Oral Trials in the National Code of Civil and Family Procedures

Executive Summary:

• The National Code of Civil and Family Procedures, published in June 2023, introduces oral trials as part of a reform that seeks to streamline and improve justice in Mexico, especially in the civil and family sphere.
• These trials are based on the principles of immediacy, publicity, concentration, continuity and contradiction, guaranteeing faster, more transparent and efficient processes. In addition, the code incorporates the use of digital technologies to facilitate virtual hearings and optimize access to justice.
• Despite its benefits, the implementation of oral trials presents challenges in terms of training, infrastructure and cultural change, key elements for the success of this transformation.

The National Code of Civil and Family Procedures (“CNPCF”), published in the Official Gazette of the Federation on June 7, 2023, introduces important changes to the administration of justice in Mexico. One of the most notable elements is the implementation of oral trials, which serve to streamline and improve civil and family procedures.

The CNPCF is based on several guiding principles that guide oral trials, highlighting the following:

• Immediacy: The judge must be present during all hearings, allowing direct interaction with the parties.
• Advertising: Hearings are public, except in exceptional cases where confidentiality is justified, thus ensuring the transparency of the process.
• Concentration: The process must be carried out in the smallest number of hearings possible, avoiding unnecessary delays and promoting the expeditious resolution of disputes.
• Continuity: Hearings must be uninterrupted, with exceptional suspension permitted in the cases established in the CNPCF.
• Contradiction: The parties have the right to discuss the facts, legal arguments and evidence of their counterpart.

All civil and family disputes that do not have a special procedure are governed by the Ordinary Civil Oral Trial and the Family Oral Trial, respectively. These trials have several similarities, since both procedures contain the following stages:

1. Application stageThe process begins with the presentation of a request or claim (in Family Oral Trial this can be in writing or by appearance), specifying the facts on which the claim is based. If admitted, the defendant will be ordered to personally summon the defendant to respond to the request or claim within the period set for this.

Once the application stage has been completed, a date and time will be set for the preliminary hearing.

2. Preliminary hearing: The preliminary hearing consists of different stages, including the conciliation of the parties, the clarification of the debate and the qualification of the evidence. Therefore, during the development of the preliminary hearing, conciliation between the parties is encouraged; if an agreement is reached, it becomes binding. If conciliation is not achieved, the evidence is reviewed and admitted, and agreements are established on non-controversial facts.which will have the purpose of establishing events that will be outside the debate-, and the evidentiary agreements necessary to eliminate unnecessary evidence in whole or in part.

Once the above has been concluded, the jurisdictional authority will summon the parties to the trial hearing.

3. Trial hearing:Once the trial hearing has opened, the judge will listen to the opening arguments of the parties, so that they may present their respective theories of the case. Subsequently, the evidence will be presented, in accordance with the agreements established in the preliminary hearing. Once the evidence has been presented, the parties will be given the floor once again, so that they may make their closing arguments.

The final judgment will be issued immediately.

It is important to highlight that the CNPCF incorporates the use of information and communication technologies to carry out virtual hearings and use digital justice systems. These tools allow remote proceedings to be carried out, increasing the accessibility and efficiency of the judicial system. The implementation of virtual rooms and videoconferences facilitates the participation of all parties, even those in different geographical locations.

However, the implementation of the oral process presents challenges that must be addressed, such as the following:

• Training: Judges, lawyers and judicial staff require specialized training in oral litigation techniques and audience management.
• Infrastructure: It is necessary to have adequate hearing rooms and technology that supports the recording and transmission of hearings.
• Cultural change: Adapt the mentality of judges, lawyers, judicial personnel and those seeking justice to the new system, promoting a culture of oral tradition under its guiding principles.

Finally, CNPCF introduces oral trials to streamline civil and family procedures in Mexico. With a focus on efficiency and transparency, CNPCF faces challenges such as training and infrastructure, but has the potential to transform the administration of justice, offering a more agile and accessible system.