Issue 115–August 2013

August 11, 2013

Recent Jurisprudence – Service of Citation in a Labor Lawsuit (More than One Defendant)

By Adrián Salgado

Recently, the Second Chamber of the Supreme Court of Justice of the Nation (SCJN) approved legal opinion Number 2a./J.98/2013 (10a) titled “Service of Citation in a Labor Lawsuit. The procedure to be followed by the Labor Board when more than one defendant is named and one or more of them was not able to be served with citation.” In such opinion, the Second Chamber of the SCJN finds that when it is not possible to serve all of the defendants in the initial complaint because their domicile was not provided or the one provided was incorrect, if there is no express provision that indicates how to proceed in such case, the Labor Board, in the conciliation hearing, must establish, by … read more

August 11, 2013

Opening of the New Framework for Certified Companies in the Textile Sector

By Iker Dieguez

On July 8, 2013, the Department of Treasury (Secretaría de Hacienda y Crédito Público orSHCP) published in the Official Journal of the Federation the “Fifth Resolution on Modifications to the General Rules on Foreign Trade Matters for 2012 and its exhibits, glossary of definitions and acronyms, 1, 4, 10, 13, 14, 21, 22, 25 and 29” Among other changes established by means of these resolutions, the incorporation of diverse reforms and additions to rule 3.8.1 of Title 3 – Clearance of Goods, Chapter 3.8 – Certified Companies, related to the procedure for registration of certified companies in the registry. The changes to the referenced rule 3.8.1 include the creation of a new Subsection v to Section L, as the first … read more

Agreement for the Implementation of the Electronic Signature and the Electronic Amparo Action (Amparo Electrónico) in México
By Jorge Sánchez-Cubillo and Armando Quintana

On July 8, 2013, the Official Journal of the Federation published the “General Joint Agreement number 1/2013 by the Supreme Court of Justice of the Nation, the Electoral Court of the Federal Judicial Branch, and the Federal Judiciary Board, relating to the Certified Electronic Signature of the Federal Judicial Branch (Firma Electrónica Certificada del Poder Judicial de la Federación) (“FIREL”) and the electronic file” (the “FIREL Agreement”). The FIREL Agreement, which became effective on July 9, 2013, establishes the technical basis for the implementation of the so called “Electronic Amparo Action,” with this being one of the most transcendent innovations of the new Amparo Action Law (Ley de Amparo) published on April 2, 2013. The Electronic Amparo Action (Amparo Electrónico) … read more