Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Enforcement of Foreign Judgments
3.
Recognition and enforcement process
3.1
Is recognition of a foreign judgment a separate process from enforcement and does it have separate legal effects?
Mexico

Answer ... Recognition and enforcement of a foreign judgment is carried out through the same process.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
3.2
What is the formal process for recognition and enforcement?
Mexico

Answer ...

  • A summary proceeding for recognition and execution of a foreign judgment is commenced by filing a writ before the court.
  • The court will serve a summons on the defendant and order the plaintiff and defendant to file defences and submit evidence.
  • Once the evidence has been filed and presented in a hearing, the court will issue a judgment.
  • If the judgment denies execution of the foreign judgment, it may be appealed and the proceeding will be stayed. If the judgment allows execution of the foreign judgment, it may be appealed and the proceeding will continue.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
3.3
What documents are required in support of an application for recognition and enforcement?
Mexico

Answer ... The following documents are required to support an application for recognition and enforcement of a foreign judgment:

  • a letter rogatory issued by the requesting judge;
  • an authentic (original) copy of the judgment to be executed;
  • an authentic (original) copy of the document confirming that the defendant was personally served with a summons of the lawsuit (according to Mexican law);
  • an authentic (original) copy of the document confirming that the foreign judgment is res judicata or that there is no ordinary recourse against the judgment;
  • Spanish translations of all documents; and
  • confirmation that the party seeking execution of the foreign judgment has an address in the place of jurisdiction of the tribunal that will recognise and enforce such foreign judgment.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
3.4
What fees are payable for recognition and enforcement?
Mexico

Answer ... No fees are payable to the Mexican courts for the recognition and enforcement of foreign judgments.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
3.5
Is the applicant required to provide security for costs?
Mexico

Answer ... No.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
3.6
How long does it usually take to obtain a declaration of enforceability?
Mexico

Answer ... It takes approximately three months to obtain a declaration of enforceability at first instance.

The declaration of enforceability may be appealed and an amparo may ultimately be filed.

The appeal and amparo can take up to nine months to be resolved.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
3.7
Can the applicant seek injunctive relief while the process is ongoing?
Mexico

Answer ... Yes, the applicant can seek injunctive relief while the process is ongoing.

For more information about this answer please contact: Miguel A. Hernandez Romo Valencia from Foley Gardere Arena
Contributors
Topic
Enforcement of Foreign Judgments