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EmailINTERNATIONAL JUDICIAL ASSISTANCE MEXICO
Disclaimer: The information in this circular relating to the legal requirements of specific foreign countries is provided for general information only and may not be totally accurate in a particular case. Questions involving interpretation of specific foreign laws should be addressed to foreign counsel. This circular seeks only to provide information; it is not an opinion on any aspect of U.S., foreign, or international law. The U.S. Department of State does not intend by the contents of this circular to take a position on any aspect of any pending litigation.
Summary
Service of Process
Obtaining Evidence
Travel to Mexico for Judicial Matters
Criminal Matters
Authentication of Documents
Lists of Attorneys in Mexico
U.S. Embassy and Consulate Locations
Links
Summary: Judicial assistance between the United States and Mexico is governed by the Vienna Convention on Consular Relations (VCCR), 21 UST 77, TIAS 6820, 596 U.N.T.S. 261, the Hague Convention on the Legalization of Foreign Public Documents, the Hague Convention on the Service of Process Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, the Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters, the Inter-American Convention on Letters Rogatory and Additional Protocol, and the bilateral Treaty on Mutual Legal Assistance in Criminal Matters.
A. Mexico is a party to the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil and Commercial Matters. The Convention entered into force for Mexico June 1, 2000. While cases have been reported where U.S. courts have accepted alternative methods of service, Mexico’s accession to the Hague Service Convention indicates that service through the Mexico Central Authority is the exclusive method available.
The Mexican Central Authority is:
Ministry of Foreign Affairs
Directorate-General of Legal Affairs
Plaza Juárez No. 20, Planta Baja
Edificio Tlatelolco
Colonia Centro
delegación Cuauhtémoc
C.P. 06010
Mexico, Distrito Federal
Additional information about the Mexican Central Authority is available on the Hague Conference web page.
Requests for service of process utilizing the USM-94 form or the model request form on the Hague Conference Service webpage should be completed in duplicate and sent with the documents to be served, and appropriate Spanish translations of the documents to be served and the request form to the Central Authority for Mexico. The USM-94 form must be executed by a clerk of court or an attorney.
Mexico made a declaration objecting to service under Article 10(a) (postal channels), Article 10(b) (judicial officers) and Article 10(c) (judicial officers, officials or other competent persons of the State of destination).
For additional information about fees and other declarations or reservations made by Mexico regarding the Convention, see the Hague Conference Service Convention webpage. For general guidance see the new edition of the Practical Handbook on the Operation of the Hague Service Convention. See also the Mexico response to the 2008 Questionnaire prepared by the Hague Conference on Private International Law in preparation for the 2009 Special Commission on the Practical Operation of the Hague Service, Evidence, Legalization and Access to Justice Conventions.
For information about service on a foreign State, see our Service Under the Foreign Sovereign Immunities Act (FSIA) feature and FSIA Checklist for questions about service on a foreign State, agency or instrumentality.
B. Mexico is also a party to the Inter-American Convention on Letters Rogatory and Additional Protocol. Requests for service under the Inter-American Convention and Additional Protocol must be submitted on forms USM-272/272A. Unlike the Hague Service Convention, the Inter-American Convention requires that the Convention form bear the seal and signature of the judicial or authority of the country of origin and the signature and stamp of the U.S. Central Authority. The clerk of the court in the U.S. where the action is pending must place their seal and signature on pages 2 and 5 of the USM-272 and USM-272A on the left hand side "Signature and stamp of the judicial or other adjudicatory authority of the state of origin". Requests for service under the Inter-American Convention and Additional Protocol must be transmitted to the U.S. Department of Justice contractor, Process Forwarding International (PFI), which can provide the requisite forms. The request for service must be transmitted to the Mexican Central Authority by PFI.
Voluntary Depositions (Willing Witness)
A deposition of a willing witness can be taken in Mexico before a U.S. consular officer on notice pursuant to a commission
(22 U.S.C. 4215, 22 U.S.C. 4221). A U.S. consular officer can administer an oath if arrangements are made prior to the deposition
and a deposit for the appropriate fees has been received. Requests for assistance of a U.S. consular officer to administer
oaths to willing witnesses participating in voluntary depositions should be directed to the American Citizen Services section
of the U.S. Embassy or Consulate. See 22 CFR 22.1 for current consular fees.
Compulsion of Evidence in Civil and Commercial Matters:
The Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters is in force between the United States and Mexico. Requests to compel evidence should be prepared using the Hague Model Letter of Request and submitted to the Mexican Central Authority directly by the requesting court in the United States. For additional information about the operation of the Hague Evidence Convention in Mexico, see the Mexican response to the 2008 Questionnaire prepared by the Hague Conference on Private International Law in preparation for the 2009 Special Commission.
Travel to Mexico for Judicial Assistance Activities: Before traveling to Mexico to participate in a deposition, see the Country Specific Information and any applicable Travel Alerts or Travel Warnings. It is also recommended that U.S. travelers register with the U.S. Embassy using our on-line registration system. If a U.S. Executive Branch official will participate in the deposition, please contact the agency office responsible for arranging the travel or askpri@state.gov for assistance in obtaining host country clearance for the travel of U.S. officials to conduct judicial assistance activities abroad. See also Foreign Entry Requirements.
Criminal Matters: The United States signed a Mutual Legal Assistance Treaty in Criminal Matters with Mexico of May 3, 1991, Treaty Doc. 100-13,
Exec. Rept. 100-27, 100th Cong., 2 Sess., Exec. Rept. 101-09, 101st Cong. 1st Sess., XXVII ILM, No. 2, 3/88, 447. Local, state,
and federal prosecutors in the United States interested in obtaining evidence in Mexico may also wish to consult the Office of International Affairs, Criminal Division, U.S. Department of Justice, Washington, D.C. 20520 at (202) 514-0015.
The U.S. Department of State expects criminal defendants, or their defense counsel, who wish to request judicial assistance
in obtaining evidence or in effecting service of documents abroad in connection with criminal matters to make such requests
pursuant to letters rogatory in accordance with Article 5(j) of the VCCR. Defense requests for compulsion of evidence in criminal matters may be prepared in the form of letters rogatory transmitted
via diplomatic channels from the U.S. Department of State, Bureau of Consular Affairs, Overseas Citizens Services, Office of American Citizens Services and Crisis Management, Western Hemisphere Division. See 22 CFR 22.1 regarding current consular fees. For general guidance about preparation and transmittal of such requests, see our Letters Rogatory feature.
Authentication of Documents: Mexico is a party to the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents. For information about authentication of documents web page notarial and authentication feature. See also the U.S. Department of State Authentications Office webpage.
Lists of Attorneys in Mexico: See the U.S. Embassy in Mexico City List of Attorneys;U.S. Consulate General Guadalajara List of Attorneys; U.S. Consulate Nuevo Laredo List of Attorneys; and U.S. Consulate Monterrey List of Attorneys . See also Retaining a Foreign Attorney.
U.S. Embassy and Consulates Locations : The U.S. Embassy is located in Mexico City at Paseo de la Reforma 305, Colonia Cuauhtemoc; telephone from the United States: 011-52-55-5080-2000; telephone within Mexico City: 5080-2000; telephone long distance within Mexico 01-55-5080-2000. You may contact the Embassy by e-mail or visit the Embassy website.
In addition to the Embassy, there are several United States consulates and consular agencies located throughout Mexico (listed below).
CONSULATES:
Ciudad Juarez: Paseo de la Victoria #3650, telephone (52) (656) 227-3000.
Guadalajara: Progreso 175, Col. Americana; telephone (52) (333) 268-2100.
Hermosillo: Calle Monterrey 141 Poniente, Col. Esqueda; telephone (52) (662) 289-3500.
Matamoros: Avenida Primera 2002 y Azaleas; telephone (52) (868) 812-4402.
Merida: Calle 60 No. 338 K x 29 y 31, Col. Alcala Martin; telephone (52) (999) 942-5700.
Monterrey: Avenida Constitucion 411 Poniente; telephone (52) (818) 047-3100.
Nogales: Calle San Jose, Fraccionamiento “Los Alamos”; telephone (52) (631) 311-8150.
Nuevo Laredo: Calle Allende 3330, Col. Jardin; telephone (52) (867) 714-0512.
Tijuana: Avenida Tapachula 96, Col. Hipodromo; telephone (52) (664) 622-7400.
CONSULAR AGENCIES:
Acapulco: Hotel Continental Emporio, Costera Miguel Aleman 121 - Local 14; telephone (52)(744) 484-0300 or (52)(744) 469-0556.
Cabo San Lucas: Blvd. Marina Local C-4, Plaza Nautica, Col. Centro; telephone (52) (624) 143-3566.
Cancun: Plaza Caracol Two, Second Level, No. 320-323, Boulevard Kukulkan, Km. 8.5, Zona Hotelera; telephone (52)(998) 883-0272.
Ciudad Acuna: Alfonso Gonzalez Ocampo # 305, Col. Centro; telephone (52) (877) 772-8179.
Cozumel: Plaza Villa Mar en El Centro, Plaza Principal, (Parque Juárez between Melgar and 5th Ave.) 2nd floor, Locales #8 and 9; telephone
(52)(987) 872-4574.
Ixtapa/Zihuatanejo: Hotel Fontan, Blvd. Ixtapa; telephone (52)(755) 553-2100.
Mazatlan: Hotel Playa Mazatlán, Playa Gaviotas #202, Zona Dorada; telephone (52) (669) 916-5889.
Oaxaca: Macedonio Alcala No. 407, Interior 20; telephone (52) (951) 514-3054 (52) or (951) 516-2853.
Piedras Negras: Abasolo 211, Local #3, Col. Centro; telephone (52) (878) 782-5586 or (878) 782-8664.
Playa del Carmen: The Palapa, Calle 1 Sur, between Avenida 15 and Avenida 20; telephone (52)(984) 873-0303.
Puerto Vallarta: Paseo de Los Cocoteros #85 Sur, Paradise Plaza – Local L-7, Nuevo Vallarta, Nayarit C.P.; telephone (52)(322) 222-0069.
Reynosa: Calle Monterrey #390, Esq. Sinaloa, Col. Rodríguez; telephone: (52)(899) 923-9331
San Luis Potosi: Edificio "Las Terrazas", Avenida Venustiano Carranza 2076-41, Col. Polanco; telephone (52)(444) 811-7802 or (444) 811-7803.
San Miguel de Allende: Dr. Hernandez Macias #72; telephone (52) (415) 152-2357.
U.S. Government Links:
Intercountry Adoption – Mexico
International Child Abduction Mexico
Library of Congress Guide to Law Online – Mexico
World Fact Book - Mexico
Mexican Links:
Mexico Ministry of Foreign Affairs – Letters Rogatory
Last Updated October 2009
