The indirect amparo proceeds against general rules, against acts outside and inside the trial, procedural violations and is filed before a district judge, and the direct amparo is filed against resolutions that put an end to a proceeding and is filed before the district judge so that it may be substantiated and a resolution may be issued.

However, in indirect amparos in civil and mercantile matters, excluding family matters, where only private interests are affected, the Federal Public Prosecutor’s Office may file the remedies set forth in this Law only when the plaintiffs have challenged the constitutionality of general rules and this aspect is addressed in the judgment.

amparo trial

The term to file the amparo lawsuit is fifteen days, except when a self-applicable general rule is being challenged, or the extradition procedure, in which it will be thirty days, or when the final conviction in a criminal proceeding, which imposes a prison sentence, is being challenged, it may be filed within a term of up to eight years. When the amparo is filed against acts that have or may have the effect of totally or partially depriving, temporarily or definitively, the ownership, possession or enjoyment of their agrarian rights to the ejido or communal population nuclei, in which it will be seven years, counted from the time the responsible authority notifies the act to the mentioned agrarian groups in an unquestionable manner. When the challenged act implies danger of deprivation of life, attacks on personal liberty out of procedure, incommunicado detention, deportation or expulsion, proscription or banishment, forced disappearance of persons or any of those prohibited by Article 22 of the Supreme Law.

The following are parties to the amparo proceeding

I. The plaintiff, who is the holder of a subjective right or of a legitimate individual or collective interest, provided that he alleges that the norm, act or omission complained of violates the rights set forth in Article 1 of this Law and thereby produces a real and present affectation to his legal sphere, either directly or by virtue of his special situation before the legal order. Simple interest, in no case, may be invoked as legitimate interest. The public authority may not invoke legitimate interest.

amparo trial

II. The responsible authority, having such character, regardless of its formal nature, the one that dictates, orders, executes or tries to execute the act that creates, modifies or extinguishes legal situations in a unilateral and obligatory manner; or omits the act that if carried out would create, modify or extinguish such legal situations.

III. The interested third party, being able to have such character:

(a) The person who has managed the act complained of or has a legal interest in its subsistence;

b) The opposing party of the complainant when the act complained of arises from a judicial, administrative, agrarian or labor trial or controversy; or in the case of a person outside the proceeding, the person who has an interest contrary to that of the complainant;

c) The victim of the crime or offended party, or whoever has the right to compensation for damages or to claim civil liability, when the act complained of arises from a criminal trial and directly affects such compensation or liability;

amparo trial

d) The defendant or accused when the act complained of is the non-exercise or dismissal of the criminal action by the Public Prosecutor’s Office;

e) The Public Prosecutor’s Office that has intervened in the criminal proceeding from which the challenged act derives, as long as it is not the responsible authority.

IV. The Federal Public Prosecutor’s Office in all trials, where it may file the appeals indicated in this Law, and those existing in criminal amparos when resolutions of local courts are claimed, independently of the obligations that the same law specifies to ensure the prompt and expeditious administration of justice.

Do you need a lawyer to handle an amparo lawsuit? Are you in Baja California Sur, Mexico? Todos Santos, Los Cabos, La Paz, Loreto, San Jose Del Cabo, Los Cabos, El Pescadero? Are you in Nuevo Leon, Mexico? Apodaca, Cadereyta Jiménez, El Carmen, García, San Pedro Garza García, General Escobedo, Guadalupe, Juárez, Monterrey, Salinas Victoria, San Nicolás de los Garza, Santa Catarina and Santiago…

At Law In Cabo we seek to satisfy the different legal needs of our clients, both in their business and personal matters. Contact us at: (+52)8119384461, where we will gladly advise you.

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