Answer ... Recognition and enforcement of a foreign judgment is carried out through the same process.
- 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.
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.
Answer ... No fees are payable to the Mexican courts for the recognition and enforcement of foreign judgments.
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.
Answer ... Yes, the applicant can seek injunctive relief while the process is ongoing.