An amendment to the Commerce Law
published on January 27th 2011 on the Official
Journal of The Federation, created the Oral
Trial for Commercial Matters in order to
modernize and reduce trial time in Mexico.
The aforementioned reform will come into
effect as of January 2012.
For a commerce trial to be oral, it must fulfill
certain requirements, which are the following:
1) the claimed sum must be less than
$220,553.48 Mexican Pesos, without
considering the generated interest and 2) the
trial must not include executive documents such
as a promissory note.
The Oral Commerce Trial will develop in two
phases, the written phase and the oral phase.
The oral phase consists on various hearings that
follow this order: The Preliminary Hearing, The
Trial Hearing and The Lecture Hearing. In some
events Special Hearings may take place to deal
with matters related to the trail.
Regarding the evidence of the trial, confessions,
witnesses, experts’ opinions are allowed.
We believe that this kind of trial is leap forward
for the Mexican judiciary system because it will
reduce the duration of the trials significantly,
avoiding the current trial which takes as much
as 2 to 5 years to conclude.