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In brief

An initiative to amend article 17 of the Mexican Constitution, was presented in the senate on September 02, 2020, this initiative intends to add a paragraph on to regulate virtual justice with the use of information technologies, including the adoption of electronic signatures.

The purposes of this constitutional reform are the following:

  1. The obligation of all powers and jurisdictional authorities at both, local and federal levels, to progressively implement an online justice system.
  2. Establishment of virtual courts, through information and communication technologies.
  3. Set the basis to allow commencement and completion of all judicial proceedings electronically.
  4. The regulation for the creation of the judicial electronic records, after validating the electronic signature.
  5. Implementation of online trials will be optative for the parties, as in Mexico it is necessary to improve the internet accessibility for a large part of the population.

Contents

Key takeaways:

The paragraph that is intended to be added, establishes the following:

To help guaranteeing access to justice in an agile and timely manner, the Federal and the State’s Judiciary, Federal Court of Administrative Justice, Agrarian Courts, Electoral Courts, and the Federal and State’s Administrative Courts will progressively implement the online justice system, through the use of information and communication technologies in order to allow commencement and completion of the trials and all of their instances, virtually, under the terms set forth in the law.

Once the initiative was filed, it was handed over to the United Commissions of Constitutional Points and Legislative Studies, which are pending to issue their opinion.

According to the explanatory memorandum, the objective of this reform is to have a legal framework that guarantees access to virtual justice as in a face-to-face manner, as well as to guarantee the access to health and employment to all governed and public servers.

Author

<a href="https://www.bakermckenzie.com/en/people/c/cortezfernandez-alfonso"Alfonso Cortez is the managing partner in the Monterrey office since 1 July 2020, a member of the North America Litigation and Government Enforcement Steering Committee and the head of the Monterrey office’s Dispute Resolution Practice Group. He has more than 22 years of experience in his area of practice and is highly knowledgeable in a wide range of litigation matters. Alfonso is a member of the law faculty at the Universidad Cervantina and of the Phi Delta Phi international law fraternity.

Author

Javier Navarro-Velasco has been practicing law for more than 30 years. Managing Partner of the Guadalajara office, Mr. Navarro-Velasco has significant experience in national and international arbitration, bankruptcy, insolvency and reorganization proceedings, as well as in civil, commercial and criminal litigation. He has been acknowledged by Chambers & Partners Global and Chambers Latin America as one of the leading dispute resolution and litigation lawyers from 2009 to 2016 yearbooks. PLC Which Lawyer? ranks him among the recommended lawyers in his area of practice in its 2009 edition. Mr. Navarro-Velasco was recently awarded the prestigious Doctor Honoris Causa in Law title by the Universidad Cervantina for his academic, juridical and social work. Mr. Navarro-Velasco currently coordinates the Firm’s Dispute Resolution practice for Latin America. Mr. Navarro-Velasco currently coordinates the Firm’s Dispute Resolution practice for Mexico, and is the Former Coordinator of the Firm's Dispute Resolution & Arbitration practice in Latin America.

Author

David joined Baker McKenzie in 2001. He is currently a partner in the Dispute Resolution Practice Group in the Guadalajara office. His main areas of practice include civil, commercial, and administrative litigation (including amparo actions), as well as international procedural cooperation.