Court vacation days do not count toward the deadline to appeal a stay ruling
Computation of the deadline to file a review appeal against the ruling on the definitive suspension. Days of the District Court's vacation period must be excluded.
Official heading (Spanish): CÓMPUTO DEL PLAZO PARA INTERPONER EL RECURSO DE REVISIÓN CONTRA LA RESOLUCIÓN QUE DECIDE SOBRE LA SUSPENSIÓN DEFINITIVA. DEBEN EXCLUIRSE LOS DÍAS CORRESPONDIENTES AL PERIODO VACACIONAL DEL JUZGADO DE DISTRITO.
The ruling
Collegiate Circuit Courts disagreed on whether a District Court's vacation days count toward the 10-day deadline under article 86 of the Amparo Law to appeal a definitive stay ruling. The Regional Plenary Court ruled, in binding precedent (jurisprudencia), that they must be excluded, because ordinary operations are suspended and the vacation duty court has no power to receive or process that appeal.
Our take
A calendar precedent that prevents costly mistakes. The doubt was real: the vacation duty court accepts certain filings, and some courts counted those days. The Regional Plenary Court resolves it in favor of certainty: they do not run for an appeal against the definitive stay. Even so, our recommendation is conservative. The precedent binds the region of the issuing Plenary Court, and internal rules may change. Filing within the shortest possible window remains the best protection, especially when interim relief is at stake.
What to do
- Exclude court vacation periods when computing the article 86 deadline, and document the calculation.
- Even so, file the appeal before the vacation period when possible.
- Confirm the Regional Plenary Court's region and the internal rules in force for the court.
Details
- Court
- Regional Plenary Courts
- Type
- Binding precedent (jurisprudencia)
- Identifier
- PR.A.C.CN. J/7 K (12a.)
- Digital registry
- 2032618
- Published
- September 11, 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.