Central Authority(ies):
Directorate-General of Legal Affairs, Ministry of Foreign Affairs
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Contact details:
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| Address: | Secretaría de Relaciones Exteriores Plaza Juárez No. 20 Planta Baja Edificio Tlatelolco Colonia Centro Alcaldía Cuauhtémoc C.P. 06010, México, Ciudad de México |
| Telephone: | +52 (55) 3686 5100 (ext. 5235, 6445, 6438, 6413, 6127, 5227, 6415, 5243) |
| E-mail: | dgajuridicos@sre.gob.mx |
| General website: | www.sre.gob.mx/ |
| Contact person: | Mtro. José Luis Amaro Jaramillo |
| Languages spoken by staff: | Spanish/English |
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Practical Information
(The following information was provided by the relevant State authorities or was obtained from the replies to the Evidence Convention Questionnaires) |
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| Blocking statutes: | Yes. See, Ley Federal de Transparencia y Acceso a la Información Pública Gubernamental (Federal Law of Transparency and Access to Governmental Public Information). |
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Chapter I
(Letters of Requests) |
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| Transmission of Letters of Requests: | Letters of Request are sent directly from a judicial authority in the requesting State to the Central Authority of the requested State. |
| Authority responsible for informing of the time and place of the execution of Letter of Request (Art. 7): | Central Authority. |
| Presence of judicial personnel at the execution of the Letter of Request (Art. 8): | No declaration of applicability. |
| Privileges and duties existing under the law of States other than the State of origin and the State of execution (Art. 11): | No declaration of applicability. |
| Translation requirements (Arts 4(2) and 33): | Accepts Letters of Requests written in or translated into Spanish. |
| Costs relating to execution of the Letters of Request (Arts 14(2)(3) and 26): | Mexico does not seek reimbursement of costs under Art. 14(2)
There are no constitutional limitations with regard to the reimbursement of fees and costs, in connection with the execution of Letters of Request, for the service of process necessary to compel the appearance of a person to give evidence, the costs of attendance of such persons, and the costs of any transcript of the evidence (Art. 26). |
| Time for execution: | Between 2 and 6 months, approximately. |
| Art 23 pre-trial discovery of documents: | Letter of Request may be executed subject to certain conditions (qualified exclusion). |
| Information about domestic rules on the taking of evidence: | See, Articles 543-556 Código Federal de Procedimientos Civiles. Libro Cuarto de la Cooperación Internacional. Título Único (Federal Code of Civil Procedure). |
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Witness examination under Chapter I
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| Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed? | Specific questions are required. |
| Is it a public or private hearing? | Private hearing. |
| Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)? | Yes. |
| Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request? | No. |
| Are documents produced by the witness authenticated by the court? | Yes. |
| Is an oath generally administered to the witness? | Yes. |
| Can the witness be made subject to further examination and recall? | Yes, but a second Request is necessary. |
| Are there sanctions for non-appearance of witness? | The imposition of a fine or arrest. |
| Must interpreters who assist with the witness examination be court-certified? | Yes. |
| How is the testimony transcribed? | The secretary officer [law clerk] will take the testimony using the questions sent by the requesting authority. He or she will then transcribe the testimony, and produce a printed version, which shall be signed by all the witnesses. |
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Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners) |
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| Article 15 | Applicable. |
| Article 16 | Applicable. |
| Article 17 | Not applicable. |
| Article 18 | Not applicable. |
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Taking of evidence by video-links
(under either chapter) |
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Chapter I
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| Are there legal obstacles to the use of video links? | No. |
| Technology used: | No information available. |
| Level of interpretation required: | No information available. |
| Simultaneous or in sequence interpretation: | No information available. |
| Interpretation required in which jurisdiction? | No information available. |
| Who pays for the interpretation? | No information available. |
| How would a request for evidence be handled if witness not willing? | The competent judge may issue an order to appear. If the requested person does not appear, he or she might be arrested or fined. |
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Chapter II
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| Are there legal obstacles to the use of video links? | No. |
| Technology used: | No information available. |
| Level of interpretation required: | No information available. |
| Simultaneous or in sequence interpretation: | No information available. |
| Interpretation required in which jurisdiction? | No information available. |
| Who pays for the interpretation? | No information available. |
| Bilateral or multilateral agreements | To consult bilateral and multilateral treaties to which Mexico is a party, see: http://www.sre.gob.mx/tratados/
Multilateral conventions on judicial co-operation: - Inter-American Convention on Letters Rogatory - Inter-American Convention on the Taking of Evidence Abroad - Additional Protocol to the Inter-American Convention on the Taking of Evidence Abroad - Inter-American Convention on Proof of and Information on Foreign Law |
| Useful links: | webapps.sre.gob.mx/rogatorias/ (track service for letters rogatory) (en espagnol uniquement) www.sre.gob.mx/tramites/exhortos/default.htm (International letters rogatory) (Ministry of Foreign Affairs). |
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