Declaration of Validity of the National Code of Civil and Family Procedures in Mexico City

Executive Summary:

• A Declaration is issued in Mexico City for the entry into force of the National Code of Civil and Family Procedures.

I. Background

For context, let us remember that on June 7, 2023, a decree was published in the Official Gazette of the Federation, by which the National Code of Civil and Family Procedures (“CNPCF”) was issued.

In accordance with the provisions of the second transitory article of the aforementioned decree, the application at the local level of the CNPCF would be gradual, being subject to Declarations to be issued by the Congresses of each State, upon request of the Judicial Branch of each federal entity.

II. Entry into force in Mexico City

On May 24, 2024, the Plenary Session of the Judicial Council of the Judiciary of Mexico City issued Agreement number V-33/2024, by means of which it approved the draft Declaration of Validity of the CNPCF in Mexico City, requesting its publication by the Congress of Mexico City.

This draft Declaration provides for the date on which the Declaration of Validity will be published, as well as the start of validity and application of the CNPCF in Mexico City, detailing dates and civil and family procedural aspects that will apply in those periods.

In addition to the above, it is proposed that once the implementation of the CNPCF in Mexico City is completed, the Code of Civil Procedure for the Federal District be repealed and consequently cease to apply on the dates and matters where the CNPCF will be applicable in accordance with the provisions of the Declaration of Validity.

Below are the dates and procedural aspects raised in the draft Declaration:

1.- Civil Matter:

• As of December 1, 2024, will be processed orally: special mortgage and real estate leasing trials, as well as their preparatory procedures, appeals and means of defense.

• As of June 1, 2025, must be processed in accordance with the CNPCF: any procedure and controversy related to voluntary jurisdiction, precautionary measures, oral civil executive trials, and their preparatory procedures, resources and means of defense.

• As of November 15, 2025, will be governed by the provisions of the CNPCF: disputes and procedures processed in the ordinary civil oral procedure, enforcement procedure and other civil trials, as well as their resources and means of defense.

At the moment, on July 4, 2024, the Congress of Mexico City published an agreement, through which the Board of Directors of the Congress agreed on a text that will allow the issuance of the Declaration of entry into force of the CNPCF, which should be published on August 2 of this year in: i) the Official Gazette of Mexico City and ii) in the Official Gazette of the Federation.

On the other hand, on July 10, through the Plenary Session of the Congress of Mexico City, the promulgation of a “Block of Initiatives for the Homologation of Local Legislation with the CNPCF” was approved, in order to reform various legal systems of Mexico City. Among these, modifications to the following laws stand out:

• Provisions of the Civil Code for the Federal District, aspects such as:
  • People with disabilities.
  • Repeal of the “Public will opened by electronic means”
  • Procedures for gender identity recognition or gender-sex concordance reassignment.
  • Registry of Delinquent Alimony Debtors.
  • Unilateral and bilateral divorce.
  • Alternative Dispute Resolution Mechanisms.
• Organic Law of the Judicial Branch of Mexico City.
• Notarial Law for Mexico City.
• Law of the Social Prosecutor's Office for the Federal District.
• Law on the Rights of Girls, Boys and Adolescents of Mexico City.
• Transparency, Access to Public Information and Accountability Law of Mexico City.
• Registry Law for Mexico City.
• Law on Women's Access to a Life Free of Violence in Mexico City.
• Law to Prevent and Eliminate Discrimination in Mexico City. 

Currently, the promulgation and publication of the aforementioned block of initiatives is pending.

III. Implications of the Declaration of Validity.

In conclusion, the Civil Procedure Code of Mexico City will be repealed, that is, it will no longer be applied in favor of the new CNPCF.

Various legal systems in Mexico City will be reformed to align them with the CNPCF.

This will not affect the procedures in progress at the time of the entry into force of the CNPCF, which will continue to be processed according to the legislation in force at the beginning of the process –depending on the type of process and the dates described above-. However, the parties may choose by mutual agreement that their case's active trials be processed in accordance with the CNPCF.

For more information on the entry into force of the CNPCF, as well as details on the new processing and operation of the procedures regulated therein, we invite you to contact our experts: