June 3, 2020

Mexico’s Federal Supreme Court of Justice, Federal Judiciary Council and the Federal Administrative Court of Justice Extend Suspensions of Court Proceedings

In the wake of the COVID-19 health emergency, on March 17, 2020 Mexico’s Federal Supreme Court of Justice (“SCJN”) published General Decree 3/2020 to suspend all jurisdictional activities of the SCJN from March 18 through April 19, 2020, declaring such as non-business days. By means of Decrees 6/2020 and 7/2020 respectively, they extended the suspension through May 31, 2020, and then again through June 30, 2020.

Pursuant to General Decree 10/2020 dated May 26, 2020, the Chief Justice, or in such case, the acting Justices, will preside over the plenary session of the SCJN to hear urgent constitutional matters within their purview and which have been requested to be suspended. As such, initial pleadings may be filed electronically using the FIREL (digital signature) or the e.firma (formerly FIEL) systems, creating electronic files and allowing for digital notifications.

The Federal Judiciary Council approved an extension of the work schedule implemented by the courts through remote operations, extending the period of the health emergency through June 15, 2020. Additionally, the recess taken during the second half of July will be implemented gradually so that the Federal Judiciary Council can continue to work on upcoming cases.

The Federal Administrative Court of Justice (“TFJA”) through Decrees SS/10/2020, SS/11/2020, SS/12/2020, and SS/13/2020, also suspended all jurisdictional activities from March 18 through May 29, 2020. The TFJA then further extended the suspension through June 15, 2020, declaring July 15, 2020 to July 31, 2020 as business days and providing that the TFJA will continue to work remotely and establish hours, days and terms to give notice by means of the jurisdictional gazette or at the courthouse.

Accordingly, the suspension of terms and deadlines was lifted as of  June 1, 2020 for cases filed in the Specialized Board for online Trials through the Online Trial Justice System, but only if: the initial pleading was filed prior to March 18, 2020; the defendant authority is operating normally, and there are no other legal issues impeding the trial process. Finally, a protocol was implemented to specify how the TFJA will continue to operate beginning June 15, 2020, in light of the epidemiological risk caused by COVID-19.

Contact information:

René Cacheaux | rcacheaux@ccn-law.com
Miriam Name | mname@ccn-law.com
Esteban Gómez Aguado | egomez@ccn-law.com.mx