Notice on the Judicial Branch labor suspension.
(GENERAL AGREEMENT 6/2020)
April 13, 2020 / COVID-19 / Litigation
SUSPENSION OF PROCEDURAL DEADLINES AND TIME LIMITS
On March 13, 2020, the Federal Judiciary Council (CJF) issued the General Agreement 6/2020, which amends and adds agreement 4/2020 regarding new contingencies measures in all federal courts and offices due to the health phenomenon caused by COVID-19.[1]
The Agreement amends Articles 1, 3, and 4, Sections I, II, V, VI, and 9; and Transitory Article 2 and 5; and adds General Agreement 4/2020, Article 4 Section VII and IX, which purposes are the following:
- Total suspension for activities in courts and offices of the Federal Judicial Power from March 18 to May 5, 2020, except for the following cases:
- Courts and offices on guard, exclusively for urgent matters, in accordance with the calendar established for such effects.[2]
- Courts and offices that must follow up urgent determinations.
All Unit Courts on guard are enabled for them to know about the matters derived from the Federal Criminal Justice Centers.
- Courts and offices will abide by the following:
- All persons who are over the age of 60 or present the following medical conditions must be exempt from performing guards physically: pregnancy, puerperium, breastfeeding, diabetes, high blood pressure, heart diseases, chronic pulmonary diseases, cancer, immunosuppression, or kidney or hepatic failure.
- More than half the staff cannot work in person.
- If necessary, the in-person work schedule will be from 9:00 am to 3:00 pm, and, at the extent possible, working from home must be the primary choice.
- Urgent process matters outside the aforementioned schedule can be presented.
- Regarding urgent matters: guard judicial bodies will only handle the matters established in Amparo Action Law, Article 15, and the General Agreement for the CJF Plenary (Acuerdo General del Pleno del CJF), Article 48, which establishes the provisions in administrative activity matters for judicial bodies.
To determine if a matter is urgent, the judges, in their free will, will analyze the human rights at stake, the transcendence of their future transgression, and the consequences derived from the contingency period conclusion, which extension and ramifications are different from a simple recess.[3]
- The heads of judicial bodies on guard:
- Are not excluded from covering guards
- Are not obliged to physically stay in the judicial body, except those who must conduct hearings under the immediacy principle pursuant to the National Law on Criminal Enforcement.
- Cannot leave their jurisdiction without prejudice to resolve matters remotely within their competence.
- If, according to the holders of the judicial body, the staff is not sufficient, they may request the commission of somebody to temporarily assist the requesting body.
Agreement 6/2020 should be read together with the CJF Plenary Session, Agreement 4/2020. More specifically, the content part that was not amended. In this sense, according to Article 2, during the suspension period between March 18 and May 5, 2020, procedural deadlines and time limits will not run.
[1]https://www.cjf.gob.mx/resources/index/infoRelevante/2020/pdf/AcuerdoGeneral6_2020.pdf
[2]Consult guard schedules on the following link:
https://www.cjf.gob.mx/resources/index/infoRelevante/2020/pdf/anexocontingencia0420.pdf
[3]See Circular SECNO/4/2020 and SECNO/5/2020.