Amparo against an assisting court's ruling goes to the court of the assisted one
Territorial jurisdiction in indirect amparo. It lies with the Collegiate Appellate Court having jurisdiction over the assisted court when the challenged ruling was issued by a peer court acting under auxiliary jurisdiction.
Official heading (Spanish): COMPETENCIA POR TERRITORIO EN AMPARO INDIRECTO. CORRESPONDE AL TRIBUNAL COLEGIADO DE APELACIÓN CON JURISDICCIÓN SOBRE EL ÓRGANO AUXILIADO, CUANDO LA RESOLUCIÓN RECLAMADA PROVIENE DE SU HOMÓLOGO QUE ACTUÓ EN FUNCIÓN DE UNA COMPETENCIA AUXILIAR.
The ruling
Courts disagreed on which Collegiate Appellate Court should hear an indirect amparo against an appellate judgment issued by a peer court acting in an auxiliary capacity. The SCJN held that jurisdiction lies with the court that oversees the assisted court, because the assisting body steps into the assisted court's shoes and its jurisdiction is limited to that court's own.
Our take
This is a procedural ruling, but it prevents a costly mistake: filing the amparo before the wrong court and losing time in jurisdictional disputes. When an appellate judgment comes from a court acting in an auxiliary capacity, the reference point for the amparo is the court originally competent, not the one that signed. We agree: administrative assistance between courts should not move the natural forum of a case. For companies litigating federal appeals, the advice is simple: always check the heading and recitals of the ruling to see whether assistance was involved and under which order.
What to do
- Check whether the appellate judgment was issued by a court acting on behalf of another.
- File the indirect amparo with the Collegiate Appellate Court overseeing the assisted court.
- Cite the assistance order in the complaint to head off jurisdictional objections.
Details
- Court
- SCJN Plenary
- Type
- Binding precedent (jurisprudencia)
- Identifier
- P./J. 97/2026 (12a.)
- Digital registry
- 2032190
- Published
- May 29, 2026
- Area
- Amparo and constitutional
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.