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Recognition and enforcement procedure
What is the formal procedure for seeking recognition and enforcement of a foreign judgment?
Once the formal petition for enforcement of the judgment from a foreign court is received, the Mexican court will issue a procedural order initiating an ancillary proceeding for enforcement. In this procedural order, the court will summon the parties, claimant and defendant to appear before it in the next nine working days to file their arguments, defences and evidence (if they deem it necessary). If the evidence filed must be received in a hearing, the court will fix a date for a hearing in order to receive it. After the evidence is received, the court will either grant or reject the enforcement request.
What is the typical timeframe for the proceedings to grant recognition and enforcement?
The proceeding typically lasts four to six months in the first instance. However, the decision can be appealed and ultimately challenged through a specific constitutional proceeding known as amparo. The timeframe to resolve the matter, including the three instances, may be between 18 months and two years.
What fees apply to applications for recognition and enforcement of foreign judgments?
There are no court fees in Mexico. The only fees are those of the attorney representing the parties, which can be negotiated freely by each party.
Must the applicant for recognition and enforcement provide security for costs?
Are decisions on recognition and enforcement subject to appeal?
Yes, both types of possible decision (those that grant enforcement and those that deny it) are appealable. In addition, the appeal court decision may be challenged through an amparo proceeding.
How does the enforcing court address other costs issues arising in relation to the foreign judgment (eg, calculation of interest, exchange rates)?
In principle, a Mexican court may follow and apply the basis to liquidate the amounts included in the foreign judgment, specifically the interest rate established in it. Without a specific basis in the judgment, the Mexican courts should apply the legal interest established in statute, which is 6% for commercial matters and 9% for civil matters. The exchange rates are calculated based on the official exchange rate published daily in the Federal Official Gazette.
Enforcement against third parties
To what extent can the courts enforce a foreign judgment against third parties?
Since it is an indispensable requisite that the party against which the judgment is enforced has been heard, it is not possible for a Mexican court to enforce a foreign judgment against a third party which was not party in the original lawsuit.
Partial recognition and enforcement
Can the courts grant partial recognition and enforcement of foreign judgments?
Yes, a Mexican court may decide that only part of the judgment is subject to enforcement and grant it accordingly.
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