National Code of Civil and Family Procedures

• The National Code of Civil and Family Procedures (CNPCF) was published on June 7, 2023, in the Official Gazette of the Federation (DOF).
• It came into effect on June 8, 2023.
• The implementation deadline is April 1, 2027.

Significant Changes

• A division exists between civil and family matters.
• The CNPCF establishes general and specific rules for both.
• Civil and family trials must follow formalities from the presentation of the claim to the processing of the case.
• Orality is key in judicial processes.
• All petitions to judges must be verbal.
• Immediacy indicates the judge must be present at the hearing and anything done in their absence is null and void.
• Concentration seeks to reduce the number of sessions to the necessary minimum.
• Continuity indicates the hearing must proceed without interruptions, except for justified recesses.
• Requirements to bring an action include the existence of a right, a violation of that right or the need to declare it, and the legal capacity to bring the action.
• Types of actions include real, personal, and those concerning civil status.
• Three types of collective actions are recognized, including diffuse action to protect the rights of an indeterminate collectivity, collective action in the strict sense to protect specific groups, and homogeneous individual action to defend individual interests with collective impact.
• Objective judicial competence is determined by subject matter, grade, and territory.
• Subjective judicial competence refers to reasons preventing judges from hearing certain cases.
• An extension is only possible in matters of subject matter and territory.
• Family hearings are not public and cannot be disseminated.
• Judicial resolutions in oral hearings take immediate effect.
• Notifications can be delivered personally, by notice, instructive letter, edicts, certified mail, or digitally.

Special Provisions in Civil and Family Matters

• Civil Matters involve civil justice.

• Prejudicial acts include preparatory measures for trial, executive and arbitration proceedings, and precautionary measures.

• Non-contentious include voluntary jurisdiction, boundary demarcation (Art. 439), and designation of extraordinary support (Art. 445).

• Oral civil trials for ordinary civil cases (Art. 456) have 15 days to respond.

• The oral executive trial (Art. 470) has 9 days to respond.

• Special mortgage trials (Art. 506) have 15 days to respond.

• Special real estate lease trials (Art. 520) have 15 days to respond.

• Family Matters involve family justice.

• Open litigation is not limited to the claim and response and the judge can consider newly proven facts.

• Non-contentious proceedings include food consignment, appointment of guardians and curators, declaration of absence due to disappearance, and restitution of illegally transferred minors.

• Bilateral divorce can be processed before a judge, notary, or the Civil Registry. Proceeding before a notary or Civil Registry are only permitted if there are no minor children or jointly owned property.

• A Food Debtor Registry exists in each entity.

• Passports can be withheld, and bank accounts can be frozen for food debtors.

Restorative Justice

• A voluntary procedure involves parties seeking to resolve their conflict with the support of the authority.
• The trial can be suspended for up to three months to attempt conciliation, which excludes cases of sexual violence against minors.

Other Key Aspects

• "Hearsay Argument" eliminates the possibility of a party speaking with the judge without the presence of the opposing party.
• If a meeting is requested, a date and time must be set with both parties present.
• Expiration of Instance in the first Instance requires the process expires if there is no promotion of the process in 40 business days.
• Instance in the Second Instance means the previous ruling becomes final if there is no procedural impulse in 30 business days.
• Incidents are extinguished if there is no movement in 15 business days.
• Novelties in Claim and Response state the claim must include the name and contact information of the plaintiff and their representative and whether the promoter belongs to a vulnerable group.
• The response must categorically address each fact, and exceptions and defenses can only be alleged at this time.
• Exceptions to the Publicity of Trials state restrictions on hearings are possible in cases where a person's integrity is at risk, when confidential or secret information is involved, when the best interests of minors are affected, or in family law cases.