Theses and Case Law/ Litigation / by Daniel Majewski del Castillo andZusel Soto Vilchis
On #ThesisFriday | April 10, 2026, the Judicial Weekly published 66 new rulings: 33 precedents and 33 isolated theses.
We have selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation, the Regional Circuit Plenary Sessions, and the Collegiate Circuit Courts:
Abstracts
Digital registration: 2032000 / Thesis: P./J. 47/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The decree reforming mining and water concessions—which stipulates that such concessions may only be granted through a public bidding process—and its extension do not violate the principle of non-retroactivity of the law.
This is because the sixth transitional provision of the decree itself stipulates that exploration and production concessions granted prior to its entry into force shall have the term specified in the respective concession title, which demonstrates that there is no deprivation of the concession titles that were granted to the individual at the time.
Digital registration: 2032013 / Thesis: P./J. 51/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The statute of limitations does not include in its calculation the period during which court proceedings were suspended due to the COVID-19 pandemic, in accordance with Article 1176 of the Federal Civil Code.
The right of access to justice entails the ability to bring a case before the courts within the statutory time limits under conditions that allow for the courts to function effectively. While the statute of limitations is intended to provide legal certainty, its time limits must not be applied in a manner that prevents or hinders the exercise of rights. During the COVID-19 pandemic, the suspension of judicial proceedings prevented normal access to the courts; therefore, pursuant to Article 1176 of the Federal Civil Code, this period of suspension must be excluded from the calculation of the statute of limitations, except in urgent matters or in cases where the time limits were not interrupted, without this modifying the general rule of calculation by years.
Digital registration number: 2031991 / Thesis: PR.A.C.CS. J/7 K (12th)
Case Law of Regional Circuit Courts
An extension of the deadline for filing a direct amparo petition is valid only if it is submitted to the competent authority; filing it with the collegiate court does not suspend the statutory deadline, in accordance with Article 176 of the Amparo Law.
Article 176 of the Amparo Act provides that the petition must be filed through the competent authority and that, if this is not done, the time limit is not interrupted. Since the amendment of the petition is not a separate act but rather a modification of the original petition that forms part of the same proceeding, it must follow the same rule. Therefore, the amendment to a petition for direct amparo must be filed with the competent authority, and if it is filed with a different authority, it does not interrupt the statutory time limit for filing the petition.
Digital registration: 2032012 / Thesis: PR.A.C.CS. J/2 C (12th)
Case Law of Regional Circuit Courts
Precautionary orders freezing bank accounts in small claims commercial enforcement proceedings must first be challenged through an appeal for revocation before filing an indirect appeal.
The Commercial Code allows for the challenge of preliminary injunctions through an appeal for revocation in small claims proceedings, since the term “non-appealable” excludes only the right to appeal. Therefore, before filing an indirect amparo, this remedy must be exhausted in accordance with the principle of finality; otherwise, grounds for dismissal arise.
Digital registration: 2032015 / Thesis: PR.A.C.CN. J/3 C (12th)
Case Law of Regional Circuit Courts
Expert handwriting analysis that attempts to date ink by applying hydrochloric acid to negotiable instruments is inadmissible.
Handwriting analysis must meet criteria of scientific reliability; however, the technique that uses hydrochloric acid to date ink is inadmissible, as it has not been validated, lacks scientific basis, has a known margin of error, is not part of recognized protocols, and, furthermore, is a destructive method that jeopardizes the integrity of the document.
Digital record: 2032018 / Thesis: PR.A.C.CN. J/33 A (12th)
Case Law of Regional Circuit Courts
When submitting private documentary evidence from the administrative record in a federal administrative litigation proceeding, the plaintiff must clearly identify its content and characteristics, in accordance with Article 14, subsection (v), of the Federal Law on Administrative Litigation Procedure.
In federal administrative litigation, the plaintiff must precisely identify the documentary evidence held by the authority or contained in the administrative record, specifying both its characteristics and its content, since only then can the failure to produce such evidence give rise to a presumption in the plaintiff’s favor; otherwise, there is no certainty regarding its existence or its probative value.
Digital registration: 2032004 / Thesis: PR.A.C.CN.4 C (12th)
Isolated Thesis: Regional Circuit Plenary Sessions
In commercial litigation, the assessment of evidence is governed by the preponderance of probability and the party-directed principle.
In commercial litigation, in accordance with the principle of party disposition, the parties must prove their claims, and the judge decides based on the balance of probabilities, accepting the version of events that is most likely given the evidence presented, without requiring absolute certainty.
Digital registration: 2032014 / Thesis: PR.A.C.CN.2 C (12th)
Isolated Thesis: Regional Circuit Plenary Sessions
In commercial litigation, the admission of scientific expert evidence in the form of written documents requires verification of its reliability and validity.
The admissibility of scientific expert evidence regarding written documents does not depend solely on the expert, but on the validity of the method; therefore, the judge must verify that the method is scientifically sound, reliable, and non-destructive, excluding speculative techniques that do not guarantee the authenticity or integrity of the documents.
Digital registration: 2032006 / Thesis: (Region V) 4.7 C (12th)
Individual Opinion of the Circuit Courts
A matter of public knowledge cannot be used to raise the defense of lack of specificity of the claim in another case if it was not raised as a defense in that case.
The judge may not base his or her ruling on defenses not raised in the answer to the complaint, even if he or she relies on well-known facts, as this violates the principle of consistency and the rights to legality and due process by ruling on matters outside the scope of the litigation.
Digital record: 2032010 / Thesis: (Region V) 4.1 K (12th)
Individual Opinion of the Circuit Courts
In order for the suspension of deadlines for electronic notifications in constitutional appeals to take effect, the failure must be reported to the court immediately or no later than the following day.
The rule provides that if the parties notice system failures during the amparo proceeding, they must immediately notify the court by any means so that the procedure leading to the suspension of deadlines may be initiated; such suspension will last only as long as the contingency persists. Therefore, if the notification is made days later, it is considered untimely.
Digital record: 2032020 / Thesis: XVII.1o.P.A. 3 A (12th)
Individual Opinion of the Circuit Courts
Compensation for emotional distress in cases of state liability should be calculated in UMAS rather than in minimum wages.
Compensation for non-economic damages in cases of state liability should be calculated in UMAS rather than in minimum wages, since the latter cannot be used as a reference for purposes unrelated to their intended nature; furthermore, the use of the UMA ensures proportionality and compliance with the constitutional framework without constituting a regressive measure.
Digital registration number: 2032022 / Thesis: VII.2o.A.5 A (12th)
Individual Opinion of the Circuit Courts
Administrative litigation in Veracruz must be dismissed if the alleged breach does not stem from an administrative contract duly executed by the authority.
In administrative litigation in Veracruz, a case may be dismissed when the alleged breach does not stem from a written administrative contract, since the authority’s intent must be evidenced by a signature and seal and cannot be established through verbal agreements, as documentary evidence is essential for assessing the legality of the act.
This publication was prepared by Daniel Majewski del Castillo andZusel Soto Vilchis.
