Mexico’s new National Code of Civil and Family Procedures and the implementation of new technology trends

Previously, parties involved in a proceeding were required to be present in person during the various stages of the trial, a situation that became extremely complicated during the Covid crisis. This led the courts to adapt and make use of the technological tools available in order to move cases forward in compliance with the procedural rules in force.

The complications arising from this situation, combined with pressure from Mexican civil society which demanded the modernisation of court proceedings in Mexico, prompted the Mexican Congress to enact the new National Code of Civil and Family Procedures on 07 June 2023. This will regulate the processing of civil and family proceedings throughout the country. This innovative act brings with it the homologation of jurisdictional procedures at the national level, without resorting to the particular and local provisions of each federal entity in which the corresponding conflict is found.

In addition, this new legal provision introduced certain technical legal elements of a technological nature that favour the modernisation of proceedings, accessibility, and speed in resolving civil and/or family disputes. The new Code also seeks to implement new technological tools in trials and judicial acts. Within the provisions, Article 2 of the new Code stipulates the definitions of various legal technological concepts, including for the terms “blockchain” and “metaverse”, which are defined as follows:

Blockchain

A set of technologies with characteristics that enable the transfer for value in digital environments through consensus and encryption methods. From a technical perspective, and according to its characteristics, a blockchain is a database – decentralised and distributed in a computer network – formed by a set of linked records where transactions are stored, and which have been designed to prevent unauthorised modification or manipulation, once the data has been published.

A blockchain in public when it is open and transparent; when anyone can join, have access to it, send transactions, and participate in the consensus or data validation process. These are considered permission-less or non-permissioned blockchains, as there are no restrictions, and participation in these blockchains is not controlled by an administrator or a central governing body.

Metaverse

A virtual space that enables social coexistence in digital worlds through immersive 3D graphic experiences, typically by using virtual reality, augmented reality, mixed or hybrid reality, token and blockchain technologies.

In opening up and lifting restrictions on the use of new concepts and technological tools, the Mexican Congress is promoting technological innovation in the way future trials will be developed. Also, the new Code states that any information present in electronic, optical, digital media, in a blockchain, or in any other technology may be accepted as evidence. It is important to take note of this new reality, as documents that support the motivation or prosecution of a trial, being protected through the blockchain, could have full conviction force in a trial, since there is a methodology of generation, reception, and filing of information that could be used as evidence within a lawsuit.

This new perspective of legal openness to new technological tools represents an advance for the provision of justice in Mexico; however, the reform will not enter into force until 2027, thus allowing each state legislature to make the corresponding modifications to their regulations. 

From our point of view, this new regulation will bring with it several procedural benefits, since it will have a mainly technological orientation, allowing for greater ease, accessibility, and continuity in civil and family lawsuits, as well as an increase in the certainty of the tools used for the validity and scope of evidence.

Alonso Chávez holds a law degree from the Instituto Tecnológico y de Estudios Superiores de Occidente, with expertise in compliance and corporate law. Alonso has worked in local courts of the state of Jalisco and in legal firms specialising in civil, commercial, administrative, and protection litigation.

Luis Rodrigo Aguilar Jiménez holds a law degree from the Instituto Tecnológico y de Estudios Superiores de Occidente. Luis specialises in corporate, compliance, contract, and civil law. His experience in business planning and management makes the incorporation or regularisation of companies more suitable for modern businesses.