On December 3rd, 2024, General Agreement V-106/2024 was published in the Judicial Gazette of the Judiciary of Mexico City, in which it was determined to authorize the “General Bases of Operation of the Judiciary of Mexico City, for the Implementation and Operation of the Oral and Digital Justice System, pursuant to the National Civil and Family Procedures Code” (the “General Agreement”).
As the name mentions, the General Agreement corresponds to the implementation of the National Civil and Family Procedures Code (the “CNPCF” or the “Code”) and has as its priority objectives to optimize judicial operability, guarantee equal access to justice and strengthen transparency in the proceedings.
The circular focuses on the following key points: (1) Defined Concepts; (2) Digital Justice System; (3) Oral Justice; (4) Civil and Family Jurisdictional Function; (5) Judicial Management; (6) Digital Judicial Management; and (7) Procedural Communications.
- Digital Justice System
The digital justice system incorporates tools such as specialized software, electronic platforms and applications to fully digitize judicial proceedings. This model includes everything from file review to the filing of pleadings, as well as the holding of virtual hearings.
Its benefits include:
- Greater accessibility for users by allowing online procedures.
- Reduction of procedural time by eliminating dependence on physical formats.
- Transparency and security in information management.
- Technology neutrality, since it does not impose a preference for a certain technology or use of the traditional format.
Despite its potential, the digital system poses challenges such as the need for a robust technological infrastructure, advanced cybersecurity protocols and strategies to ensure the inclusion of vulnerable sectors without internet access.
- Oral Justice
The oral justice model will gradually replace written procedures in civil and family matters, prioritizing the holdings of oral hearings, making the hearing the only place of production and concentration of information to resolve the dispute. This approach encourages direct communication between the parties and the judges, ensuring a more agile and transparent process.
In Mexico City, as of December 1st, 2024, in civil and family matters, this model of justice was implemented in disputes relating to:
- Special mortgage trial.
- Special real estate lease proceedings.
- Non contentious jurisdiction proceedings (in all its modalities).
- Any family controversy in which divorce is not involved.
- Conflicts that are attended by means of restorative justice.
- Preparatory procedures, resources and means of defense used in the previously mentioned controversies.
It is important to emphasize that oral justice reduces the use of physical resources and promotes the participation of the parties in each matter. However, the successful implementation will depend on adequate training of judges, lawyers and judicial personnel.
- Civil and family jurisdictional function
The agreement establishes that the jurisdictional function in civil and family matters must be governed in accordance with the provisions of the Code. To this end, judges are exempted from administrative tasks, prioritizing their intervention in hearings and procedural stages in which their participation is essential.
Specifically, the jurisdictional function will be exercised exclusively in the matters that enter the judicial management unit to which the judges are assigned, in strict compliance with the general rules of the judicial management model, among which the following stand out:
- Rotation and reassignment of judges between specialties.
The specialties are as follows:
- Postulatory and written procedure: This stage includes decisions related to pleadings, summons, responses to pleadings, counterclaims, as well as incidents and appeals derived from these decisions. It also includes pre-judicial acts, precautionary measures, precautionary orders, non contentious jurisdiction and those with proceedings other than oral or special proceedings, in accordance with the Code.
- Hearing system: This specialty covers all procedural decisions that drive the procedure in each of its stages, through oral hearings, whether virtual or in person, until the issuance of the judgment, which will be formulated in writing.
- Enforcement of judgments, agreements and awards: Includes decisions related to the enforcement of judgments issued in the hearing system, agreements elevated to the category of judgment, as well as the enforcement of arbitral awards.
- The judges assigned to the hearing system will be supported by a secretary projector.
- The focus will be on the effective resolution of disputes, leaving aside procedural formalities, guaranteeing justice.
- The judges will be identified by name, position and place of assignment, eliminating numerical identification systems.
Likewise, the jurisdictional function is extended to the appellate courts, composed of Magistrates in specialized chambers in civil and family matters. These courts will hear appeals against rulings issued by the hearing system, as well as incidents and appeals derived from such decisions. It should be noted that as of December 1st, 2024, that the Integral System for the Consultation of Resolutions will be replaced by the Integral Judicial Management System, which will handle electronic files and will no longer receive written promotions.
These adjustments derived from the implementation of the Code seek not only to simplify procedures, but also to force efficiency in the issuance of judicial resolutions, ensuring that they are issued within reasonable time periods; however, although the model seeks to optimize jurisdictional tasks through specialization and the use of technology, it may generate certain risks: the frequent rotation of judges between specialties could affect the continuity in the handling of matters and the parties’ trust in the proceedings. In addition, the replacement of the Integral System for the Consultation of Resolutions by the Integral Judicial Management System, although it represents an advance, requires intensive training and supervision to avoid errors or delays in the migration of data, as happened during November and December 2024, since there was a long delay in the issuance of sentences in the civil and family chambers of the Superior Court of Justice of Mexico City.
- Judicial Management
The implementation of a digital judicial management system complements the oral and digital justice model, providing a comprehensive platform for real-time file tracking, remote consultation of agreements and receipt of electronic notifications.
Among its main features, the following stand out:
- The creation of the Corporate Judicial Management model, a model that separates jurisdictional functions from administrative ones, ensuring that the work of judges is focused exclusively on their substantive tasks.
- The beginning of the Type Two Judicial Management Units, whose design is planned to work under an optimized organizational scheme, as will be detailed below:
- In civil matters:
- There will be five Judicial Management Units: two for the postulatory stage and written proceedings; two for the preliminary stage and trial; and one for execution of sentences. Each unit will be composed of:
|
Position |
Number of
Staff |
| Secretary of Agreements Head of Judicial Management Unit Type Two
Director |
1 |
| Secretary of Agreements
Assistant Directors |
3 |
| Clerk of Projectionists and/or Conciliator
Head of Departmental Unit |
7 |
| Secretary-Actuary of the Judicial Management Unit | 6 |
| Hearing Assistant
Administrative staff |
9 |
| Minutes Clerk
Administrative personnel |
9 |
| User Service Assistant
Administrative staff |
1 |
| Archive and securities clerk
Administrative personnel |
1 |
| Total | 37 |
- In family matters
- Three Judicial Management Units will be established: one for the postulatory stage; one for the preliminary stage and trial; and one for the execution of sentences. The structure will be identical to that of civil matters.
It is important to note that, in both matters, in the Judicial Management Unit of the Hearing System, the Agreements Secretaries, Conciliatory Secretary and Projecting Assistant Secretary will be in charge of holding the anticipated meetings.
- Judicial Management Unit Type Two of Request between Judges, will be in charge of handling all jurisdictional activity coming from the Judiciary of the Mexico´s States, whether in civil, family and/or mercantile matters. The head of the unit will be a judge specializing in civil or family matters; however, the exercise of its jurisdictional function will be general, with the exception of urgent family matters, in which case it will be handled by a judge specializing in family justice. The composition will be the same as that of the previously described units.
The Judicial Management Units will report to the General Directorate of Judicial Management, optimizing procedures by means of technological tools that will allow constant access to electronic files and will limit in-person attention to strictly necessary cases.
We consider it necessary to highlight that the separation of jurisdictional and administrative functions is a wise step; however, the creation of units specialized in judicial management could increase bureaucracy in certain procedures. Adequate monitoring will be essential, as this could lead to duplication of tasks or a perception of slowness in the resolution of cases.
- Digital Judicial Management
Digital judicial management is a central pillar of the Judiciary new operating model. This model integrates technological tools designed to optimize judicial processes in both first and second instance. Among its most outstanding aspects are:
- The Integral Judicial Management System, this digital platform allows the filing of documents through the Common Virtual Parts Office for civil, family and courtroom matters. Additionally, it manages files and electronic records with the same legal validity as physical documents, in accordance with the principle of functional equivalence.
- Use of the Advanced Electronic Signature, a mechanism that guarantees the authenticity and security of electronic documents by means of unique data and characters that identify the signatory. The advanced signature will prevail over the simple electronic signature, as it complies with stricter production and verification requirements.
- The mobile application is designed to facilitate access to judicial services, allowing the consultation of files, receipt of notifications and making payments online.
- Creation of the platform for edicts and Judicial Gazette, this digital tool streamlines the publication of edicts and resolutions, increasing transparency and reducing operating costs.
- Creation of the Electronic System of Requests between Judges, coordinated by the National Commission of Superior Courts of Justice, this system eliminates the use of physical requests between Judges as of December 1st, 2024. Each court will have unique authentication keys to guarantee the security and efficiency of the proceedings.
The integration of the Integral Judicial Management System and its complementary tools represent a significant advance towards the modernization of the Judicial Branch. This system allows the integral and secure management of judicial proceedings, promoting functional equivalence between digital and physical documents. In addition, the implementation of the advanced electronic signature and the elimination of physical requests between judges optimize efficiency, reduce costs and strengthen transparency in the processes. However, its success will depend on the system’s ability to ensure data security and prevent cyber-attacks.
- Procedural Communications
The modernization of procedural communications seeks to streamline and strengthen the efficiency of notification and communication between the parties involved. Among the measures adopted, the following stand out:
- The creation of the Central of Notifiers and Executors, the procedural communications ordered in judicial proceedings will be digitally processed in the corresponding Judicial Management Unit, through the Integral Judicial Management System, and will be processed by clerks assigned to the Central of Notifiers and Executors. This agency will also be supported by a group of public servants from different courts.
- There will be Auxiliary Equipment for Judicial Officers, judicial officers will have auxiliary equipment intercommunicated with the management system, such as tablets and devices with geolocators, which will facilitate the performance of proceedings and optimize notification times.
- Support from Notification Commissioners, the Central of Notifiers and Executors will also be supported by a group of public servants who will act as commissioners. These will be responsible for processing all types of procedural communications that are not reserved for the clerks, in order to reduce the workload of the latter.
- Electronic Notifications, the parties will receive notifications through digital platforms, which will guarantee greater speed and security in communications. This system ensures the traceability and registration of procedural notifications, but it can also cause a bad notification, affecting one of the essential elements of each procedure.
- Automation and Monitoring in Real Time, the Integral Judicial Management System automates notification and registration processes, allowing the parties to consult the status of their cases at any time.
Modernizing procedural communications through digital means improves efficiency, but also introduces risks. Lack of adequate access to digital platforms could affect proper service on parties that are unfamiliar with these tools, compromising the fairness of the process. In addition, electronic notifications require strict protocols to avoid errors that could invalidate procedural proceedings.
Finally, it is important to mention that, as a result of the protests held on February 14th and 17th, 2025 in various locations of the Judiciary of Mexico City, the temporary suspension of the agreement ordering the extinction of 26 civil courts and 9 family courts of written process was announced.
The demonstrations arose due to the prompt and disorganized implementation of the Code, which has generated a restructuring in the organization of the courts. The disappearance of several jurisdictional bodies has caused an overload of files in the courts that continue to operate, which has resulted in saturation and a deterioration in the working conditions of the judicial personnel.
In view of this situation, the Judiciary of Mexico City issued the Agreement V-19/2025 on February 14th, 2025, by which it suspended the application of General Agreement 32-03/2025, which provided for the termination of several courts as of May 7th, 2025. The measure will be maintained until a new agreement and/or pronouncement is issued by the Judicial Branch.
Likewise, it was informed that proceedings will be initiated before the Congress of Mexico City to modify the Declaration of Validity of the Code, with the purpose of establishing a gradual entry into force in the capital of the country. This modification seeks to mitigate the impact of court closures and guarantee a more orderly transition in the implementation of the new justice system.
However, the current crisis reflects an alarming lack of planning and disorganization within the Judiciary of Mexico City. The saturation of the job in the remaining courts has caused significant delays in the issuance of agreements and sentences, deficient attention by staff and unjustified delays in proceedings, seriously affecting citizens access to justice. The lack of adequate training and a clear transition strategy have turned the implementation of the Code into a chaotic process, evidencing the need for a profound administrative restructuring.
With this decision, the Judiciary of Mexico City responds to the motions of the staff and the legal community, recognizing the need to evaluate the operating conditions before continuing with the closure of more jurisdictional bodies. However, uncertainty persists, and the correct application of the new Code will depend on the judicial authorities being able to correct planning errors and provide sufficient resources to the courts to cope with the workload.
At Acedo Santamarina, S.C., we have a team of lawyers specialized in dispute resolution and with the technical capacity for the implementation of the National Civil and Family Proceedings Code and its respective adaptations in the Superior Court of Justice of Mexico City; we would be pleased to advise you.
Noé Caracheo
Law Clerk
