If the court's presiding judge ignores your filing, a reclamación appeal lies
Reclamación appeal. It is available against the failure of the presiding judge of a Collegiate Circuit Court to rule on a filing or submission.
Official heading (Spanish): RECURSO DE RECLAMACIÓN. PROCEDE CONTRA LA OMISIÓN DE LA PRESIDENCIA DE UN TRIBUNAL COLEGIADO DE CIRCUITO DE PROVEER SOBRE UNA PROMOCIÓN O ESCRITO.
The ruling
A party filed a reclamación appeal because the presiding judge of a Collegiate Circuit Court failed to process another reclamación filed within a recusal proceeding. The court held that, although article 104 of the Amparo Law refers only to procedural orders, the appeal also lies against failures to rule, in light of article 17 of the Constitution and the right to effective judicial protection.
Our take
Judicial inaction is also something you can challenge. This precedent extends the reclamación appeal to omissions by a Collegiate Circuit Court's presiding judge, in line with binding precedent allowing a complaint when a judge delays judgment. For companies with stalled amparo cases, it offers a tool to move the file without relying on informal follow-up. Our view: use it with tact. Before filing, document the date of the submission and the time elapsed, and consider whether a direct inquiry would be faster.
What to do
- Track the filing date of every submission awaiting a ruling before Collegiate Circuit Courts.
- For prolonged inaction, assess a reclamación appeal based on this precedent and article 104.
- Ask outside counsel for a periodic report of submissions still awaiting a ruling.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- IV.2o.A.5 K (12a.)
- Digital registry
- 2032602
- Published
- September 4, 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.