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email INTERNATIONAL JUDICIAL ASSISTANCE MEXICO
DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.
There are three methods by which service of process may be accomplished in Mexico.
(a). Service by international registered mail, return receipt requested .
There is no provision in Mexico law specifically prohibiting service by international registered mail, if enforcement of a judgment in Mexico courts is not anticipated. this method is provided for in rule 4(I) Federal Rules of Civil Procedure, Title 28, United States Code. For proceedings in state courts, however, check the rules of your court to ascertain whether this method is available.
(b). Service by agents, generally a Mexican attorney
There is no provision in Mexican law specifically prohibiting service by agent, if enforcement of a judgment in Mexico courts is not anticipated. Personal service is accomplished by this method, wherein the Mexican attorney serves the document and executes an Affidavit of Service before a U.S. consul or vice-consul at the American Embassy or nearest consulate. Attorney lists are available upon request from the Office of American Citizens Service, Inter-American Division, Room 4811, Department of State, Washington, D. C. 20520-4818, telephone (202) 647-5118.
(c). Service by Letters Rogatory
If enforcement of a judgement in Mexican courts is anticipated, service of process by letters rogatory is the exclusive method to follow, since the Mexican courts will not recognize service by international registered mail or by agent.
(d). Service by International Convention/Treaty
1. The United States and Mexico are parties to the Inter-American Convention on Letters Rogatory, signed at Panama on January 30, 1975. Service by letters rogatory may be accomplished pursuant to the Convention (see Matrindale-Hubbel law Directory, Selected International Conventions, 1990 Edition). Under this Convention, requests are prepared on a Convention form and transmitted via the U.S, Central Authority in the Department of Justice to the Mexican central Authority. The State Department circular pertaining to the Inter-American Convention on Letters Rogatory is available at Internet address http://travel.state.gov .
2. Mexico acceded to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents on May 30, 2000. The Convention entered into force for Mexico on June 1, 2000. Under this Convention, requests for service are sent directly by the requester to the foreign central authority for service. In its instruments of accession to the Convention, Mexico declared the General Direction of Legal Affairs of the Ministry of Foreign Affairs (la Dirección General de Asuntos Jurídicos de la Secretaría de Relaciones Exteriores) as the Central Authority to receive requests for service of judicial and extrajudicial documents coming from other Contracting States and which will in turn forward them to the competent judicial authority for its compliance. Documents to be served in Mexico must be translated into Spanish. By a Note dated 7 May 2001, the Embassy of Mexico at The Hague advised that besides English and French, request forms addressed to the Mexican Central Authority should be filled in Spanish, according to Article 7 of the Convention. See our general information about the Hague Service Convention.
Voluntary Depositions (Willing Witness)
A deposition of a willing witness can be taken in Mexico before a U.S. consular officer on notice pursuant to a commission (22 U.S.C. 4215, 4221). Arrangements for scheduling a deposition should be made directly with the American Embassy or nearest consulate. The fee for the attendance of a consular officer at a deposition is $200.00 per hour or fraction thereof and cost incurred. If the consular officer is needed only to administer the oath to the witness and the court reporter/translator/interpreter, such arrangements can be accomplished provided both parties agree, in writing, to such an arrangement.
Court reporters are not available in Mexico. Therefore, you must make arrangements to bring your own court reporter. If you elect to take videotape equipment, you must be certain to first obtain customs clearance and permission form the Mexican Embassy or nearest consulate in the U.S., or the equipment will be confiscated.
The U.S. Embassy and consulates have on file the names of translators/interpreters. However, if the matter is sensitive, you may wish to bring your own translator/interpreter.
If you wish to take the deposition on written interrogatories, the U.S. Embassy or consulate can accommodate your request.
Involuntary Depositions (Unwilling Witness)
Compulsion of testimony or documentary evidence may be made pursuant to a letter rogatory in Mexico. State Department circular pertaining to Letters Rogatory are available at Internet address http://travel.state.gov .
Mexico is a party to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (see Matrindale-Hubbel Law Directory, Selected International Conventions, 1990 Edition). Under this Convention, the requesting court in the U.S. transmits the model letter of request and accompanying documents, in duplicate, with translations in duplicate directly to the Mexican Central Authority to compel evidence. Mexico has designated the Secretaria de Relaciones Exteriores (SRE) Direccion General de Asuntos Juridicos, Ricardo Flores Magon No. 1, Mexico, D.F. , Mexico (telephone 782-34-40) as the central Authority under this convention.
The State Department circular pertaining to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters is available at Internet address http://travel.state.gov .
Enforcement of Judgments
There is no treaty, convention or other bilateral agreement between the United States and Mexico on enforcement of judgments. See the Department of State circular on enforcement of judgments abroad at our home page at http://travel.state.gov . To request enforcement of a judgement from a court in the U.S., in Mexico you must retain local counsel who will initiate an action on your behalf requesting enforcement in Mexico. You may not request enforcement of a judgement pursuant to letters rogatory. If you are serving process, however, and anticipate an eventual enforcement of judgement in Mexico, see the discussion of this issue above, under service of process.
Amado, Recognition and Enforcement of Foreign Judgments in Latin American Countries: An Overview and Update, 31 Va. J. Int’l L. 99 (1990).
Carl, Service of Judicial Documents in Latin America, 53 Den. L J., 455 (l976).
Casad, Civil Judgment Recognition and the Integration of Multi-State Associations: Central America, the United States of America, and the European Economic Community (Lawrence, Kansas, The Regents Press of Kansas, 1981).
Dolinger, Brazilian Confirmation of Foreign Judgments, 19 Int’l Law. 853 (1985).
Kos-Rabcewicz-Zubkowski, International Cooperation in Civil and Commercial Procedure: American Continent, Canadian Inter-American Research Institute; U. of Ottawa Press, (1975).
Larsen, Note, Enforcement of Foreign Judgments in Latin America: Trends and Individual Differences, 17 Tex. Int’l L. J. 213 (1982).
Low, International Judicial Assistance Among the American States, The Int''l Law., Vol. 18, No. 3, 705 (1984).
Ristau & Laguna, The Inter-American Letters Rogatory Convention, Arizona J. of Int''l. & Comp. L. 124, 138 (1985).
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