The word process comes from proceed, a term that is equivalent in one of its meanings, to move forward or backward, a path to follow towards a proposed or determined end.
For the author Alessandri maintains that the process, "It is the aggregate of the written documents and actions that are successively presented and verified during the trial."
It is worth mentioning that the process.- It is the heterocompositive solution of a dispute, that is to say the impartial solution, in charge of a body of State authority; the judge, who intervenes at the request of one of the parties and whose authority derives from the rule of the State itself and the force of law.
As regards the procedure in general.- It is a set of acts related to each other by the unity of the final legal effect, which can be that of a process, that of a phase or its fragment.
Procedural Law
In an objective sense, it is usually designated “the set of legal norms and principles that regulate both the jurisdictional process and the integration and competence of the State bodies that intervene in it.
Procedural law from the legal point of view
It can be defined as the systematic study of the legal-procedural rules that are in force in a place and at a certain time.
Among the characteristics that are usually attributed to procedural law in terms of the set of legal norms, the following can be highlighted:
I. IT BELONGS TO PUBLIC LAW.- Insofar as it regulates the exercise of a State function, such as jurisdictional through the process. The judge as the head of the jurisdictional function of the State, conducts and resolves the process, in any field of law.
II. IT IS THE AUTONOMY Of the science of Procedural Law it has, with respect to the disciplines, that study the various branches of substantive law. Although the rules of procedural law regulate one of the means or instruments of application of the rules of substantive law.
Fundamental unit of the process
The division of the world into countries and the concept of sovereignty have resulted, due to the jurisdictional power of each State that empowers it to know and resolve with binding force for the parties the disputes arising within the scope of its competence. That they implement procedures to make it effective.
Procedural channels
I. ORDINARY VIA.- It is defined as a concatenated series of acts where the Court, in exercise of its jurisdictional power, resolves a dispute.
II. SPECIAL ROUTE.- In the opposite sense to the ordinary way and by exclusion it is the concatenated series of acts where the Court, in exercise of its jurisdictional power, resolves a controversy through a specific and particular procedure.
III. EXECUTIVE ROUTE.- It is the special procedure that begins with the seizure of assets owned by the defendant, to guarantee the results of the trial and, later, hear him in defense and resolve disputes with binding force for the parties.
IV. VIA ARBITRAL.- It is the special procedure for the administration of justice, alternative carried out before the judge, agreed by the parties in conflict and through which they submit to the knowledge of a third party who does not depend on the judicial power, but who by provision of the law is invested with jurisdictional power to act and settle the specific litigation with binding force.
V. SUMMARY ROUTE.- For the author Caravantes, it is understood as that procedure that does not follow the slow and solemn order of the ordinary trial, but rather shorter procedures, marked to agree on the urgency that he claims.
Limits of jurisdiction
It should be mentioned that the jurisdictional function usually has two limits:
- THE OBJECTIVES, Which are determined by the type of litigation that the judges may know of according to their competence. THE SUBJECTIVES.- That derive from the legal situation in which certain people are.
It should be noted that the subjective limits of jurisdiction are manifested in a preponderant way, although not exclusively, in criminal procedural law, through an institution known as immunity, this is only a transitory obstacle to the exercise of jurisdiction, established at favor of certain people, due to the function they perform, which may cease to exist at the end of the assignment or may be removed before this by the competent body for it.
Conflicts of jurisdiction
As the competence is an estimate of the validity of the process, the judge himself has the duty to verify in each litigation that arises, whether or not he has competence to hear about it.
Regardless of this duty of the judge, the parties have the right to challenge, the jurisdiction of the judge, the parties have the right to challenge, to object to questioning the jurisdiction of the judge for what is usually called competition issues to the media through which the parties object to the jurisdiction of the judge.
And traditionally it has been classified:
- DECLINATION.- It is a means of direct challenge, since it is promoted before the judge who is hearing the litigation, asking him to refrain from knowing it and send the file to the judge who is deemed competent. INHIBITORY.- It is an indirect route, by virtue of the fact that it is promoted before the judge who considers himself competent, asking him to address the one who is hearing the litigation and is considered incompetent, so that he inhibits and remits the file to the first.
Conflicts of jurisdiction
These occur when two judges declare themselves competent (positive conflict) or incompetent (negative conflict) to hear the same matter, and if the conflict of jurisdiction arises before two judges who have the court as their hierarchical superior, this will be the competent one to resolve it..
Exception in the criminal procedural laws, empower the incompetent judge who receives a consignment with detainee, to carry out all the actions included within the period of 72 hours provided in article 19 of the Political Constitution of the United Mexican States, including the Order that resolves the legal situation of the accused.
Impartiality of the judge
Unlike jurisdiction and competence, the impartiality of the judge is an essential condition for the exercise of the jurisdictional function, which must be satisfied not by the body itself, but by the person or persons who are head of it; the judge or magistrates.
Just as the parties are asked, as a condition to intervene in the process, to prove that they have a legal interest in the dispute, the judge and magistrates are required to be outside the interests of the parties; not have with these links; which are all those circumstances that may affect the impartiality of the judge.
When a cause of impediment is presented in a specific litigation, the judge or magistrate has the duty to excuse himself from hearing about it by stating the specific cause that affected his impartiality.
If the judge or magistrate does not excuse themselves, despite presenting a cause of impediment, the affected party may assert the challenge to denounce and prove said cause of impediment.
Concept of impediments
They are all those ties or circumstances that may affect the impartiality of the judge, such as kinship, friendship, professional ties, economic interest, etc.
An example of this as indicated by the Code of Civil Procedures for the State of Tlaxcala; judges, magistrates, secretaries, and experts have the duty to refrain from knowledge of business.
EXCUSES.- It is the reason or motive that the judge, magistrate or secretary asserts, to inhibit the knowledge of the trial.
The excuse will always be made except for cause, if there is no opposition from any of the parties, the files will be sent to the corresponding judge, and if there is opposition according to articles 232 and 220 of the CPCT; the magistrate in turn will know, in the case of judges of first instance, and in the case of a magistrate of the Court, the same Court will know, but without the presence of the challenged magistrate.
Who can challenge?
R = Only the parties and third parties that appear may challenge, in the process voluntarily or by court order and in each judicial business each party may challenge without cause and only once.
In what time can it be filed?
R = According to art. 189 and 199 CPCT, in any stage of the lawsuit, after the claim has been answered and until before the hearing for sentencing.
Effects it produces:
I. They suspend the jurisdiction of the public servant while it is qualified and decided, except as provided by article 198 CPCT.
Who does it interpose?
R = Before the same public servant who recused himself.
What tests are allowed?
R = All means of proof established by law.
There are two types:
1. With cause (incidental process and knows the hierarchical superior.
2. And without cause known to the same judge.
Structure and integration of the judiciary
The Supreme Court of Justice, which has the entire national territory as its spatial scope of application of its decisions and functions in full and in chambers.
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Structure and integration of the judiciary. ART. 1 LOPJF. FRACTIONS I - VII |
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SCJN.- It will be made up of 11 ministers and will function in plenary session and in rooms, so the president of the court will not be part of the room. Art. 2 LOPJF. |
The ministers of the court will last in their office 15 years, unless some permanent physical or mental disability occurs. Art. 8 LOPJF |
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ELECTORAL COURT art. 99 fracc. II LOPJF, functions as an autonomous body and is the highest electoral jurisdictional authority that depends on the Judicial Power of the Federation, which functions with a superior chamber and five regional chambers. Art. 185 |
Said appointment is at the proposal of the President of the Republic and its duration is 10 years and 8 years for the magistrates of the regional chambers. |
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COLLEGE CIRCUIT COURTS art. 94 of the Constitution, these courts are made up of three magistrates who share their responsibility in the resolution of legal matters submitted to their knowledge. |
Their decisions and mandates that they issue are in an area of application called a circuit, which includes certain states. |
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UNITARY CIRCUIT COURTS.- They work in the territorial area called circuit. |
They are made up of a circuit and are made up of a magistrate who will last in office for 6 years. |
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DISTRICT COURTS.- The holder is a judge who performs his duties in the jurisdictional area called district and this judge is known as a federal judge, and is competent in federal trials and amparo trials in criminal, administrative and labor matters.. |
That will last 6 years in your order. |
FEDERAL JURY OF CITIZENS.- institution that is contemplated in the CPEUM, in its art. 20 fraction VI. Solve on the situation of a person who is subjected to a process based on equity and conscience.
This body is made up of 7 citizens designated by lottery from a list of participants in which they must meet certain requirements of probity and honesty and be in full use of their rights and citizenship, in addition to being a neighbor for one year before the place. who will serve as a jury.
ART. 88 LOPJF COUNCIL OF THE FEDERAL JUDICATURE.- It is in charge of appointing, assigning and removing magistrates and judges as well as programming the budget of expenditure of the Judicial Power with the exception of that corresponding to the SCJN and the Electoral Tribunal of the Judicial Power of the Federation.
SUBSIDIARY BODIES OF THE FEDERAL JUDICIAL COUNCIL
The council of the federal judiciary will have the following auxiliary bodies:
I. The Unit for the Defense of the Federal Jurisdiction.
II. the Institute of the Judiciary.
III. the Judicial Vice Department.
IV. and the Comptroller of the Judicial Power of the Federation.
The Chambers of the Supreme Court of Justice of the Nation
They will be made up of five ministers, the presence of four being enough to function.
Operation of the SCJN prison
The plenary session will be made up of 11 ministers, but the presence of seven members will suffice for it to function, with the exception of the cases provided for in article 105 of the Constitution section I, penultimate paragraph and section II, which indicates what is related to constitutional controversies, with the exception of those referred to in electoral matters, as well as actions of unconstitutionality with a contradiction between the general norm and the Federal Constitution, as well as the declaration of resolutions.
Procedural budgets according to the doctrine
For the author, Oscar Von Bùlow explains that for the process to exist, it must have a procedural legal relationship, which is configured from certain elements that compose it, namely:
- Competition. Capacity of the parties. Legitimation of the representative.
Note: These are all called procedural estimates.
And in the absence of these elements there is no procedural legal relationship, and therefore there will be no process. Faced with the breach or lack of any procedural budget, the judge has the power to act ex officio or at the request of a party that is; through exceptions. When ruling, the judge must analyze if the procedural action exists and if it was correctly exercised, for this reason it is stated that in any process there must be two stages or phases:
I. FOCUSED ON THE EXAMINATION OF THE PROCEDURAL BUDGETS.- In other words, the procedural legal relationship.
II. FOR THE PURPOSE OF ANALYZING THE MATERIAL LITIGIOUS QUESTION.- That is to say, material legal relationship.
Procedural budgets prior to the process
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Regarding the subjects |
Regarding the object of the process |
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Competition |
That the litigation has not been resolved by a final - enforceable sentence, issued in a previous process. |
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Procedural capacity |
That the litigation is not pending resolution in a previous process |
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Representation |
That the action has not been exercised outside the term established by law. |
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Legitimation of the parties |
Procedural budgets prior to sentencing
I. Procedural route
II. Legal location.
III. Granting of adequate evidentiary opportunities for the parties.
IV. No expiration of the instance.
Jurisdiction concepts
Etymologically the word jurisdiction means "to say or declare the right" meaning that allows to give such expression a very broad meaning that includes both the legislative and the judicial power, since to say the right is to regulate social relations by creating or applying the law.
Jurisdiction according to the author Escriche.- It is the power or authority that someone has to govern and enforce the laws, and specifically the power that the judges have been vested in to administer justice, that is, to hear matters civil, or criminal, decide and sentence them in accordance with the laws.
The jurisdiction according to the author Gayo, is classified as:
I. CONTENTIOUS JURISDICTION.- The power relating to conflicts between individuals.
II. VOLUNTARY JURISDICTION.- The power relative to private relationships.
It should be mentioned that jurisdiction consists of knowing and adjudicating legal conflicts because they are elements that constitute jurisdiction.
Various meanings of the word jurisdiction
- TERRITORIAL SCOPE.- The function of the judge should not be confused with the territorial scope where it can be exercised. SYNONYM OF JURISDICTION.- One being different from the other since the first refers to the role of the judge and the second refers to the area within which they can exercise their functions. AS A SET OF JURISDICTIONAL BODIES.- In the same system or with competence in the same matter. As a publishing function of the administration of justice.
CLASSIFICATION OF THE JURISDICTION according to the Federal Constitution, it should be noted that the jurisdiction is public.
I. By reason of the subject.- Because whoever exercises it is a public person.
II. Local, which refers to the first and second instance.
III. And on a federal level; that is to say, a third instance.
Classification of the jurisdiction according to the Code of Civil Procedures of Tlaxcala:
1. Contentious.
2. Voluntary.
3. Mixed.
FEDERAL AND LOCAL JURISDICTION.
FEDERAL JURISDICTION.- Power conferred on the nation's judicial power to administer justice in matters submitted to its knowledge, mainly in the resolution of trials in federal matters by the district courts and the resolution of direct protection trials to charge of the collegiate circuit courts or the SCJN.
LOCAL JURISDICTION.- This jurisdiction is limited to the territory of each federative entity. Specifically first instance before the local judge and second instance before the Superior Court of Justice through appeal.
Contentious jurisdiction and voluntary jurisdiction.
THE CONTENTIOUS JURISDICTION.- It is the function that the judge performs in order to resolve a dispute, a controversy, a litigation.
THE VOLUNTARY JURISDICTION.- It is the function performed by the judge for any purpose other than that of contentious jurisdiction.
Types of competition:
- CONSTITUTIONAL JURISDICTION.- Referred to all authority, no one can be bothered in his person, family, domicile, papers or possessions except by virtue of an express command that is founded and motivated. Jurisdictional jurisdiction.- Faculty granted to the jurisdictional body to hear a certain matter, such is the case of objective and subjective jurisdiction.
Objective jurisdiction refers to the court, whereas subjective jurisdiction does not refer to the court but to the owner; that is to say, the natural person in charge of the administration of justice.
Impediments.
In accordance with article 185 of the Code of Procedures for the State of Tlaxcala, magistrates, judges, secretaries, experts, will be prevented from doing business that has a direct or indirect interest, whether or not their spouse, common-law partner or common-law wife is interested in the same way., their blood relatives in a straight line without limitation of degree, the collaterals within the fourth degree and fifth degree and the related ones within the second.
THE CHALLENGE.- It is a file or procedure so that the impeded judge, who has not excused himself, is separated from hearing the matter and according to our adjective legislation there is: challenge with cause and challenge without cause.
Criteria for determining competence.
I. BY REASON OF THE TERRITORY.- The competent judge according to article 153 CPCT is that of the place where the contract was signed and that of the location of the property.
II. BY REASON OF THE AMOUNT.- In some states, the jurisdiction of the justices of the peace or lower and first instance judges is set by the amount of the business.
III. BY REASON OF THE FUNCTION.- Due to the special activity entrusted to a court; for example the courts of first instance, second instance (Superior Court of Justice).
IV. BY CHOICE.- By the decision of the parties, the competent judge to whom the litigants have expressly or tacitly submitted.
V. BY REMISSION.- It takes place in cases in which, due to an excuse or challenge from a judge, the matters to which it corresponds in accordance with the law are turned over.
There is tacit submission to the jurisdiction of the judge:
- When the actor presents the claim to the judge. When the defendant answers the claim. When you give up. When an appeal is filed.
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Judicial districts in matters: criminal, civil and family |
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| judicial District |
Location |
Address |
Municipalities that comprise |
| Civil and Family Matters: | |||
| Courts 1 and 2 of Civil, and Family of the Judicial District of HIDALGO. | Tlaxcala, Tlax. | Libramiento Poniente s / n, Tlaxcala Tlax. | Tlaxcala de Xicohténcatl, Ixtacuixtla de Mariano Matamoros, Panotla, Tepetitla de Lardizábal, Totolac and Santa Ana Nopalucan. |
| 1st and 2nd Civil Courts, and Family Courts of the CUAUHTEMÓC Judicial District. | Apizaco, Tlax. | Av. Juárez No. 200 Esq. 16 de Sep.; Known Sun (Cereso, Apizaquito) | Apizaco, Cuaxomulco, Tocatlán, Tzompantépec, Xalóztoc, Xaltocan, Yauhquemehcan, San José Teacalco and San Lucas Tecopilco. |
| Civil Court, and Family Court of the Judicial District of JUÁREZ. | Huamantla, Tlax. | Juarez Park No. 15 | Huamantla, Altzayanca, Cuapiaxtla, El Carmen Tequexquitla, Ixtenco, Terrenate, Zitlaltépec de Trinidad Sánchez Santos, Emiliano Zapata and Lázaro Cárdenas. |
| Courts 1 and 2 of Civil, and Family of the Judicial District of LARDIZÁBAL Y URIBE. | Chiautem-pan, Tlax. | Ignacio Picazo Nte. No. 27, First floor local A and B. | Chiautempan, Amaxac de Guerrero, Apetatitlán by Antonio Carvajal, Contla de Juan Cuamatzi, Santa Cruz Tlaxcala, San Francisco Tetlanohcan and La Magdalena Tlaltelulco. |
| Civil Court, and Family Court of the Judicial District of MORELOS. | Tlaxco, Tlax. | Plaza de la Constitución No. 23 high. | Tlaxco, Atlangatepec, Muñoz de Domingo Arenas and Tetla de la Solidaridad. |
| Civil Court, and Family Court of the OCAMPO Judicial District. | Calpulalpan, Tlax. | Av. 5 de Mayo No. 30 esq. Insurgents. | Calpulalpan, Españita, Hueyotlipan, Nanacamilpa by Mariano Arista, Sanctórum by Lázaro Cárdenas and Benito Juárez. |
| Civil Court, and Family Court of the Judicial District of XICOHTÉN-CATL. | San Pablo del Monte, Tlax. | Av. Tlaxcala No. 2 Barrio de
San Bartolomé |
San Pablo del Monte, Mazatecochco from José María Morelos, Papalotla from Xicohténcatl and Tenancingo. |
| Civil Court, and Family Court of the ZARAGOZA Judicial District. | Zacatelco, Tlax. | Highway Tlaxcala - Puebla s / n | Zacatelco, Acuamanala de Miguel Hidalgo, Natívitas, Teolocholco, Tepeyanco, Tetlatlahuca, Xicohtzinco, Santa Apolonia Teacalco, Santa Cruz Quiléhtla, San Juan Huactzinco, Santa Catarina Ayometla, Santa Isabel Xiloxoxtla, San Damián Axoloc, San Jerónimo Zacualpan and San Lorenzo Zacualpan. |
| Specialized Court of Justice for Adolescents: | |||
| Execution Court in the delivery of Justice for Adolescents. | Tzompante-pec, Tlax. | Carr. Apizaco-Santa Cruz Secc. II San Andrés Ahuashuaste-pec
Tlaxcala - Puebla |
The entire state. |
| Specialized Court of Justice for Adolescents. | Tzompante-pec, Tlax. | Carr. Apizaco-Santa Cruz Secc. II San Andrés Ahuashuaste-pec
Tlaxcala - Puebla |
All state |
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Judicial districts in matters: criminal, civil and family |
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| judicial District |
Location |
Address |
Municipalities that comprise |
| Criminal matters: | |||
| 1st, 2nd, 3rd, 4th Criminal Courts of the Judicial District of GURIDI AND ALCOCER | Tlaxcala, Tlax. | Calle 8 s / n, Colonia La Loma (Annex to the cereso) | Tlaxcala, Acuamanala de Miguel Hidalgo, Amaxac de Guerrero, Apetatitlán de Antonio Carvajal, Ixtacuixtla de Mariano Matamoros, Chiautempan, Contla de Juan Cuamatzi, Mazatecochco de José María Morelos, Natívitas, Panotla, Papalotla de Xicohténcatl, San Cruz Tlax del Monte, Santa Cruz Tlaxcala, Tenancingo, Teolocholco, Tepetitla de Lardizábal, Tepeyanco, Tetlatlahuca, Totolac, Xicohtzinco, Zacatelco, Santa Apolonia Teacalco, Santa Cruz Quilehtla, San Juan Huactzinco, Santa Catarina Ayometla, Santa Isabel Xiloxoxtla, San Francisco La Texlalco Tetlanohcanami, San Francisco La Magdalena Tetlanohcanami, San Jerónimo Zacualpan, Santa Ana Nopalucan and San Lorenzo Axocomanitla. |
| 1st, 2nd, 3rd and 4th Criminal Courts of the Judicial District of SÁNCHEZ PIEDRAS | Apizaco, Tlax. | (Annex to Cereso) Apizaquito, Tlax. | Apizaco, Atltzayanca, Atlangatepec, Calpulalpan, Cuaxomulco, El Carmen Tequexquitla, Españita, Huamantla, Hueyotlipan, Ixtenco, Muñoz de Domin-go Arenas, Nanacamilpa by Mariano Arista, Sanc-torum by Lázaro Cárde-nasla, Terrena de la Solidaridad, Terrenate de la Solidaridad Tocatlán, Tzompantepec, Tlaxco, Xalostoc, Yauhquemeh-can, Zitlaltepec de Trini-dad Sánchez Santos, Cuapiaxtla, Xaltocan, San José Teacalco, Emiliano Zapata, Lázaro Cárdenas, San Lucas Tecopilco and Benito Juárez. |
ARTICLE 115. THE TERRITORY OF THE STATE OF VERACRUZ IS DIVIDED INTO THE FOLLOWING JUDICIAL DISTRICTS:
I. First District: Pánuco.
It includes the Municipalities of Pánuco, Pueblo Viejo, Tampico Alto and El Higo.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance and the Lower Mixed Court, both with residence in Pánuco.
In Civil Matters:
The 2nd Court of First Instance and the Lower Mixed Court, both with residence in Pánuco.
II. Second District: Ozuluama.
It includes the Municipalities of Ozuluama, Naranjos Amatlán, Citlaltépetl, Chinampa de Gorostiza, Tamalín, Tantima and Tancoco.
Exercises jurisdiction in that district:
In criminal and civil matters:
The Mixed Court of First Instance, with residence in Ozuluama.
III. Third District: Tantoyuca.
It includes the Municipalities of Tantoyuca, Chiconamel, Chalma, Chontla, Ixcatepec, Plaón Sánchez and Tempoal.
Exercises Jurisdiction in that district:
In criminal and civil matters:
The Mixed Court of First Instance, with residence in Tantoyuca.
IV. Fourth District: Huayacocotla.
It includes the Municipalities of Huayacocotla, Zacualpan, Ilamatlán and Texcatepec.
Exercises Jurisdiction in that district:
In criminal and civil matters:
The Mixed Court of First Instance, with residence in Huayacocotla.
V. Fifth District: Chicontepec.
It includes the Municipalities of Chicontepec, lxhuatlán de Madero, Benito Juárez, Tlachichilco and Zontecomatlán.
Exercises Jurisdiction in that district:
In criminal and civil matters:
The Mixed Court of First Instance, with residence in Chicontepec.
SAW. Sixth District: Tuxpan.
It includes the Municipalities of Tuxpan, Cerro Azul, Tamiahua, Álamo Temapache and Tepetzintla.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance and the Mixed Lower Court, both with residence in Tuxpan, and the 3rd Court of First Instance with residence in Álamo
In civil matters:
The 2nd Court of First Instance and the Lower Mixed Court, both with residence in Tuxpan.
VII. Seventh District: Poza Rica.
It includes the Municipalities of Poza Rica de Hidalgo, Cazones de Herrera, Castillo de Teayo, Tihuatlán and Coatzintla.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance and the 1st Minor Court, both with residence in Poza Rica.
In Civil Matters:
The 2nd and 4th First Instance Courts and the 2nd Minor Court, residing in Poza Rica.
VIII. Eighth District: Papantla.
It includes the Municipalities of: Papantla, Coahuitlán, Coxquihui, Coyutla, Chumatlán, Espinal, Filomeno Mata, Gutiérrez Zamora, Mecatlán, Tecolutla and Zozocolco de Hidalgo.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance and the Lower Mixed Court, both with residence in Papantla.
In civil matters:
The 2nd Court of First Instance and the Lower Mixed Court, both with residence in Papantla.
IX. Ninth District: Misantla.
It includes the Municipalities of Misantla, Colipa, Juchique de Ferrer, Martínez de la Torre, Nautla, San Rafael, Tenochtitlán, Vega de Alatorre and Yecuatla.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance, residing in Misantla.
In civil matters:
The 2nd Court of First Instance, with residence in Misantla; and the 4th Court of First Instance residing in Martínez de la Torre:
X. Tenth District: Jalacingo.
It includes the Municipalities of Jalacingo, Atzalan, Altotonga, Las Minas, Perote, Tlapacoyan and Villa Aldama.
Exercises Jurisdiction in that district:
In criminal and civil matters:
The Mixed Court of First Instance, with residence in Jalacingo.
XI. Eleventh District: Xalapa.
It includes the Municipalities of Xalapa, Pacho Viejo congregation of the Municipality of Coatepec, Acajete, Acatlán, Actopan, Alto Lucero, Banderilla, Coacoatzintla, Chiconquiaco, Emiliano Zapata, Jilotepec, Landero y Coss, Las Vigas de Ramírez, Naolinco, Miahuatlán, Rafael Lucio, Tatatila, Tepetlán, Tlacolulan, Tlalnelhuayocan and Tonayán.
They exercise jurisdiction in that district:
In criminal matters:
The 1st and 3rd Court of First Instance with residence in Pacho Viejo and the 1st and 3rd Minors Courts, with residence in Xalapa.
In civil matters:
The 2nd, 4th and 6th First Instance Courts and the 2nd and 4th Minors Courts, all with residence in Xalapa.
XII. Twelfth District: Coatepec.
It includes the Municipalities of Coatepec, Apazapan, Ayahualulco, Cosautlán de Carvajal, Lxhuacán de los Reyes, Jalcomulco, Teocelo and Xico.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance, residing in Coatepec.
In Civil Matters:
The 2nd Court of First Instance, residing in Coatepec.
XIII. Thirteenth District. Huatusco.
It includes the Municipalities of Huatusco, Alpatláhuac, Calcahualco, Comapa, Coscomatepec, lxhuatlán del Café, Sochiapa, Tenampa, Tepatlaxco, Tlacotepec de Mejía, Tlaltetela, Totutla and Zentla.
Exercises Jurisdiction in that district:
In criminal and civil matters:
The Mixed Court of First Instance, with residence in Huatusco.
XIV. Fourteenth District: Córdoba.
It includes the Municipalities of Córdoba. Amatlán de los Reyes, Atoyac, Camarón de Tejeda, Carrillo Puerto, Coetzala, Cuichapa, Cuitláhuac, Chocamán, Fortín, Naranjal, Omealca, Paso del Macho, Tezonapa, Tomatlán, Yanga and the Ayojapa congregation of the Municipality of Zongolica.
They exercise jurisdiction in that district:
In criminal matters:
The 1st and 3rd Court of First Instance and the 1st Minor Court, all with residence in La Toma, Municipality of Amatlán de los Reyes.
In Civil Matters:
The 2nd and 4th First Instance Courts and the 2nd Minor Court, all with residence in Córdoba.
XV. Fifteenth District: Orizaba.
It includes the municipalities of Orizaba, Acultzingo, Aquila, Atzacan, Camerino Z. Mendoza, San Andrés Tenejapa, Huiloapan de Cuauhtémoc, lxhuatlancillo, Ixtaczoquitlán, La Perla, Maltrata, Mariano Escobedo, Nogales. Rafael Delgado, Río Blanco, Soledad Alzompa and Tlilapan.
They exercise jurisdiction in that district:
In criminal matters:
The 1st and 3rd Court of First Instance and the 1st Minor Court, all with residence in Orizaba.
In Civil Matters:
The 2nd and 4th First Instance Courts and the 2nd Minor Court, all with residence in Orizaba.
XVI. Sixteenth District: Zongolica.
The Ayojapa congregation, of the Municipality of Zongolica, is excepted, which is included within the jurisdiction of the Fourteenth District.
It includes the Municipalities of Zongolica, Atlahuilco, Astacinya, Los Reyes, Magdalena, Mixtla de Altamirano, Tehuipango, Tequila, Texhuacán, Tlaquilpa, Xoxocotla
XVII. Seventeenth District: Veracruz
It includes the Municipalities of Veracruz, Alvarado, La Antigua, Boca del Río, Cotaxtla, Medellín, Paso de Ovejas, National Bridge, Soledad de Doblado, Ignacio de la Llave, Tlalixcoyan, Jamapa, Manlio Fabio Altamirano and Úrsulo Galván.
Exercises Jurisdiction in that district:
In criminal and civil matters:
The Mixed Court of First Instance, with residence in Zongolica.
XVIII. Eighteenth District: Cosamaloapan.
It includes the Municipalities of Cosamaloapan, Carlos A. Carrillo, Acula, Amatitlán, Chacaltianguis, Ixmatlahuacan, Otatitlán, José Azueta, Santiago Sochiapan, Tierra Blanca, Tlacotalpan, Tlacojalpan, Tres Valles, Tuxtilla and Playa Vicente.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance and the Lower Mixed Court, both with residence in Cosamaloapan.
In civil matters:
The 2nd Court of First Instance and the Mixed Minor Court, both with residence in Cosamaloapan, and the 4th Court of First Instance with residence in Tierra Blanca.
XIX. Nineteenth District: San Andrés Tuxtla.
It includes the Municipalities of San Andrés Tuxtla, Ángel R. Cabada, Catemaco, Hueyapan de Ocampo, Juan Rodríguez Clara, Lerdo de Tejada, Saltabarranca, Santiago Tuxtla and Isla.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance and the Lower Mixed Court, both with residence in San Andrés Tuxtla.
In civil matters:
The 2nd Court of First Instance and the Lower Mixed Court, both with residence in San Andrés.
It includes the Municipalities of Acayucan, Mecayapan, Oluta, San Juan Evangelista, Sayula de Alemán, Soconusco, Soteapan, Texistepec, Jáltipan and Jesús Carranza.
They exercise jurisdiction in that district:
In criminal matters:
The 1st Court of First Instance and the Lower Mixed Court, both with residence in Acayucan.
In civil matters:
The 2nd Court of First Instance and the Lower Mixed Court, both with residence in Acayucan.
XXI. Twenty-First District: Coatzacoalcos.
It includes the Municipalities of Coatzacoalcos, Tatahuicapan de Juárez, Uxpanapa, Agua Dulce, Cosoleacaque, Chinameca, Las Choapas, Hidalgotitlán, Lxhuatlán del Sureste, Minatitlán, Moloacán, Nanchital de Lázaro Cárdenas del Río, Oteapan, Pajapan and Zaragoza.
They exercise jurisdiction in that district:
In criminal matters:
The 1st and 3rd Court of First Instance and the 1st Minor Court, with residence in Coatzacoalcos; and the Mixed Juvenile Court with residence in Minatitlán
In civil matters:
The 2nd and 6th Court of First Instance and the 2nd Minor Court, with residence in Coatzacoalcos; and the 4th Court and the Lower Mixed Court, residing in Minatitlán.
XX. Twentieth District: Acayucan.
Parties to the civil process:
I. Actor
II. And sued.
In criminal proceedings
I. The accused
II. Public ministry.
CONCEPT OF PARTIES.- Said denomination indicates the persons between whom the litigation is involved.
THE PROCEDURAL CAPACITY.- It is a condition to act in the trial and has been equated with the capacity to exercise, in addition to the fact that the procedural capacity is the legal power granted by the laws to exercise the procedural action before the courts, due to the guarantee recognized by article 17 of the Federal Constitution, when mentioning that everyone has the right to have justice administered by courts that will be previously expedited to impart it.
PROCEDURAL LEGITIMATION.- It is the possibility of assuming the figure of a party in the process, as the holder of the right of contradiction.
BIBLIOGRAPHY
info4.juridicas.unam.mx/ijure/fed/5/default.htm?s=
Code of civil procedures for the state of Tlaxcala.
