Agricultural Trial Courts in Mexico: Key Principles and Procedures
Key Principles and Procedures of Agricultural Trial Courts in Mexico
Orality in Agricultural Trials
1. In the processing of agricultural trials, courts are subject to the principle of orality. True
2. It will be binding on the parties advised to attend the hearing. False, it is optional
3. If the defendant was not there when called to answer the demand, and it is confirmed that the defendant was duly served, the court will take special care to continue the hearing. True
4. The summons must only include the name of the plaintiff, the claim, the demand, and no other data. False, the date and time for the hearing must also be indicated
5. The plaintiff has the right to accompany the secretary or clerk who carries out the summons, but cannot provide information to facilitate delivery. False, they can provide information
Filing a Lawsuit and Hearing Dates
1. The plaintiff may file a lawsuit:
a) In writing. (SIMPLE WRITTEN APPEARANCE IS SUFFICIENT)
2. From the date of the notice, the defendant’s right to a hearing must take place within:
B) No more than 5 days and no more than 10 days.
3. During the hearing, evidence that cannot be immediately reviewed will be studied. In this case, the hearing will be suspended, and the court will provide what is necessary for it to be completed within:
C) 15 days.
4. In special circumstances of distance or detachment of the roads, and others that make access difficult for stakeholders to the court, the deadline for the conclusion of the hearing may be extended by:
(15 MORE DAYS) Section 170
5. In the event that the assessment of evidence warrants further study by the courts, the parties will be informed of the term for the sentence that the court deems appropriate, without ever exceeding that term:
C) 20 days.
Jurisdiction and Legal Procedures
6. An act taken by a court without jurisdiction is void except in the case of:
c) Territory.
7. When the court receives an injunction from another agricultural court designed to promote competition and does not consider it appropriate to maintain its own, it must communicate this to the competitor:
a) The same day.
8. In proceedings involving indigenous lands, the courts must consider:
B) The customs and practices of each group, as long as they do not contradict the provisions of land law.
Resolutions and Procedures in Agrarian Courts
1. In resolutions of disputes brought to their attention, land tribunals should be subject to the procedure provided under:
This law, and it must be recorded in writing
2. When necessary, due diligence will be practiced in court, accepting that the indigenous people have:
Translators
3. The courts will supply the deficiencies of the parties in their approaches when dealing with:
Ejido population centers or communities, and those living in communities.
4. What applies when there is no express provision in the farm bill?
Federal Code of Civil Procedure
5. When the court receives an injunction from another agricultural court that is promoted and considered incompetent, it must provide support, communicate to the competitor, and send the dossier to:
Agrarian Superior Court
6. Who will decide the jurisdiction of the Agrarian Court?
Tribunal Superior Agrario
7. Once the demand is formally received, the defendant must appear to answer it:
The day of the hearing
8. Once the complaint is filed or an appearance is made, the court will review it. If there are irregularities in the shipment, or if some statutory requirements have been omitted, the petitioner will be given a term to remedy them within:
8 days.
9. If the defendant objects precisely to counter the claim, they can never answer the lawsuit later.
Purpose and Procedures of Agrarian Trials
1. Farm trials are intended to:
Substantiate, settle, and resolve disputes that arise under the implementation of the provisions of this law.
2. If at the beginning of the hearing neither the plaintiff nor the defendant is present:
The hearing will not be held, and it may be ordered again if the plaintiff requests it.
3. Against final judgments of courts or the High Court, the only resource that can come from agriculture is:
The injunction in the High Court collegiate circuit.