Three special features make this book unique in many respects. First, the book has been written by an eminent group of Mexican practitioners and academics recognized in Mexico for their legal expertise. These are attorneys working for prestigious law firms in Mexico who wrote their chapters keeping in mind the professional interest of American lawyers. Second, each of its seventeen chapters discusses a Mexican legal area commonly found in decisions rendered by state or federal courts in our country. These areas include personal injury, contracts, Fideicomisos, real estate, companies, Maquiladoras, promissory notes, family law, conflict of laws, letters rogatory, enforcement of judgments, etc. And third, most chapters include a legal glossary, a specialized bibliography and samples of practical Mexican legal documents. This up-to-date book, edited and co-authored by University of San Diego School of Law professor Jorge A. Vargas, a prolific author on Mexican law, will be invaluable for legal practitioners, judges and government officials who handle legal matters involving Mexican law, as well as for business and law students. "Whether a researcher is a seasoned Mexican legal scholar or new to the subject, tools that are laid out well, written by experts, and concisely written are always welcomed but not always available. This particular publication is one of the best structured books I have seen recently. If you deal with Mexican law you should consider having this one on your shelf." -- Legal Information ALERT

This book is intended to provide the foreign professional with a functional understanding of Mexican civil litigation, obviously not to litigate in Mexican courtrooms but to understand and deal effectively with local counsel and other professional counterparts.In doing so it tries to negotiate the opposing problems of being too general and too detailed. As the Mexican system owes much to the civil law tradition of Continental Europe, much can be gained from a knowledge of its overriding themes: for example, the basic schema of civil matters being regulated at the level of the states, of commercial matters at the federal; the weight still given to pleading "forms of action;" the extremely abbreviated phase in which evidence may be produced and presented, with very limited opportunities for discovery; the absence of a jury; and the relatively greater weight given to verbal versus oral testimony. In addition, the Mexican system has features of its own: among these, the looming presence of its famous (or infamous) amparo proceeding, which adds another layer of review (and delay, depending on one's point of view).At the same time, the book takes a close view at the fine print of procedures that may either involve, or puzzle, the foreign professional. It delves rather deeply into the types of evidence that are generally produced in Mexican litigation, with important distinctions made between party and non-party testimony; "public" versus "private" documents; and the great pressure brought on opposing experts to agree with each other, within certain tolerances. It emphasizes the importance placed on joining documentary evidence to the original pleadings; and the lack of sympathy for inconsistent or amended pleadings and theories. It takes the reader through what happens on the day of "trial" (that word is a misnomer). Some foreign counsel may be shocked to learn they may not witness the court's oral examination or opposing counsel's cross-examination of their own clients. The law is explained primarily through the lens of one code of civil procedure, that adopted in the Federal District, which has also served as a teaching model in Mexican law schools. While the basic template is an "ordinary" civil lawsuit, the book devotes several chapters to the distinctive summary process known as the juicio ejecutivo, or "executory lawsuit" (author's translation), which is often used to enforce secured claims, or claims based on negotiable instruments and other types of documents. Two chapters are devoted to ordinary appeals (which are relatively complicated) and the amparo proceeding, which is a direct attack on the lower court based on its alleged violation of constitutionally guaranteed rights. Finally, in the last chapter, the author summarizes and opines on Mexico's recent attempt to introduce "orality" into its court procedure, a process that over the past decade has achieved mixed results and differing reviews. The author concludes that its main benefit, and most lasting impact, will be in changing the culture of the courtroom, towards greater transparency.Rodolfo Rivera, a law professor, and a professional tasked with hiring local counsel around the world on behalf of a Fortune 500 company, has written: "Few U.S. lawyers understand the legal intricacies of Mexican litigation better than Bill [author]. Civil Litigation in Mexico is the first English language book that lays out the themes, nuances and the peculiarities of litigation in this very important country... It is long overdue!"William D. Signet has practiced many years in both U.S. and Mexican law firms, and taught Mexican law at the University of Texas Law School. He is the author of several treatises, books and law review articles on the subject, including the five-volume Mexican Law Library (West Group), and Introduction to the Mexican Real Estate System (Carolina Academic Press). He graduated from Columbia University Law School and the Parker School of Foreign & Comparative La

The ongoing evolution of Mexico¿s legal system reflects its dynamic national life. This work presents essays in polished English by nine lawyers, seasoned as practitioners and scholars, with deep experience of the country, and a foreword by Mexican constitutional scholar and historian Manuel González Oropeza. Together, they spotlight fundamental aspects of Mexico¿s legal system, often inadequately appreciated both within and outside Mexico. They highlight exciting developments that directly confront social demands for enhanced rule of law and access to justice, as well as the continuing challenges of conforming legal institutions to needs of contemporary society. The contributing authors provide insights essential to appreciate Mexican culture and society, its business environment, and the role of the legal system in assuring respect of rights and aspirations of justice. Their work offers understanding of Mexico and its legal system not only for those directly concerned with Mexico, but also to those desirous of understanding how one large and dynamic economy evolves key aspects of its legal system critical to its continued growth.

In addition to setting forth rules and legal doctrines (with reference to practical application of the law), this volume surveys the key institutions that make and enforce the law in Mexico, and places them in their historical and cultural context.

A collective treatise by various Mexican and U.S. authors, to provide "information on Mexican law in the areas of business, investment and international trade." Cf. Preface (vol. 1, p. xxix).