate court to which they belong both judges, whichever observe the following rules:

I. The inhibitory be tried before a judge who is deemed competent, asking him to direct the office to which it is estimated not to be, to witness the proceedings refer to the upper and the applicant also forward the actions taken by him to the same appellate court to it decides the question of jurisdiction;

II. The demurrer will be proposed to the judge who is considered incompetent, asking him to refrain from referring business knowledge and testimony of the proceedings to the Superior for decision the question of jurisdiction;

III. Competition issues in any case suspend the main proceedings;

IV. If no question of any competition promoted within the terms stipulated by the deemed affected, shall be deemed subject to the judge who summoned him and forfeit any right to try it, and

V. Nor be promoted automatically, but the judge deemed incompetent can inhibit business knowledge in terms of the first paragraph of Article below.

Article 1115.- The courts are prevented from officially declaring the questions of jurisdiction and should only be inhibited business knowledge when it comes to skills on the basis of territory or subject, and as long as they inhibit the first to be provided on demand dictates principal, or to the counterclaim for making the claims.

When two or more judges refuse to hear a specific matter, detrimental to the party who happen to their choice within the space of nine days to the Superior, who said judges are attached, to an order that those who refuse known, that within three days, we will send the original files that are contained in their respective resolutions.

Once received by the superior cars, the will in view of the petitioner, or, where appropriate, on both sides, for a period of three days to offer evidence or claim that its interest best. For tests that are offered and these are admitted, will be shown the hearing date to be held within ten days, and prepare to be received will be sent at the hearing the evidence taken from below the period of alleged and citing to hear resolution, which shall decide and reported within a period of eight days, sending the case to the judge.

In the event offered no evidence, and only is alleged, the court shall sentence and to be published in the same period prescribed in the preceding paragraph.

Section 1116.- The inhibitory to promote must do so within the period specified to answer the complaint to be counted from the day after the site. If the judge who is making the request to defer the estimated appropriate, will hold its competition, free trade and sent requiring the judge deems incompetent, so that within a period of three days, witness the proceedings refer to the upper and the original requesting their cars forward at the same Superior.

After the judge required the office receives inhibitory, within a period of three days shall the testimony of the proceedings for the Superior said in the previous paragraph, and may express this reason that in turn sustains his competence, or if not, estimated from the inhibitory.

Superior received by the original record of the applicant and the testimony of the required records, the will in view of the parties to them within a period of three days to offer evidence and arguments that suits your interest.

If the tests are admissible in court so decreed and indicate indifference hearing date to be held within ten days in which to vent the evidence and arguments and issue the same resolution as appropriate.

In the event that the parties only and do not claim to provide evidence or proposals are not admitted, the court cited to hear the resolution, which shall act and shall give notice to interested parties within the non-renewable term of eight days.

Determined competition, the court shall inform the judges contestants.

In the case of statements by the Inhibitory always be valid the actions taken before the judge declared incompetent, on both the demand and reply to it, and the counterclaim and its corresponding response, if any, and the answer to the views that give the answer to the complaint or counterclaim, without prejudice to the rights of the parties as to pending cases settled on these points, telling the presiding judge to submit the original record the judge to be declared competent for this continue and conclude the trial.

If the inhibitory declared inadmissible, the court will notify both the competent judges to continue and conclude the trial.

Article 1117.- The demurrer should be to promote it within the period specified to answer the complaint to be counted from the day after the site.

The declination of jurisdiction will be proposed to the judge asking him to refrain from business knowledge. Judge to admit, order within a period of three days to submit evidence of his superior performances making it known to their respective stakeholders, as appropriate to appear before him.

Received by the superior records the testimony of the will in view of the parties to these within a period of three days to offer evidence or argument that suits your interest.

If the evidence is admissible so prepare decree ordering the court hearing date and indicate indifference to be held within ten days, which is vented and the evidence and arguments given at the same resolution as appropriate.

In the event that the parties only and do not claim to provide evidence or proposals are not admitted, the court cited to hear resolution, which shall act within the non-renewable term of eight days.

Determined competition, the court shall notify the judge before whom the demurrer was promoted, and if that is declared competent.

In the case of statements by the demurrer, if the actions taken will be valid before the judge declared incompetent, on both the demand and response to this, as well as their respective counter-claim and answer if any, and the answer to the views that give the answer to the complaint or counterclaim, without prejudice to the rights of the parties as to pending cases settled on these points, telling the presiding judge to submit the original record the judge to be declared competent for this continue and conclude the trial.

If the demurrer is declared inadmissible by the court shall notify the judge to continue and conclude the trial.

Section 1118.- The litigant who has opted for one of two ways of promoting incompetence, you can not leave and turn to another, nor use them on.

If it is declared unfounded or inadmissible incompetence, apply to the opposed, a financial penalty of up to sixty days of general minimum wage in the respective area, the benefit of the litigant, if it is found that the respective incident was promoted in bad faith.

Article 1119.- Unless expressly point to some other exception or procedural, the other defenses and opposing exceptions will be considered as urgent and will be resolved in the final sentence.

Article 1120.- Jurisdiction by reason of the territory and respect are the only ones that can be extended, unless they fall under federal jurisdiction.

Article 1121.- Competence by reason of material, is extended in order not to divide the continence of the cause in those cases where there are coalition or performance contracts have close connection with each other, or ties among people who litigate, whether due kinship, business, partnership or similar or derived from the same cause of action. Thus a court may decline to hear cases alleging a lack of competition matter where any of the cases reported, which may lead to multiplicity of litigation with possible conflicting decisions.

Also be extended to the case, knowing the high court appeal against an interlocutory order or the parties agree on hearing the main issue. The trial will continue to process under the rules of his class, pursuing this at the top.

Article 1122.- Procedural exceptions are the following:

I. The incompetence of the judge;

II. Lis pendens;

III. The connection of the cause;

IV. The lack of personality of the actor or the defendant, or the lack of capacity in the actor;

V. Lack of compliance with the term or condition attached to it the intended action;

VI. The division and the excursion;

VII. The inappropriateness of the road and

VIII. Other that that character dieren laws.

Article 1123.- The lis pendens applies when a judge known as a trial in which there is equality between parties, actions and things claimed deduction.

Which opposes the court must state precisely where the first trial is pending, accompanying an authorized copy of the records that it holds, or requesting the inspection of cars. In the latter case the inspection should take place by the secretary, in the case concerned the courts located in the same population within three days, who do not do it in that term will be imposed a fine equal to the amount a day's wages.

If you declare appropriate, be referred the case to the court that prevented the knowledge of the business, when two judges are within the jurisdiction of that court of appeals to accumulate and are processed as one decided in a single statement.

Anyone who opposes the pendency of a first trial to be judged not on the same population or not belonging to the same appellate jurisdiction, may be credited only with licensed or certified copies of the claim and defense in the trial made above, which should provide the audience and show on incidental evidence and arguments and sentencing. In this case, declared from the lis pendens will be closed the second procedure.

Article 1124.- There connectedness of cases when:

I. Identity of persons and actions, but things are different;

II. Identity of persons and things, but actions are different;

III. Actions from the same cause, although various people and things, and

IV. Identity of actions and things, although people are different.

Article 1125.- The fact that the related objects must state precisely the court which is handling the related trial, accompanied by a certified copy of the records you have in your possession or requesting the inspection of related cars. In the latter case, if both courts are in the same population, the inspection should take place by the secretary within three days, who do not do it in that term will be imposed a fine equal to the amount of a day of their salary.

When the exception of connectedness is by relation to a trial in court that dealt with not in the same population or not belonging to the same appellate jurisdiction, may be credited only with licensed or certified copies of the claim and defense made in the previous trial, which should provide and exhibit at the hearing of evidence. In the case of belonging to the same appellate jurisdiction, declared from the connectivity, the reference is to the cars that is opposed to the court that prevented the knowledge of the case related to the accumulation of both trials and processed as one, decided in a single statement.

When courts before which the proceedings belong to different appellate courts, not appropriate connectivity, nor when the lawsuits are in various stages or in the case of processes that are aired overseas.

Article 1126.- In defense of lack of personality of the actor, or the objection is made to represent the personality of the defendant, when it upheld either, if remedied, the court shall no later than ten days to is corrected. Failure to do so in the case of legitimacy to the process by the defendant, will continue the trial in absentia of it. Failure to remedy the actor, the judge dismiss the trial immediately and return the documents.

The inability of the actor compels the judge to take for the trial dismissed.

Article 1127.- All exceptions process that has the defendant must assert them to answer the complaint, and never stay the proceedings. If you declare the lis pendens from the effect will be acquitted in retrial. Unless otherwise stated whether from the connectivity, the effect will build cars to avoid dividing the continence of the cause in order to resolve lawsuits in a single statement.

When you declare the inadmissibility of the road, its effect will be to continue the procedure for processing the trial on the track that is considered appropriate to declare the validity of the proceedings, the judge's obligation to regularize the process according to the route to declare from.

Article 1128.- In defense of lack of compliance term or condition attached to it an obligation, order, and the excursion, if he responds the opposite will be declared from the plane. Otherwise, those exceptions will be resolved incidentally, giving sight to the contrary by the end of three days, and if proof is given for the decision shall be rendered by the court and served on the parties within a period of 8 days without being able to suspend the procedure and its effect will be to safeguard the right to be asserted when the circumstances that affect their exercise.

Article 1129.- Unless the court's jurisdiction, the other exceptions process and the objections regarding the procedural incidentally be solved, giving sight to the contrary by the end of three days, and if not offered evidence must be issued by the relevant resolution court and served on the parties within a period of 8 days without any way you can suspend the processing of the trial.

Article 1130.- If objecting procedural tests are available, they will be written in the respective set points on that deal and ordered to be admitted is preparing to be received in a single hearing to be set within eight days is vented to the hearing or after the deadline for doing so, hearing that, may be deferred under any course receiving evidence, hearing arguments in the same event will dictate the appropriate interlocutory sentence which the court can not defer such resolution given at the same hearing.

In the proceedings only exceptions are given as evidence documentary and expert, except to the lis pendens and related fields, for which may also provide the inspection test cars.

Article 1131.- The plea of ​​res judicata, be resolved in terms of section 1129 of this code.

CHAPTER IX

Of the Impediments, Challenges and Excuses

Article 1132.- Every magistrate, judge or clerk, it shall be forcibly prevented from knowing in the following cases:

I. In businesses that have direct or indirect interest;

II. In those interested in the same way to blood relatives in a straight line, regardless of grades, collaterals within the fourth degree and related within the second, either inclusive;

III. When you have pending court or their relatives expressed a lawsuit similar to the question;

IV. Whenever the judge and one of the stakeholders have an intimate relationship born of a religious or civil ceremony, sanctioned and respected by custom;

V. If the judge currently a partner, tenant or employee of any party;

VI. Being a guardian or conservator of any of the interested or currently manage their property;

VII. Heir, legatee or donee of any party;

VIII. If the judge or his wife or children, debtors or guarantors of any party;

IX. Have been the judge advocate or attorney, expert or witness in the business concerned;

X. Have known the business as a judge, arbitrator or counsel, addressing any points that affect the substance of the matter;

XI. Whenever for any reason have expressed their opinion before the decision;

XII. If is a relative by blood or marriage of a lawyer or attorney of any of the parties in the same degrees expressing the coat. II of this article.

Article 1133.- Magistrates, judges and clerks have the duty to apologize knowledge of business in case of any of the causes expressed in articles 1132 and 1138 of this Act or any other similar, even if the parties did not recuse themselves. The excuse must state specifically the reason therefor.

Without prejudice to the measures that under this Code should be issued, are required to disqualify immediately avoquen knowledge that a business should be aware that no estoppel or within twenty-four hours after the occurrence of the facts of the impairment or who has knowledge of it.

When a magistrate or judge excused without legitimate cause, either party may seek a complaint with the competent body found unjustified abstention, may impose a sanction.

Article 1134.- Any disqualification shall be imposed before the judge or court to which the business, speaking clearly and precisely the reason therefor, who shall immediately testimony of the respective performances of the authority competent to take on the challenge.

The challenge must be said without hearing the opposing party, and is dealt with in the form of incident.

Article 1135.- Disqualification of a judge that integrates a collegiate court, the court itself will know it belongs to, although the magistrate has jurisdiction unitary collegiate courts, for this purpose be constituted in accordance with the law. Unit of a judge, the presiding judge will know you belong to the disqualification, whether local or federal jurisdiction.

In the motion for disqualification are permissible all the evidence established by this Code and also challenged the official confession and the other party.

Magistrates and judges are hearing an undeniable challenge for just this purpose.

Article 1136.- In competitions may only use the challenge the legitimate representative of the creditors in business affecting the general interest in affecting the particular interests of any creditor, the applicant may take the challenge, but the judge not be inhibited more than the point in question.

Article 1137.- When a business involving several people before he appointed common representative, according to art. 1060, holding the same share or right, or linked in self defense, shall be considered one for the purpose of the challenge. In this case the challenge be accepted when proposed by the most interested in numbers: if including any tie, most people, if any, even among them, discard the challenge.

Article 1138.- Just causes of challenge are all that are prevented, according to art. 1132, plus the following;

I. - Following is a process in which a judge or arbitrator or arbitrator any of the litigants.

II .- Have followed the judge, his wife or relatives by consanguinity or affinity, in grades expressing Fracc. II art. 1132, a criminal case against any of the parties;

III .- Follow today with some of the parties, the judge or the persons mentioned in the previous section, a civil, or take a year has ended before we had followed;

IV .- Now to be the judge creditor, landlord, diner or principal of any of the parties;

V. - If the judge, his wife or children, creditors or debtors of any party;

VI .- Have been the administrative judge of any establishment or company that is part of the process;

VII .- Have managed the process, have recommended or contributed to the expenses incurred;

VIII .- Have known in the business in another instance, failing as a judge;

IX .- Attend or treats that giveth any of the litigants costeare after the process started, or have much familiarity with any of them, or live with him in his company, in the same house;

X. - To accept gifts or services of any party;

XI .- Make promises, threaten or otherwise express their hatred or affection for any of the litigants.

Article 1139.- The challenges may be filed during the trial from the letter of the answer to the complaint to notification of the order to open the trial to trial, unless changes in the personnel of the court or tribunal. In this case the challenge will be admissible if made within three days of notification of the first order or decree provided for new staff.

Until its challenge, does not suspend the jurisdiction of the court or judge, so will continue with the processing procedure.

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

Article 1140.- Declared from the challenge, ends the jurisdiction of the magistrate or judge, or secretary's intervention in the business in question.

Article 1141.- Not be challenged judges:

I. - In the performance of document recognition and the related statements to be used to prepare for trial;

II .- By completing rogatory;

III .- In other proceedings assigned to it by other judges or courts;

IV .- In a measure of mere execution, but if they will be mixed in the execution;

V. - In the other acts that do not reside jurisdiction or knowingly imported.

Article 1142.- In collegiate courts judges on the challenge to integrate them, it only matters of officials specifically challenged.

Article 1143.- The precautionary measures in the executive proceedings and procedures of urgency, will not proceed to any disqualification but practiced assurance, made the seizure or replevin where appropriate, or issued and set the schedule.

Article 1144.- Before answering the complaint or oppose the procedural exceptions, if any, there is no challenge.

Article 1145.- If declared inadmissible or unproven second reason for objection has been lodged, will not accept another challenge for cause, although the challenger protest that the cause is supervening or had no knowledge of it.

Article 1146.- The court dismissed out of hand any challenge:

I. Where there is no time, and

II. When not based on any of the grounds referred to in Articles 1132 and 1138 of this law, or if the previous article.

Article 1147.- Where a claim is unfounded or unproven cause of challenge, the challenger shall be imposed a fine in favor of the litigant, equivalent to thirty days of general minimum wage in Mexico, if they are a clerk or judges of first instance and to sixty days of such salary, if a magistrate.

Article 1148.- If the sentence states that the challenge should be communicated to the relevant court so that he, in turn, referred the case to the judge concerned. In second grade, the challenged judge is separated from the business knowledge that they belong to appellate court will be supplemented in the manner prescribed by law. In all cases, the official who declared the objection in question, which will also determine the court to continue hearing the case and the term should remitírsele cars.

If you plead not quite the case, will communicate the decision to the court of origin. If the challenge was denied by a magistrate, to continue hearing the same business if it is unitary or the same room as before the challenge.

The challenges of the superior court clerks of courts of first instance and peace, shall be conducted before the Chambers and judges who act. The decisions of trial judges may be appealed in the devolution effect.

Article 1149.- Magistrates, judges and clerks have the duty to apologize for the same reasons why they may be challenged, and must expressly set out the cause of his excuse.

Article 1150.- When a judge or magistrate without just cause or excuse not express precisely the same, either party may seek a complaint with the presiding judge, who may impose a disciplinary measure.

CHAPTER X

Pre-trial media

Article 1151.- The trial may be prepared:

I. - Asking a sworn statement which seeks to sue, the one against whom he intends to direct about a demand made on his personality or the quality of their possession or possession;

II .- Calling the display of movable property that if it is to be real action in question to engage;

III .- Asking the buyer to the seller or the seller to the buyer in case of eviction, the display of titles or other documents relating to the thing sold;

IV .- Asking a partner or commoner presentation of documents and accounts of the society and community, the consortium or co-owner who is in power.

V. Calling of witnesses when they are elderly or are in imminent danger of losing life or close to leave a place with which communications are difficult and not possible to try the action, depend on their exercise of a term or condition that has not been completed yet;

VI. Calling of witnesses to prove an exception, provided that the test is essential and witnesses are in one of the cases reported in the previous section;

VII. Calling of witnesses and other statements that are required in a foreign proceeding, and

VIII. Asking the expert opinion or the court when the state inspection of the property, health of people, changing conditions, weather or similar situations the applicant make you fear the loss of a right or need to preserve it.

Article 1152.- When the coach asked why school should be expressed as requested and the case is followed or feared.

Article 1153.- The judge may see fit so as to ascertain the personality of the coach asks high school, and the urgency of examining witnesses.

Judge's ruling granting the preparatory proceedings can not be appealed. Against the decision that the appeal be denied both effects if it were issued by a magistrate, or revocation if it were passed by lower court or peace.

Article 1154. The action can be exercised in accordance with Sections II and III of Article 1151, may be brought against anyone in possession of the things that they mentioned. By personal service shall be conveyed for a period of three days the person against whom the promotion, that he expresses to his rights, stating if they have reason to object to display or keep you from doing. In these writings should be offered testing, which will be admitted at the hearing to be held within eight days, and where it is alleged and a decision on the requested display. If granted, the display of the personal property or documents, the judge shall specify the day, time and place for this to take place, with the warning that it considers appropriate. The resolution denies the request may be appealed in both effects and granting it will be in the devolution of immediate processing.

Article 1155.- When ordering the display of a protocol or other document filed in public office, if the judge grants the diligence preparatory command that is practiced by the clerk, executor or secretary, accompanied by the petitioner, the address of the notary, broker or of the respective office, dejándoseles these, certificate of notification in which the warrant is recorded so that the inspection, but in no case leave the originals. Of these certified copies shall be issued in duplicate, at the expense of the applicant, authorized by the notary, broker or a public servant concerned with the annotation has been extended by court order stating the date thereof, particulars of the procedure and date of issue , one of which is issued to the applicant by reason of receipt in the file and the other will be added to the file.

Article 1156.- The preparatory steps referred to in section III of Article 1151, adjusted to meet the request of the petitioner and accredited as a partner or co-owner, are allowed outright, and order, by personal service to the person against whom requests , exhibiting the documents and accounts of the society or community, on the day and time that the effect signal to be received by the court, with the warning that failure to perform will be applied to any of the authorizing coercive measures law.

Article 1157.- The preparatory proceedings at issue in sections V to VIII of article 1151 shall be conducted with citation of the opposing party, who will notify the application within three days, and apply the rules for practice testimonial evidence, expert or judicial inspection, depending on cases.

Article 1158.- The judge may use without limitation of any kind, any kind of warnings the extent permitted by law to enforce the determinations handed down in all sorts of means preparatory to trial.

Article 1159.- In all cases where the parties fail to appear at the proceedings at issue in this chapter, we will proceed in his absence, without further search.

Article 1160.- It is the duty of the court order issued certified copies of all proceedings in the media preparatory to trial in question.

Article 1161.- Promoted trial the parties may exhibit the certified copies referred to in the preceding article, or request that you add the original media performances that would have been handled preparations for which must be the request from the statement of claim or defense and failure to do so does not receive the originals, like where it has been lost or destroyed.

Article 1162.- You can prepare the trial executive, judicial confession asking the debtor under oath, to which the judge shall specify the day and time for the hearing. In this case the debtor will be in the place of trial when asked by the subpoena, and it must be personal, expressed in the notice the name of the petitioner, subject to due diligence, the amount claimed and the source the debt as well been served with a copy of the respective application, collated and sealed.

Article 1163.- If the debtor is found or not properly at home and be satisfied that the notifier, deliver the ballot on which contains the full transcript of the ruling that was rendered, for the individual, its president, the kin close as one finds it in the house, its employees, their household or any other person living in the defendant's address, also delivered copies of the application of transfer duly stamped and checked.

Article 1164.- If you fail to appear for the summons, and if you made any warning being declared confessed, and that the requirements referred to previous articles, and display specifications qualified legal positions that prove the origin of the request , he shall be admitted in certain debt, and will ship order made against him following the trial under trademark law for its class.

Article 1165.- The document contains private and net debt term is fulfilled, will allow the creditor to promote means preparatory to trial, showing the document to the judge who will let you know the origin of the debt and requested to order the recognition of the firm, amount of debit and cause.

To this end, the court shall order the clerk or executive who appeared at the residence of the debtor to be required to under oath, make recognition of his signature, and the source and amount of debt, and in the same event will give notification card that is transcribed in the order of the judge, and collated and sealed single copy of the application.

Diligence of not understanding the person with the debtor in the case of an individual or agent for lawsuits and collections or acts of ownership in the case of legal persons or legal representative, in other cases, the clerk or executor shall refrain from any requirement, and leave to subpoena the debtor, agent or legal representative, wait for the practice of judicial proceedings in those hours may be specified in the summons, which will be performed after six to seventy-two hours. Also, the clerk or executive may, without court order, move to one or more other addresses where you can find the debtor, the obligation to state the circumstances. If after a maximum of five searches of the debtor he is not found, will terminate the means preparatory to trial, to return that person the documents presented and without prejudice to their rights to assert that the manner and form appropriate.

When the debtor was located, his agent or representative, and summoned twice refused to answer whether or not his signature, it shall be recognized, and so declared by the judge.

When you recognize the signature, but not the source or amount of the debt, the clerk or executive to prevent him in the act of diligence, or within five days to exhibit the documentary evidence that proves your answer. If not displayed, the judge shall be true in certain designated debt, or the amount credited to stop that is not due, as he recognizes the signature source or amount of the debt.

When the debtor is unaware of his firm will leave intact the rights of the petitioner so that upheld at the track and credited accordingly but falsehood incurred by the debtor, give the Prosecutor's Office.

The same is done with the agent or legal representative of the debtor to act in the same manner as stated in the previous paragraph.

When you have to recognize the signature or by the certainty of some debt, order the issuance of certified copies of all proceedings in favor of the petitioner and expense.

The actor will make its claim on summary proceeding before the same judge who heard the media accompanying the preparatory document certified copy of their action fundatorio, single copies of these and other may be required to transfer to the defendant, and collect the two cases and if auto run is dispatched.

When auto execution is dispatched, the trial will continue on the road as a brand executive law for its class.

The decision denying the writ of execution may be appealed in both effects, and otherwise be allowed in the devolution effect immediate processing.

Article 1166.- Be the acknowledgment before a notary or broker, and at the time of grant or thereafter, those who have signed documents without the presence of such notary, provided that it does direct the person bound, his legal representative or his agent with sufficient power.

The notary or broker will be an acknowledgment at the foot of the document itself, seating if the person recognizes it is the direct obligation or his agent and the clause relating to the mandate or the legal representative, also noting the number and date of writing it is made an acknowledgment.

The recognized documents and will also result in the way of enforcement.

Article 1167.- If a public or recognized private or contains much liquid can be prepared by executive action if the settlement can take place within a period not to exceed nine days.

CHAPTER XI

Of the protective order

Article 1168.- The precautionary measures may be taken:

I. When there is fear that is absent or hide the person against whom be instituted or has filed a lawsuit;

II. When subject to hidden or squandered assets should be exercised in a real action;

III. When the action is, provided that the debtor does not have other assets than those that have been practicing diligently and issue that conceals or disposes.

Article 1169.- The provisions of the preceding article include not only the debtor but also the tutors, partners and managers of goods.

Article 1170.- The precautionary measures established by this Code may be ordered as well as preliminary rulings, and after the start of the respective trial: In this second case the ruling shall be conducted in a separate incident rope, and know it the judge or court to be filed application is knowing the business.

Article 1171.- Can not be issued protective orders other than those provided in this Code, which exclusively consist of the roots of the person in the case of the tails. I art. 1168, and the seizure of property in cases of tuxedos. II and III thereof,

Article 1172.- That prompted the precautionary must prove it has the right to manage and the need for as requested.

Article 1173.- The test may consist of documents or competent witnesses, who will be at least three.

Article 1174.- If the roots of a person in court to answer calls at the time of filing the lawsuit, simply the request of the actor and the granting of bail to answer for damages caused to the defendant, in an amount fixed by the judge discretion to made to the defendant notified.

Article 1175.- For the previous article, the ruling will be reduced to prevent the defendant not to be absent from the place of the trial without a legitimate representative, sufficiently instructed and expense to meet the trial's outcome.

Article 1176.- If the request for attachment occurs before filing the lawsuit, plus proof required by art. 1172, the plaintiff shall give a bond satisfactory to the judge liable for damages that are followed if a complaint is filed.

Article 1177.- The roots that will break the staff punished by the Penal Code which states the crime of disobeying a lawful command of public authority, without being compelled by coercive measures that apply to return to the place of trial. In any case, it will, by nature, according to common rules.

Article 1178.- Each request for provisional seizure, shall state the value of the claim or of the thing claimed, designating it with precision, and the judge, the decree, shall determine the amount by which it is to be practiced diligently.

Article 1179.- When requesting a provisional seizure without founding in enforcement, the actor shall give bond to answer for damages that are followed, and because it reverses the ruling, and because, filed the lawsuit, the defendant be acquitted.

Article 1180.- If the defendant measure the value or object claimed, gives sufficient security to trial the trial judge or real estate be insufficient to meet demand for success, not take out the protective order, or lift that has been issued.

Article 1181.- Or to receive information or to issue a protective order will be referred to the person against whom it is requested.

Article 1182.- Of all the protective order is responsible for the calls, therefore, are responsible for the damages caused.

Article 1183.- In the implementation of precautionary measures is not admissible exceptions, except those mentioned in Article 1180.

Article 1184.- The seizure of property ordered by protective order, shall be governed by the provisions for trials business executives, and as to the provision referred to Article 1180 in accordance with the procedure prescribed by law of the state, to which he belongs the judge who decreed precautionary, and in darkness or failure to resolve the judge.

Article 1185.- The precautionary executed prior to filing the lawsuit, which requested must be instituted within three days if the trial been followed in the place where it was made. If we should continue elsewhere, the judge will increase to three days indicated, the resulting according to the last paragraph of Article 1075.

Article 1186.- If the actor does not comply with the provisions of the preceding article, the protective order is automatically revoked, but not requested by the defendant.

Article 1187.- The person against whom a protective order has been issued, you can claim it at any time, but before the final sentence, for which purpose you will be notified that Order, the case of non-implementation of his person or his legal representative.

Article 1188.- You can still claim a third protective order, when their goods have been subject to kidnapping. This claim is substantiated by a separate file and subject to the following articles.

Article 1189.- Providence claimed in the statement of claim where the evidence offered by the third, the judge shall transfer to the promoter of the precaution, and if the debtor for the answer within a period of five days, having in his case, provide evidence that they intend to receive. After the deadline for contesting the next day when the term expires, the judge admitted the evidence that has been offered, and establishing a date for relief within fifteen days, sending prepare the evidence so warrant.

Article 1190.- At the hearing referred to in the preceding article, will receive the tests and concluded it was conducted verbally what the parties claimed that his rights and the court will fail at the same hearing.

Section 1191 .- If you attended any business interest on appeal, it will be supported only in the devolution effect and will be processed immediately. If the statement raises the protective order will not be executed only after giving the confidence you get. The second instance decision be final. When the protective order was given in the second instance, the sentence is not subject to any appeal.

Article 1192.- When the protective order is issued by a judge other than the need to deal with the core business, once executed and settled the claim, if it is formulated, will be forwarded to the competent court proceedings, in any case will be joining the record for that it falling obren effects according to law.

Article 1193.- The bonds at issue in this chapter, shall be granted to the court that decreed the precautionary respectively.

The surety or bonding company granting the guarantee for any of the parties understood that waives all legal benefits, observed in this case, the provisions of articles on the Federal Civil Code.

CHAPTER XII

General Rules on Trial

Article 1194.- That claim is required to prove. Consequently, the plaintiff must prove his action and the defendant exceptions.

Article 1195.- He who denies is not required to prove, but in case that the denial statement to wrap a given.

Article 1196.- They also must prove that denied when doing so ignores the legal presumption is in favor the litigant.

Article 1197.- Just the facts are subject to the test: what is right only when it is based on foreign law, which invokes to prove their existence and applicable to the case.

Article 1198.- The evidence must be provided clearly expressing the fact or facts that prove it is the same, and the reasons for which the offeror believes that demonstrate their claims, if the court's opinion the evidence offered does not meet the conditions targeted, will discarded, observing the provisions of Article 1203 of this ordinance. In no case shall there be evidence contrary to morality or law.

Article 1199.- The court shall hear the suit to test if the litigants have requested or that he considers necessary.

Article 1200.- Any questions arising on the occasion of the provisions of the preceding two Articles, the judge will decide outright.

Article 1201.- The inquiry should take place within the probationary term, the judge must establish the resolution allowing the relief out of this term, which should be sent in regular trials concluded within twenty days, and the special courts and executive within ten days, under the responsibility of the judge, except in cases of force majeure.

Section 1202.- Are without prejudice to the provisions of the preceding article laying down rules for taking evidence in incidents, or documentary which shows the party that manifest under penalty of perjury, that had not previously heard of them, or having got asked and until required by the judge, not able to obtain, or supervening.

Article 1203 .- The next day at the end of the period of the offer of proof, the judge determined resolution that the evidence admitted on each event, and may limit the number of witnesses cautiously. In no case shall there be evidence against law or morals, that have been offered extemporaneously on undisputed facts or unrelated to the litigation; facts notoriously impossible or unlikely or that do not meet the requirements of section 1198 of this Code. Against the order to admit any evidence to contravene the prohibitions outlined above or fails to satisfy the requirements of Article 1198, the appeal should be returned effect of processing together with the final decision, when appealed the sentence in the main. In the same devolutive and processing together with that sentence, the determination may be appealed to disregard any evidence offered by third parties or brought to trial, which were always considered as parties thereto.

Article 1204.- The summons shall, not later than the day prior to that in which the test is to be received.

Article 1205.- Are admissible as evidence all the elements that can produce conviction in the mind of the trier on disputed facts or dubious and therefore be taken as evidence the statements of the parties, third parties, experts, public or private documents, judicial inspection photographs, facsimiles, cinema film, video, audio, data messages, reconstructions of events and in general any other similar or object that serves to ascertain the truth.

Article 1206.- The term test is ordinary or extraordinary. It usually is accorded to produce evidence within the federal entity that the dispute continues. It is extraordinary that received grants to test out of it.

Article 1207.- The term ordinary proceeding pursuant to Article 1199, is subject to extension on request within the term of offering contrary evidence and concurs or does not object to such extension within a period of three days. This term may be extended only in the ordinary trials for up to twenty days and in the executive or special trials for up to ten days. The special term to be granted the tests have to vent in a different federal state or abroad, they are granted guarantees for each test is found in such cases, under conditions whereby local procedural law applied additionally, up to the discretion of the judge noted that it creates within prudent, considering the distance of place and quality of the test. There is no special term of the extension.

Article 1208.- Neither the ordinary or the extraordinary term, but may be suspended by mutual consent of the concerned or very serious because, in the opinion of the judge and under his responsibility.

Article 1209.- When the suspension is granted, shall be in the car the cause which has to do it.

The suspension will be lifted when the procedure is done by consent of those concerned at the request of either, without remedy, notwithstanding that such suspension does not prevent run the term expiration. When the decree because very serious view of the judge, the suspension was lifted when cessation of such cause, or it may require the parties to that within three days, express and prove whether such gravity remains. After a ninety-day has been suspended for serious cause, ex officio or either party may request the judge to check whether gravity exists, and have saved it, it will lift the suspension upon receipt of having made the requirement stated above, the purpose of initiating any judicial term, including the expiration.

Article 1210.- The collection of evidence in other courts, under the request of the judge of the cars during the suspension of the term, shall have effect as the required notice to have no suspension.

CHAPTER XIII

Of Confession

Article 1211.- The confession can be judicial or extrajudicial.

Article 1212.- It's judicial confession is made before a competent judge, and to answer the complaint and interrogatories.

Article 1213.- It is considered that extrajudicial confession is incompetent to judge.

Article 1214.- From the statement of claim and statement of defense and up to ten days before the evidentiary hearing, it may offer the confession, leaving the parties must declare, under oath, when required instead.

It allowed the prosecutor to articulate positions have special power to acquit, or general clause to do so.

Article 1215.- Individuals who are parties to trial, are only required to answer interrogatories personally when required which articulates them, and since the offer of the test indicate the need for absolution should be so very personal, and there facts in the complaint and answer to justify this requirement, which will be described by the court to order the reception as well. Otherwise, the acquittal was made by the agent or legal representative with sufficient powers to answer interrogatories.

Article 1216.- The agent or representative who appears to answer interrogatories by a party necessarily be aware of all the disputed facts of his own client or represented, and you can not ignore the facts manifest themselves to him through whom acquitted, or may indicate that ignores response or hedge, much less refuse to answer or fails to respond categorically in the affirmative or negative, because doing so will declare the positions confessed qualified legal are made, whenever the court under its responsibility to consider such an agent or legal representative, as if it were the same person or party for which absolves positions. Of course the answer interrogatories appear at after answering yes or no, you can add what suits their interest.

Article 1217.- In the case of legal entities, the acquittal of positions will take effect provided by an agent or representative with power to acquit, but can require the relief of the confessional is carried out by specific agent or representative. In this case, will also apply what is required in the previous article.

Article 1218.- The assignee is considered representative of the transferor for the purposes of the preceding article.

Article 1219.- If you must acquit the positions is not in the place of trial, the judge shall issue the corresponding warrant accompanying, closed and sealed, the statement evidencing the positions, same must be pre-qualified. Specifications, the supplier of the test shall, by offering a confession, a copy that authorized by law with the signature of the judge and the secretary, be safe in the courthouse, with no chance it can be known Instead of the offerer.

Article 1220.- Judge urged to take all steps appropriate under this chapter, but may not declare confessed to any of the litigants, unless the judge issuing authorized to make such a statement of admitted or in cases where it is permitted by law.

Article 1221.- That articulates the questions, either the same as his agent is entitled to attend the examination and making the event the new questions that suit you.

Article 1222.- The positions should be articulated in precise terms, not to be insidious, not to contain each more than a single fact, and this must be typical of declaring.

Section 1223 .- If there is list of positions for the relief of the confessional, it must be submitted sealed and stored in the secret and the court, and it sat right about on the same deck, which the judge initialed and signed by the secretary. If the statement is not displayed, you must estarse to the provisions of this article.

Section 1224 .- If the above appear, the judge, in his presence, open the envelope, the penalty of positions, and prior to questioning, the judge of the questions under Article 1222.

Personal service which needs to interrogatories shall be conducted at least two days prior to that for the audience, not counting the day you check the diligence of reporting, the following business day on which it takes effect or the to receive the statement said.

If the bidder decides not test submit lists of positions, have the right to verbally articulate positions in the respective hearing, but in case of failure thereof, be punished with defection of the confessional.

Against qualifying positions, the appeal comes preventive processing together with the final decision.

Article 1225.- Made the oath, the judge for questioning, literally settling responses, and completion of diligence, absolving the sign outside the specifications of positions.

Article 1226.- In no circumstances will the party has to acquit an interrogation position is assisted by his lawyer, solicitor, or by another person, nor shall forward or back positions, or term to be advised, but if the absolving a foreigner, may be assisted by an interpreter if he so requests, in which case the judge is appointed.

Article 1227.- If there are several that are to interrogatories, and pursuant to the same interrogation, the proceedings shall be carried separately, and in one day, preventing it from communicating with first absolve those who have to acquit after.

Article 1228.- The answers must be yes or no, being able to add that given the explanations it deems appropriate, or that the judge asked.

Article 1229.- In the case of the respondent refuses to answer, the judge will prepare himself to have him in the act of confessing if he persists in his refusal.

Article 1230.- If the answers evasive declared outside of that, the judge will also have him prepare himself by confessing the facts on which their answers were not categorical or final.

Article 1231.- The statement, once signed, can not be changed either in substance or in writing.

Article 1232.- The need to answer interrogatories, shall be declared confessed:

I. When, without just cause, the need to answer interrogatories refrain from appearing when he was summoned to do so, in which case the declaration shall be made automatically, as long as is exhibited prior to the sufficiency of the evidence the statement of positions;

II. If they refuse to testify;

III. When they do insist on not answering yes or no.

Article 1233.- In the first case the previous article, the judge shall open the envelope, or be in writing positions, and qualify before making the statement.

Article 1234.- Acquitted positions, absolving has the right to turn at once to ask them if there articulating attended. The court may freely question the parties about the facts and circumstances that are conducive to the ascertainment of truth.

The parties requested in the very act of declaration absolving the court required to clarify some doubtful point on which not answered categorically, whether the positions made by the parties or ex officio examination that is done, and if it is declared if it has been admitted in some cases the last two fractions of Article 1232.

Section 1235 .- When the confession is made to absolve the positions, but to answer the complaint or any other act of the trial, not being in the presence court so that it is concluded, the litigant must request the ratification, and if any unjustified refusal to ratify the letter containing the confession, or failure to do so, they acknowledge the corresponding rebellion, being perfect confession.

Article 1236.- The authorities, government corporations and establishments are part of the public administration does not absolve positions in the form established in the preceding articles, except as provided in Article 1217, but the party may ask to be free trade, by inserting positions you want them to, by way of report, be answered by the person designated, within the period designated by the court, and not exceeding eight days with the pain of having it to confess if the term does not reply within that he has set, or if not do so categorically affirming or denying the facts. The statement may be admitted automatically or upon request.

CHAPTER XIV

Instruments and Documents

Article 1237.- They are public documents which are reputed as such in the common law, and also the policies of commercial contracts concluded with intervention of a broker and authorized by it in accordance with the provisions of this Code.

Article 1238.- Any other private document is not understood as in the preceding article.

Article 1239.- Whenever one of the litigants asketh copy or testimony from a document or piece work in public records or books of the runners, the opponent shall have the right to add to its coast conducive to creating the same document .

Article 1240.- Documents in different party that will follow the trial, are compelled to urge that under the judge directed the cars to the place where those are.

Article 1241.- Private documents and correspondence from one of the parties presented at trial by way of evidence and not disputed by the opposing party, are deemed to be admitted and shall have effect as if they had been expressly recognized. May be required if the explicit recognition that has so requested, to this end will manifest the originals who should be recognized and you will see the whole document, not just the signature.

Article 1242.- Private documents shall be submitted in original, they are part of a book, record or file is displayed to be brought compulsively interested party.

Article 1243.- If the document is found in books or papers, business house or an industrial establishment, which requested the document or record, must determine precisely what it is, and attested copy will be made on the desktop of the establishment, without the directors are obliged to carry him to the court books of account, but only to present the items or documents designated.

Article 1244.- In recognition observe the provisions of Arts. 1217 to 1219, 1221 and 1287, tuxedos. I and II.

Article 1245.- May recognize a private document, which signs it, which sends it to extend, or the legitimate representative of them in power or qualification.

Article 1246.- Authentic instruments issued by federal authorities, make faith throughout the Republic, without legalization.

Section 1247 .- A party may object to the documents in scope and probative value within three days of self admisorio test in the case of those presented so far. The subsequently displayed may be challenged in the same place, from the day following that on which the notification becomes effective the car to order admission. Not necessary for the objection referred to in this Article, the incidental processing of it.

Article 1248.- To make faith in the Republic of foreign public documents must be legalized by the competent Mexican consular authorities under applicable laws.

Article 1249. The documents that may be transmitted internationally through official channels to fill legal purposes, shall not require legalization.

Nor will require legalization of foreign public documents, when they have concluded a treaty or inter-institutional agreement with the country they come from, and forgo such legalization.

Section 1250 .- In case of refusal or cast doubt on the authenticity of a document, contested or challenged as false, matching may be made of letters and / or signatures. These documents are displayed along with the demand, if the defendant intends to object or mark it off falsehood, must file the objection in question, and then provide the evidence it deems relevant, in addition to expert evidence, must be viewed with such exceptions the plaintiff, to manifest what serves his interests to the relevance of expert evidence, and book your car admisorio admission to the test, with no rise to the challenge as an incidental. In case you were not offered the expert is not necessary, the hearing provided for in this article but must estarse the provisions of Articles 1379 and 1401 of this Code, as applicable.

In the case of documents produced by the defendant with his answer to the complaint, or of documents produced by either party after the writings that set the litigation, the challenge will be in a motion.

The objections referred to in the preceding paragraph may be made from the written statement vent view of exceptions and defenses, and ten days before the conclusion of the hearing, the case of those presented so far, and for those who exhibit subsequently, within three days following the date on which in his case, are admitted by the court.

If the dispute referred to the two previous paragraphs are not offered the expert testimony is relevant or not fulfill any of the requirements for admissibility, the short shrift by the judge.

Article 1250 bis .- In the event of dispute or objection of falsifying a document, in addition to the above article, you will observe the provisions of the following rules:

I. The party objects to the authenticity of a document or false convict, should specifically state the reasons and evidence;

II. When challenging the authenticity of a private document or public without parent, they shall be indubitable documents for comparison and to promote appropriate expert evidence;

III. Without the above requirements shall be uncontested or contested or shake the instrument;

IV. In a challenge to the litigant shall be conveyed to the end of three days to manifest what his interests and provide evidence to be received in audience only incidental in relation to the objection or appeal;

V. Nothing in this article only gives the court jurisdiction to hear and decide in the main the probative value of the disputed document without any general statement can be made affecting the instrument and without prejudice to criminal proceedings that could take place, and

VI. If during the aftermath of the procedure is different tramitare criminal case the falsity of the document in question, the court, without suspending the trial and the circumstances, may determine at sentencing if the rights of the challenger reserved for cases in which criminal proving the falsehood or you can make the executive decision effectively to the delivery of a bond.

Article 1250 bis 1 .- Both for the objection or appeal documents are private or public lack of matrix, only the indubitable for comparison:

I. The documents which the parties recognized as such by common agreement, including a statement that according to the present law;

II. Private documents whose words or firm has been recognized in court upon application by one to whom is attributed the dubious;

III. The letter or signing documents that have been judicially declared itself of one to whom is attributed the dubious;

IV. The brief challenged in the part that recognizes the letter as one whom his prejudice;

V. The signatures in court proceedings in the presence of the clerk by the party whose signature or letter is checked.

Article 1251.- In the event that either party hold the falsity of a document that may be of considerable influence in the lawsuit, shall follow the requirements of the Code of Criminal Procedure relevant.

CHAPTER XV

Test Expert

Article 1252.- The experts must have degree in science, art, technology, trade or industry to which the relevant issue that has to hear their views, whether science, art, technical, trade or industry require title for its exercise.

If not requiring or requesting not experts in any place, any person may be appointed to the satisfaction of the judge understood, even if they have title.

Expert evidence is admissible only when required special knowledge of science, art, technical, trade or industry concerned, but not in terms of general knowledge that the law presumes to be necessary in the courts, so that discarded automatically those who offer expert by the parties to such knowledge, or who are accredited in cars with other tests, or just refer to simple arithmetic or similar.

The title of enabling public broker credited for all purposes as an expert appraiser.

Article 1253. The parties proposed expert evidence within the period of offer of proof as follows:

I. Point out with precision science, art, technology, trade or industry on which the evidence is required, the points which will deal with and issues to be resolved in the expert and professional license, technical, artistic or industrial expert who proposes, name and address of the latter with the corresponding ratio test that the disputed facts;

II. If any of the above requirements, the judge will dismiss outright the race in question;

III. Should be properly offered, the judge will admit, being forced parties to their experts, within three days, submit in writing to accept the office conferred and protest his faithful and lawful performance and must attach the original or certified copy of professional certificate and documents proving their quality expert in art, technical, trade or industry for which they are called up stating under oath that the points which known and details for the expert, well as having the capacity to deliver an opinion on the matter, being obliged to give his opinion within ten days of the date they submitted the written acceptance and protest by experts, unless there is in cars cause enough for the one who had changed the date of commencement of the period originally granted. No display of such documentation of its quality, not submitted to the expert shall accept the charge, with the appropriate sanction for the parties without requiring the ratification of such judicial opinions in the presence;

IV. In the case of executive proceedings, special or any other type of dispute specifically unique process, the parties are required to comply within three days after they are provided by designated with such experts, as mandated in paragraph above, being obliged experts in these cases, to render its opinion within five days from the date they accepted the charge and protested the same except that which is established in the previous section;

V. When the experts of the parties hold their opinions, and these results substantially conflicting expert be appointed to umpire taking into account mandated by Article 1255 of this code;

VI. The lack of the submission of the expert appointed by the supplier of the test, where acceptance and protest the charge, give rise to the desert that has the expertise. If the counter fails to appoint an expert, or expert appointed by it, does not submit the letter of acceptance and protest the charge, will result in you having to it by conforming to the expert opinion rendered by the expert of the offeror. In the event that the expert appointed by a party that has accepted and protested the office conferred, does not present his expert opinion on the term granted, it is understood that such party agrees to surrender by the expert from the opposite and expert unburdened herself to that opinion. If the experts of both parties, an opinion not held within the period allowed, the judge appointed in default of both a single expert, who will render its opinion within the period prescribed in sections III and IV, as appropriate.

In the cases referred to above, the judge omitted the experts sanctioned by a fine of up to three thousand dollars. This amount shall be updated annually, according to the update factor is obtained by dividing the National Index of Consumer Prices in November of the year is estimated at the National Index of Consumer Prices in November of the previous year determined by the Bank of Mexico, and his absence will apply to replace him.

VII. The parties are obliged to pay the fees of the experts who have been appointed and to present them as often as necessary to the court. Shall also be required to present expert opinion within the prescribed period, and no show we have not given the ruling;

VIII. The parties may agree at any time in appointing a single expert to render an opinion which shall be secured and

IX. Also any time the parties may express their agreement with the expert opinion of the opposite and make comments on it, to be considered in the assessment made by the judge in his ruling.

Section 1254 .- The judge, before admitting the expert evidence to the contrary view will be for a period of three days to manifest the relevance of such evidence and to propose the expansion of other points and issues raised by addition of the offeror, experts to dictate, and to designate an expert on their part, must appoint the same science, art, technology, trade or industry in which the offeror has offered, as well as professional certificate, or if the documents to justify their scientific, artistic, technical, and so on. requirement without which he shall appoint, with the sanction referred to in Section VI of the preceding article.

Article 1255.- When contradictory opinions given substantial results so that the judge considers that no conclusions can be found 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 his faithful and performance, must attach a copy of your professional license or documents relating to his as an expert in art, technical, trade or industry to which he refers, stating, under oath, which has the capacity to deliver an opinion on the matter, likewise indicate the amount of their fees under the terms of the relevant local law or , failing that, the determined, they must be approved by the judge, be paid by both parties in equal proportion.

The expert umpire shall render its expertise in precisely the evidentiary hearing or the date on which the circumstances of the case said the judge and his failure will result in the court to impose a financial penalty and in favor of the parties, the amount of an amount equal to that quoted for his services to accept and protest the charge. In the same act, provided the court shall issue execution against such expert umpire, and it is also known to the full court, and association, professional college or institution that have been proposed and requested the judge to corresponding effects.

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

Article 1256.- The expert appointed by the judge can be challenged within five days after the day on which the notification becomes effective acceptance and protest by such expert by the litigants. Reason for objecting are as follows:

I. Being the expert relative by consanguinity or affinity within the fourth degree, one of the parties, their agents, lawyers, or judge authorized or secretaries, or have civil relationship with any such person;

II. Have issued an opinion on the same subject, unless it has been sent to replace the expert;

III. Having served as an expert witness to one of the litigants, except in the case of being third wheel, or be dependent partner, tenant, or do business of any kind with any of the persons listed in the first fraction;

IV. Have direct or indirect interest in litigation or other such trial, or participation in society, or undertaking any of the persons listed in the first fraction, and

V. Having a close friendship or enmity with any of the parties, their representatives, attorneys or anyone else close family relationship to them.

Proposal's recusal, the judge shall order is made known to the expert objected to the expert in the act of notification if it understands it, expresses the reporter whether or not from the cause in which it is based.

If recognized as true, the judge shall be disqualified without further proceedings in the same car and appoint another expert. If he can not be challenged at the time of notice, must appear at the end of three days, to show under oath, whether or not from the cause that blends the challenge.

If he admits to be coming at the hearing or presented in the period mentioned, the court without rebellion, profession, shall be disqualified in the same car and appoint another expert.

When the expert denies the reason for objection, the judge sent the parties who appear before him on the day and time point, with relevant evidence. The parties and the expert may only present evidence at the hearing for the purpose cited by the judge.

The challenging party did not appear at the hearing, will have been withdrawn for the challenge. In case of absence of the expert will be disqualified and shall appoint another.

If you go all the parties, the judge shall be invited to agree on the merits of the challenge, and if the appointment of the expert who replace the disqualified.

If you do not agree, the judge allowed evidence to be venting from the same act, joining the cars and immediately resolved the documents it deems appropriate.

In the case of statements by the challenge, the judge in the same resolution, will the appointment of another expert if the parties fail to jointly appoint.

When you declare a reason for objection founded which has opposed the expert, the court in the same resolution will condemn the challenged payable within a period of three days, a fine equal to ten percent of the amount of the fees has authorized and the amount will be given to the challenging party.

Also recorded the facts to the Public Prosecutor for investigation of false statements and any other criminal court, plus provide a copy of the resolution to the full court, to apply the corresponding sanctions.

There will be no appeal against decisions handed down in the process or the decision on the challenge.

If it rejected the challenge, the challenger shall be imposed a fine up to the equivalent to one hundred twenty days of general minimum wage in the Federal District, which apply in favor of the litigant.

Article 1257.- Judges may appoint experts from among those authorized as assistants for the administration of justice by the respective local authority, or to request that the expert is nominated by schools, associations or bars of professional, artistic, technical or scientific or higher education institutions public or private, or chambers of industry, trade, or confederations of chambers corresponding to the object of expertise.

When the judge asked the expert to be appointed by any of the colleges that ultimately will prevent the same as the nomination of the expert proposed, takes place in a period not exceeding five days, from receipt of the notification or order issued by the judge.

In all cases where only expert concerned about the value of any class of property and rights, these assessments will be made by two runners who practice or public lending institutions, appointed by each party, and if differences in the amounts that yield valuations, not exceeding thirty per cent compared with the higher amount, it will mediate these differences. Be greater this difference, an expert be appointed umpire in accordance with Article 1255 of the code, in this regard.

In the event that either party does not exhibit the appraisal referred to above, the value of the assets and rights of the appraisal will be present for the part that displays, losing his right to contest the opposite.

When the judge deems it necessary, designate a public broker, lender, the Nacional Monte de Piedad or public agencies or entities that practice appraisals.

In all cases that the court appoint experts, these fees will be covered in half by both sides, and one that does not pay what is due will be pressed by resolution containing execution and attachment to their property. In the event that either party does not fulfill its procedural burden of paying fees to the expert appointed by the judge, that party will lose any right breached to challenge the expert opinion is issued by that party.

Article 1258.- The parties shall have the right to question or experts who have given their opinions, except in cases of assessments referred to Article 1257, and the judge to order his appearance at the hearing that to this end point, which be questioned by him who has requested the litigant or all of their requests.

CHAPTER XVI

Recognition and Judicial Inspection

Article 1259.- Judicial recognition or inspection may be done to request or ex officio if the judge deems necessary.

The recognition will be performed on the day, time and location are indicated.

The parties, their representatives or attorneys can attend the inspection and make any comments they may have.

They may also attend these witnesses identity or experts may be necessary.

Article 1260.- The recognition will rise a record to be signed by all who attend to him, and which will settle exactly the points that have provoked comments from stakeholders, experts' statements, if any, and all The judge deemed convenient to clarify the truth.

CHAPTER XVII

Test Testimonial

Article 1261.- Anyone who has knowledge of the facts that the parties must prove they are obliged to testify.

Article 1262.- The parties will be required to present their own witnesses to the effect of which will be given the certificates of notification. However, when we were actually unable to do so, thus manifest under oath and ask that they cite. The judge ordered the arrest subpoena up to thirty-six hours or a fine of up to fifteen days of general daily minimum wage in force in the Federal District, which applies to a witness fails to appear without good cause, or refuses to testify.

Section 1263 .- For the examination of witnesses was not submitted written interrogatories. The questions will be made verbally and directly by the parties, will report directly to the points at issue and will not be contrary to law or morality. Should be designed in a clear and accurate, ensuring that no one understands more than a fact. The judge has to ensure that these conditions are met preventing the opposite questions. Against the rejection of questions can only be an appeal in the devolution effect of processing together with the final decision.

Article 1264.- Protest and examination of witnesses will be in the presence of the parties concur. Ask the proponent of the test and then the other litigants.

Article 1265.- After taking the witness the protest of behaving truthfully and to warn of the penalties incurred by false witnesses, shall include the name, age, marital status, address and occupation, if related by blood or affinity and that degree, one of the litigants, if dependent or employee to submit it, or society owes him or some other relationship of interest, if you have direct or indirect interest in the lawsuit, if a close friend or enemy of any of the litigants. Then it will examine.

Article 1266.- On the facts established by judicial confession can not be admitted which give evidence of witnesses.

Article 1267.- People older than seventy years and the sick, the judge may, according to circumstances, to receive the statement in their homes.

Article 1268.- The President, the Secretaries of State, the holders of decentralized public agencies or majority state-owned companies, the Governor of the Bank of Mexico, senators, deputies, magistrates, judges, generals in command, the first political authorities Federal District are not required to testify at the request of the parties on the issue of who know or have known by virtue of their functions. Only when the court deems necessary for the investigation of truth, may be called to testify. Here and elsewhere, his statement was prompted by trade, and in this way will surrender.

Article 1269.- When the witness resides outside the territorial jurisdiction of the court hearing the trial, should the petitioner, by providing evidence, present their respective interviews with copies to other parties, that within three days of interrogation may submit their cross-examination. To examine these witnesses, deliver urge that sealed bids will be included in the questions and cross-examination.

When requested by the outpouring of testimony or statement part to take effect in a foreign proceeding, filers may be interrogated directly verbal terms provided in this Code.

This will need to prove to the court of relief that the facts of interrogation are related to the pending proceedings and any request of a party or the authority issuing the letters.

Article 1270.- The parties may attend the act of questioning of witnesses, but may not interrupt or make other questions or cross-examination as those stated in the respective interviews. Only when the witness fails to reply to some point, or is guilty of contradiction or ambiguity is expressed, the parties may call the judge's attention to it, if it thinks fit, require the witness appropriate clarifications.

Article 1271.- Witnesses shall be examined separately and successively, without one can witness the statements of others. To this end, the judge will set a day for the submission of witnesses prepared to testify as to the same interrogation and designate where they should remain until the conclusion of the proceeding. When it is not possible to complete the examination of witnesses on one day, the coach will be suspended to continue it the next.

The party offering the proof to decide, to his detriment if the testimony is divided, allowing it to examine a witness with no one appeared that is related to the examinee.

Article 1272.- The judge, to examine witnesses, can make the questions as it deems fit, provided they are related to the facts contained in interrogations.

When the witness fails to reply to some point or is guilty of contradiction or ambiguity is expressed, the parties may call the attention of the judge to, if it thinks fit, require the witness appropriate clarifications.

The court shall have the broadest power to make witnesses and the parties questions it deems appropriate to investigate the truth about the controversial points.

If the witness does not know the language, render his statement through an interpreter who shall be appointed by the judge. If the witness so requests, in addition to Castilian settle his statement, can be written in their own language by him or by the interpreter.

The answers of the witness shall be recorded in cars so that at the same time understand the meaning or terms of the question. Except in exceptional cases, according to the judge, which will be written verbatim question and then answer.

Witnesses are required to give the reason for this and the judge shall require in any case.

Article 1273.- On the facts that have been subject to interrogation, can not appear in any other instance of the trial.

CHAPTER XVIII

Public Of Fame

Article 1274.- For the public fame to be admitted as evidence, should have the following conditions:

I. - It refers to time before the beginning of the litigation;

II .- Have origin of certain persons who are or have been known, honest, reliable, and has not had nor have any interest in the business in question;

III .- That is uniform, consistent and accepted by the general population where the incident happened is concerned.

IV .- Which have no foundation or popular religious concerns, or exaggerations of political parties, but a rational tradition or some facts, albeit indirectly, the check.

Article 1275.- The public reputation must be proven with three or more witnesses who are not only larger than any exception, but for his age, his intelligence and its independent status, deserve truly reliable man.

Article 1276.- The witnesses must not only declare people refer to those who heard the incident, but also probable cause to rest the belief of society.

CHAPTER XIX

Of Presumptions

Article 1277.- Presumption is the consequence that the law or the judge deducted from a known fact, to find out the truth of another unknown: the first is called legal and the second man.

Article 1278.- There are legal presumption:

I. - When the law expressly provides.

II .- When the result comes immediately and directly from the law.

Article 1279.- There is a presumption of a human when duly proven fact that it follows another ordinary consequence of that.

Article 1280.- Whoever has in his favor a legal presumption, is only required to prove the fact that underlying the presumption.

Article 1281.- Not supported evidence against the legal presumption:

I. When the law expressly forbids it;

II. When the effect of nullifying the presumption of an act or deny an action, except in cases where the law has reserved the right to prove.

Article 1282.- Against other legal presumptions and against human evidence is admissible.

Article 1283.- The assumptions used to test non-human acts that, according to the law, must be included in a special way.

Article 1284.- The presumption must be serious, that is worthy of being accepted by people of good sense. It should also be accurate, that is, the proven fact that it melts, is a party or antecedent or consequence of the to be tested.

Article 1285.- When there are several assumptions to be tested with an event, to be also consistent, that is, should not be altered or destroyed by each other, and have such a link between themselves and with the proven fact, which can only considered as antecedents or consequences of it.

Article 1286.- If there are several facts relied upon a presumption, in addition to the qualifications indicated in art. 1284, must be linked so that even if they bear different signs, all tend to prove the fact in question, which therefore can not but be a cause or effect of them.

CHAPTER XX

Value Tests

Article 1287.- The judicial confession made full proof when she fulfilled in the following circumstances:

I. Made by a person who is able to bind;

II. That it be made knowingly and without coercion or violence;

III. That is in fact own the business concerned;

IV. That has been done according to the requirements of ch. XIII.

Article 1288.- When the judicial confession made full proof and affects all the demand, cease the regular trial, if the petitioner so desires so, and proceed in the way of enforcement.

Article 1289.- To be considered fully proven the facts that deal with positions that have been given by court acquitted in the affirmative, is required;

I. That person is able to bind;

II. The facts are theirs and concerning litigation;

III. That statement is legal.

Article 1290.- The declared confessed may give evidence to the contrary.

Article 1291.- The trial court confessions will be complete if the incompetent judge before whom he was reputedly responsible for the two parties to the act of confession.

Article 1292.- Public instruments full proof, even if presented without citation of the litigant, except the right to reprove this falsehood and to ask for their comparison with the protocols and files. In case of disagreement with the protocol or file, the instruments do not have probative value to the extent that it exists dissent.

Article 1293.- Public instruments are not damaged as to be valid by the exceptions alleging that the action to destroy them melt.

Article 1294.- Proceedings will be full proof.

Article 1295.- To graduate the probative value of the books of the merchants, will observe the following rules:

I. The books of traders attempted against them, without regard to fault, but the adversary can not accept entries that are favorable and dispose of him harm, but, having accepted this piece of evidence will be subject to the result that yield as a whole, taking into equal consideration all entries relating to the matter in dispute;

II. If the entries in the books brought by two merchants there is no compliance, and the one they have carried all the formalities specified in this Code, and the other adolecieren any defect or is neither the requirements of this Code, seats books on faith will rule against the bad, unless otherwise shown by other admissible evidence in law;

III. If a merchant does not submit his books and not having them manifest, he will testify against his opponent, carried with all legal formalities, not to show the lack of these books come from force majeure, unless the evidence provided against seats exhibited by other means allowable in court;

IV. If the books of the merchants had all the legal requirements and were inconsistent, the judge or court judge for the other proofs, describing them as the general rules of law;

V. (Repealed).

Article 1296.- Private documents and correspondence from one of the parties presented at trial by way of evidence and not disputed by the other party are deemed to be admitted and shall have effect as if they had been expressly recognized. May be required if the explicit recognition that has so requested, to this end will manifest the originals who must recognize them and let them see the whole document, not just the signature.

Article 1297.- Documents found by simple witness will be the value they deserve their testimony received pursuant to the provisions of ch. XVII.

Article 1298.- The paper presents a litigant, fully tested against, in all its parts, although the litigant not recognize it.

Section 1298-A.- Recognized as test data messages. To assess the probative value of such messages shall be deemed primarily the reliability of the method that has been generated, stored, communicated or preserved.

Article 1299.- Recognition or judicial inspection will be tested when it is practiced full of objects that do not require special knowledge or science.

Article 1300.- The appraisals will be full proof.

Article 1301.- The faith of the other expert opinion, including the collation of letters, will be qualified by the judge under the circumstances.

Article 1302.- The value of testimony is left to the judge, who can never be considered as proven the facts on which it has dealt with, when there is at least two witnesses who fulfill the following conditions:

I. That are greater than any exception;

II. That are uniform, that is, they agree not only in substance but in the act that relate accidents, or even if they do not agree, if not change the essence of the event;

III. Declaring certain knowledge, that is, they have heard pronounce the words, witnessing the act or seen the material facts on which lay down;

IV. Founded to give account of their said.

Article 1303.- To evaluate the depositions of witnesses, the judge will consider the following circumstances:

I. Not declared from the faults that may have been asserted or that the judge officially comes to be determined;

II. Because of their age, their ability and training, have the necessary criterion for judging the act;

III. Through her integrity, the independence of his position and his personal background, please complete impartiality;

IV. The act in question is capable of being known through the senses, and that the witness knows it himself and not by inducements or references to other persons;

V. That statement is clear and precise, without doubt or hesitation, and on the substance of fact, on the essential circumstances;

VI. That the witness has not been compelled by force or fear, or driven by deception, error or bribery. The judicial compulsion should not be estimated as force or intimidation.

Article 1304.- One witness makes complete proof, when both personally and as adults, agree to go through his statement.

Article 1305.- Legal presumptions referred to in the art. 1281, full proof.

Article 1306.- The judges, according to the nature of the facts, test them, the natural link more or less necessary between the known truth, and sought, and applying more or less accurate than might be made of the principles enshrined in Arts. 1283 to 1286, in justice appreciate the value of human assumptions.

CHAPTER XXI

From Scratch

Article 1307.- Within three days following the declaration of witnesses, the parties may cross-examine witnesses for reasons they have not expressed in their statements.

Article 1308.- After these three days, there shall be no application on strikeouts.

Article 1309.- (Repealed).

Article 1310.- When the witness hath both parties the same relationship, or carries out business or trades or having direct or indirect interest in the litigation for the two parties will not be tachable.

Article 1311.- Tachable the witness is not presented by both parties.

Article 1312.- The judge never officially repel the witness. It will always be considered and the faults that may be invoked will be scored in the statement. When the studs appear in witness statements or other records of the proceedings, the judge will this qualification but are not opposed to the witness strikeouts.

Article 1313.- It is permissible to cross out the testimony of witnesses who have testified in the incident strikeouts.

Article 1314.- The request for strikeouts will take the form of incident and the terms for processing.

Article 1315.- In tests of strikeouts rules shall be observed that in common.

Article 1316.- Once the term given to test the faults, the evidence they will snap to the car without stakeholder management.

Article 1317.- The studs should be contracted only to those witnesses, the vices which are within the statements or in the form of declarations, the allegation will be good test.

Article 1318.- In the same period as those established in Article 1307, may claim the falsity of the documents, observing the provisions relating to the incidents.

Article 1319.- If documents are submitted after the end of offer of proof in cases where the law permits, or are supervenient, the judge will view them at the party for asserting their rights.

Article 1320.- The rating of the faults will be in the final sentence.

CHAPTER XXII

Of Sentences

Article 1321.- The rulings are final or interlocutory.

Article 1322.- Judgement is ultimately decides that the core business.

Article 1323.- Interlocutory Judgement is the deciding one incident, an article on preliminary objections or competition.

Article 1324.- Every sentence must be founded on law, and if neither the natural sense, or the spirit of it, you can decide the dispute shall address the general principles of law, taking into consideration all the circumstances.

Article 1325.- The sentence must be clear, and establishing the right to absolve or condemn.

Article 1326.- When the actor proves his action, the defendant will be acquitted.

Article 1327.- The statement will deal exclusively with actions learned and of the objections respectively in demand and response.

Article 1328.- They may not, under any circumstances, judges and courts, defer, delay, ignore or deny the resolution of the issues have been discussed in the lawsuit.

Article 1329.- Once they are several points of disagreement, will be duly separated the statement for each.

Rule 1330.- When there is condemnation of fruits, interest, damages, fix its amount in net amount, or at least establish the basis under which it must be the liquidation, they are not the main purpose of the trial.

CHAPTER XXIII

Clarification Of Judgement

Article 1331.- The petition for clarification of statement only comes for the final.

Article 1332.- The judge, clauses or words to clarify the contradictory, ambiguous or obscure sentence, can not change the substance of it.

Article 1333.- The appeal for clarification of sentence, interrupted the period indicated for the appeal.

CHAPTER XXIV

Revocation and Replacement

Article 1334.- Cars that are not in the decree appealed and may be revoked by the judge who issued them or replace it in the knowledge of the business.

Of decrees and orders of the higher courts, even those who taught in the first instance would be appealable, can be ordered replacement.

Article 1335.- Both the revocation in the first instance as the replacement must be requested in writing within three days after which the lease provided the notice of purpose to challenge, giving sight to the contrary for an equal and the court must send notice to resolve and its determination within three days.

The order in which they decide whether or not to grant the revocation or replacement will be no appeal.

CHAPTER XXV

The Appeal

Section 1336 .- Appeal is called the resource that gets to the high court confirm, amend or revoke lower resolutions may be challenged by the appeal, on the terms specified in the following articles.

Section 1337 .- May appeal a sentence:

I. The trial condemned the ruling, if it believed to have received some wrong;

II. The winner, although obtained in the litigation, has seen the return of fruit, compensation for damages, or pay the costs, and

III. The party defeated may join the appeal to the admission of it receiving notice, or within three days of such notification. In this case adherence to the resource follows the fate of this and

IV. The third legitimate interest, as long as you harm the resolution.

Section 1338 .- The appeal is admissible in effect and the suspension of devolution, or only in the first it may be of immediate processing or in conjunction with the final, as appropriate.

Article 1339. Be appealed only the resolutions issued during the proceedings and sentences that fall in business value exceeding two hundred thousand pesos for of principal, without being taken into account interest and other accessories claimed from the date of the demand, that amount must be updated in the terms provided in the last paragraph of Section VI of Article 1253.

Statements that may be actionable under the preceding paragraph shall be for the appeal is allowed in both, except where the law expressly determined that they are only in the devolution.

Cars will only be appealable, interlocutory or resolutions to decide an incident or when provided by this code, and the final decision may be subject to appeal pursuant to the provisions of the first paragraph of this article.

The appeal against orders, interlocutory or rulings handed down in the processing of the procedure is allowed in the devolution effect joint processing with the appeal of the final decision without it being necessary in such a written expression of grievance, filed this Appeal reserved its process to be carried out where appropriate in conjunction with the processing of the appeal is made against the final decision by the same appellant.

The appeal to proceed against cars, interlocutory or resolutions devolutive suspensory or special provision is required by law.

The appeal must be filed with the court which pronounced the order, interlocutory or resolution at the latest within nine days after the date on which the notification becomes effective in the case of a definitive sentence, six if it be against self, interlocutory or resolution , ruling on whether it is immediate processing appeals and within three days in the case of appeal processing together with the final decision.

The grievances to be expressed against the order, interlocutory or resolution, in the case of appeals immediate processing or final decision shall be expressed to the appeal filed. The grievances that his case be expressed against resolutions of processing together with the final decision will be expressed in the form and terms provided in Article 1344 of the Code.

Article 1339 Bis .- The issues will always be undetermined amount of appeal.

Article 1340. The appeal does not apply in commercial trials when its amount was aired in the magistrates courts and small claims, or when the amount is less than two hundred thousand pesos for of principal and must be updated annually, according to the factor update is obtained by dividing the National Index of Consumer Prices in November of the year is calculated between the National Index of Consumer Prices in November of the preceding year as determined by the Bank of Mexico, and in his absence shall apply to replace him.

The Federal Judiciary Council, the presidents of the Superior Courts of Justice, the Federal District and States are obliged to make known to the courts of their jurisdiction, the update factor referred to in the preceding paragraph .

Article 1341.- Interlocutory orders are appealable, if it were the final determinations under the preceding article. Under the same condition, are appealable orders if they cause a lien can not be fixed in the short, or if the law expressly provides for this.

Section 1342 .- The appeals are allowed or denied outright, and is conducted with a single letter of each party, according to article 1344 of the Code.

Article 1343.- The second instance decision be final when the same can not be appealed by any other means ordinary or extraordinary challenge, whatever the interest that the dispute be seen.

CHAPTER XXVI

Processing of the Appeal

Article 1344. In cases not provided for in Article 1345, the party who feels aggrieved by a court decision is appealable within the third day following that on which the notification takes effect, you must know in writing their disagreement without expressing it appealing preventive grievances, not to submit a statement of disagreement referred to in this paragraph, shall preclude the right to enforce it affected as a grievance in the appeal filed against the final decision.

Within nine days referred to in Article 1079, the appellant, whether victor or vanquished, must also assert a separate written grievances that caused him to consider the determinations that fought in the appeals admitted handling devolutive pending trial and which was reserved for it in conjunction with the final decision for the court hearing the appeal against the latter can be considered the result of what was ordered in the decision at the appeal trial.

If it comes up or the party that did not get everything they wanted, regardless of the grievances expressed in the appeal of processing together with the final decision must express grievances against the ruling resolved the Judgement how the merits would go beyond compensation for the violation to be addressed.

In the case of the party got everything they wanted, even if it is not necessary to appeal against the final decision must express grievances against the resolutions that were the subject of the appeal trial of processing together with the final decision , showing how the merits transcend compensation for the violation to remedy, in order that the appellate court proceeded to study.

In such cases will be the opposite view that at the end of six days answer grievances.

The appellate court will consider primarily the procedural violations that had been asserted in the trial and appeals process to find violations that are transcendent to the bottom of Judgement, and only those that need to be repaired by the judge, will ineffectual the final decision, returning the original record the trial court may proceed to replace the procedure and issue a new sentence.

If not from the grievances of appeals processing together with the final decision or not having been expressed, or resulting founded is not necessary that the procedural violation is repaired by the original court, the court shall consider and resolve the source, or of the grievances expressed against the final, resolving the appeal with full jurisdiction.

Section 1345 .- In addition to the cases specified by law, in the manner and terms set forth in this Chapter shall be processed immediately appeals that are filed:

I. Against the order denying the admission of the claim, or the means preparatory to trial;

II. Against the order that the counterclaim admits proceedings in the case of regular trials;

III. The decisions by their nature end the trial;

IV. The decision falls to protective orders, provided according to any business interest on appeal, the processing will be the devolution effect.

V. Against the order that dismisses the motion for dismissal of actions for defects in the site and against the decision handed down in the incident;

VI. Against decisions to resolve process exceptions;

VII. Against the order which has answered the complaint or counterclaim, as well as to make the declaration of default in both cases;

VIII. Against decisions to suspend the procedure;

IX. Against decisions or orders being appealed to in deciding on execution;

X. The resolution issued by the court as provided in Article 1148 of the Code.

Article 1345 bis .- In the cases provided for in this Chapter, the appeal must be filed with the court that gave the contested decision in the form and terms provided for therein.

Article 1345 bis 1 .- The trial by filing an appeal of immediate processing, expressed grievances consider the contested decision would cause, except those specifically established by law a different process.

The immediate processing appeals lodged against an interlocutory order or shall be asserted within six days and brought against final decision within nine days, counting from the day following the date they take effect the notification of such decisions.

2 .- Article 1345 bis Filed an appeal, if appropriate, the judge admitted without substantiation, provided they trying to appeal for immediate processing, the document has been asserted respective grievances, expressing in his car if it is supported in both effects or one .

The judge in the same car admisorio order to form the testimony of appeal on all records held by the dossier tramitare before him, in the case of the first appeal is asserted by the parties. In the case of second or subsequent appeals, only the testimony of appeal form with the records missing from the last admission and subsequent to the appeal concerned.

Similarly, having been filed the appeal, will view with the same to the appellee, that at the end of three days to answer the grievances in the case of an interlocutory order or ruling, and six days in the case final judgment.

Article 1345 bis 3 .- After the periods mentioned in the preceding article, without rebellion and have been answered or not tort, shall be sent to top the original writings of the appellant and if the appellee and other records not listed above, or the original proceedings in the case of appeal against the final decision, or to be admitted in both effects. The testimony of appeal is formed by the judge referred to the superiority should be aware of it, within a period of five days counted from the date on which precluded the completion of the appellees to answer grievances, or if the car in which they were unanswered.

The court received the testimony will be a single touch or notebook, where they will be processing all appeals that are filed in the trial in question, which should keep the local court until the end of the business. Once the matter shall be destroyed, keeping only autograph copies of decisions rendered.

Article 1345 bis 4 .- The court, upon receiving the records refer the lower check if the appeal was filed on time and well supported, and will qualify if it is confirmed whether or not the extent to which admitted for the bottom. Of finding consistent with the law and it shall summon the parties and in the same car for sentencing, which act and report within the terms of this Code.

In the case concerned the final decision and the appeal to proceed in the returned effect, he will be in court a certified copy of it and other records that the judge deems necessary to implement it, referring of course the original record to the appropriate court .

The appeal suspends admission to both effects of course the execution of the sentence until the cause of execution. Where proceedings against an interlocutory order or its content prevents the proceedings and the appeal is admitted to both, will suspend the processing of the trial.

Article 1345 bis 5 .- Be supported in a single effect of appeals in cases who is not expressly admitted prevented both effects.

Article 1345 bis 6 .- Once you confirm your acceptance and rating the degree to which the appeal has been admitted by the judge, the court shall summon the parties in the same car to hear sentence. In the case of appeals does not have to solve together with the intermediate appeals to be heard and determined along with it, or in the case of intermediate and final appeals to be processed and resolved jointly, not exceeding six in number, the court will have a maximum of twenty days to develop the project. If the number of appeals that we have to solve together exceed six, the sentencing term was extended to ten days, and if they have to examine records and / or large documents.

Article 1345 bis 7. In the case of the appellant fails to express grievances, to bring the appeal of immediate processing before a judge without charge revolt, declare and be precluded his right to sign the resolution. If not lodged an appeal against the final decision, shall be consensual resolutions and cars that had been appealed during the procedure and that they are processing together with the definitive sentence, except as provided in paragraph four of Article 1344 of this Code.

(Repealed the second paragraph)

Article 1345 bis 8 .- Of the cars and interlocutory orders immediate processing of which results in a performance that may cause irreparable damage or difficult to repair and the appeal to proceed in the returned effect, both effects are allowed if the appellant requested to bring the resource, and indicates why it considers the damage is irreparable or difficult to repair.

Overlooking requested the judge must decide, and if supported by both effects indicate the amount of collateral that will showcase the appellant within a period of six days for the suspension takes effect.

The security must address the importance of the business and may not be less than six thousand dollars, and will be posted to the discretion of the judge, an amount that will be updated on an annualized basis to be effective as of January first of each year, according the National Index of Consumer Prices as determined by the Banco de Mexico, or the one replacing it. If the guarantee is not displayed within the prescribed period, the appeal is only allowed devolution effect.

Should the judge noted a guarantee that the appellant is deemed excessive, or the denial of the appeal, both effects, the remedy of revocation under the terms provided for in Chapter XXIV of this Code.

CHAPTER XXVII

Execution of Sentences

Article 1346.- You must run the sentencing judge who ruled in the first instance, or designated in the commitment in case of conventional method.

Article 1347.- When ordering the execution of sentence or agreement, if no property seized material, the embargo, observing the provisions in arts. 1397, 1400 and 1410 to 1413 of this Book.

Section 1347-A.- The judgments and decisions rendered abroad may have the force of execution if the following conditions:

I. - Have been met the requirements established by the treaties to which Mexico is a party relating to letters rogatory from abroad;

II .- Have not been issued upon exercise of a real action;

III .- The judge or trial court had jurisdiction to hear and judge the matter in accordance with generally recognized in international law that are consistent with those adopted by this Code. The foreign judge or trial court has no jurisdiction when there is, in legal acts bearing the resolution is intended to run, only a submission to the jurisdiction of Mexican courts;

IV .- The defendant has been summoned or subpoenaed personally to ensure the security impact of hearing and the exercise of their defenses;

V. - Having the force of res judicata in the country in which they were rendered, or that there is no ordinary appeal against it;

VI .- That the action that gave rise to non-trial matters pending between the same parties before the Mexican courts and the Court which prevented any Mexican or at least the letter rogatory to notice thereof had been processed and delivered to the Secretariat of Foreign Affairs or the state authorities where the site is to be effected. The same rule would apply when a final conviction;

VII .- The obligation which they have been is not contrary to public policy in Mexico and

VIII .- To meet the requirements to be considered authentic.

However compliance with the above conditions, the judge may deny the execution if it is proved that the country does not run foreign judgments or judicial decisions in similar cases.

Section 1348 .- If the sentence contains no liquid amount the party in whose favor ruled to promote the implementation will present its liquidation, which will be seen by three days of the guilty party and that has to be vented or not, the judge ruled in the same within what the law required. This decision may be appealed in the devolution effect of immediate processing.

CHAPTER XXVIII

Of Incident

Article 1349.- Incidents are matters that are promoted in a trial and immediate relationship with the core business, so those that do not qualify this relationship will be discarded outright.

Article 1350. Incidents shall be conducted by a separate rope, without suspending the processing of the main trial.

Article 1351.- The incidents, whatever their nature, are processed in the audience verbally or in writing, as provided in the following items.

Article 1352.- When the development of some audience gets in verbal form, an incident related to the acts occurred in the same, the court will view the opposite to that in the act of verbally expressing what serves his interests. Then the judge will resolve the merits of the issues raised. The parties may not use the word for fifteen minutes, both as the answer to bring these incidents. In this type of incident will not accept any proof that the documentary exhibits in the very act of bringing relief to the contrary and the instrumental performances and presumptional.

Article 1353.- Any other incidents other than those mentioned in the preceding article, shall be put into writing, and promoted the incident or the response given to it, must be proposed in such written tests, fixing the points on that deal with them. If from the evidence offered by the parties, accepted by the court, noting date for relief in undifferentiated audience to be held within a period of eight days, sending those preparing evidence so warrant.

Article 1354.- At the hearing incidental receive the evidence and thereupon the allegations which may be verbal citing appropriate interlocutory dictate which rule and notify the parties within eight days.

Article 1355.- When the parties do not provide evidence or propose not be supported, once responded to the incident or after the deadline for doing so, the judge shall summon the parties to hear the interlocutory appropriate, which shall decide and notify the parties within three days.

Section 1356.- The resolutions issued in the incidents may be appealed in devolution effect, except that paralyze or put an end to the trial making it impossible to continue, where permitted on suspensive effect.

Article 1357.- The provisions of this chapter shall apply to incidents arising in the executive proceedings and other special procedures that have no commercial process for the trials specifically noted in its class.

Article 1358.- In the criminal incidents that arise in civil affairs, observe the provisions of the Code of Criminal Procedure relevant.

CHAPTER XXIX

Accumulation Car

Article 1359.- The joinder may be ordered at the instance of a legitimate, except for cases in which, according to the law, should be done automatically.

Article 1360.- The accumulation may be requested at any stage of trial, before sentencing, except in the case of exceptions to be enforceable process to answer the complaint, or in the case of the actor under oath expresses not knowing, to apply cumulation have not known before the filing of its complaint, the cause of accumulation.

Article 1361.- The accumulation shall be conducted in the form of incident.

CHAPTER XXX

The third party

Article 1362.- In a trial followed by two or more people, a third party present to deduct a different action from that debate between those. This new trial is called the third opponent.

Article 1363.- The third party with are cooperating or exclusive. It is the third-party intervener who assists the applicant's claim or the defendant. The other is called exclusive.

Article 1364.- The third party with adjuvants may object at any trial, regardless of the action that it is exercised, and regardless of the state in which it is, provided it has not yet been pronounced sentence that would be enforceable.

Article 1365.- The intervening third party with produce no other effect than to associate with whoever stands with the party whose right contributes, so that the trial continue according to the state it is, and is conducted to the subsequent proceedings for the third and the litigant contributed, bearing in mind the provisions of article 1060.

Article 1366.- The action follows the third adjuvant should be judged with the main in the same sentence.

Article 1367.- The exclusive domain are third party with or preference: in the first case should be based on the domain on the property in question or action is brought claims that the third and second, at best it right to be deducted paid.

Article 1368.- The exclusive third party with not suspend the course of business in that stand, be ventilated by a separate rope, according to the following rules, listening to the plaintiff and the defendant in moving for three days each.

Article 1369.- When the run is consistent with the claim of the third opponent, only continue the trial of third party between him and the performer.

Article 1370.- The opponent shall base its opposition precisely on documentary evidence. Without this course and will be discarded without further processing.

Article 1371.- Evacuating the transfer referred to in the art. 1368, the judge will decide whether there is merit to estimate necessary third party, and if so, at the request of either party, will open a delay of fifteen days probation.

Article 1372.- Upon expiration of the period will test for three days of allegations common to the parties.

Article 1373.- If the third party regardless of dominion over property, the main trial that will stand their paperwork and holding the auction may only be suspended when the opposition exhibited sufficient title, according to the judge, stating his dominion over the property in question or his right in respect of the action is brought. Case of real estate, the auction will be suspended only if the third deed displayed or equivalent, registered in the relevant public.

Article 1374.- If the third party regardless of preference, follow the procedures on the main issue that stands up to the realization of assets seized, suspended payment, which will define the third party, the creditor who has better right. Meanwhile it is decided, it will deposit the sale price.

Article 1375.- Suffice bringing an exclusive third party, so that the performer can extend the implementation in other assets of the debtor, and if not held, to ask the bankruptcy.

Article 1376.- If the third party, whatever is brought before a magistrate or less, and her interest in excess of that Act respectively subject to the jurisdiction of these judges, he shall stand before whom the proceedings in the core business and third party, the judge designated by the third opponent and be competent to represent the business interest. The appointed judge will notify the verbal request and decide the mediation filed, subject to the substantiation to what is provided in the preceding articles.

Article 1376 Bis.- In any opponent not get a favorable ruling, he was sentenced to pay costs and expenses for the performer