Provisional injunction: a sworn statement alone does not prove the challenged act
Provisional suspension. Statements made under oath in the amparo complaint are, by themselves, insufficient to establish the existence of the challenged act under article 128, section I, of the Amparo Law.
Official heading (Spanish): SUSPENSIÓN PROVISIONAL. SON INSUFICIENTES, POR SÍ SOLAS, LAS MANIFESTACIONES REALIZADAS BAJO PROTESTA DE DECIR VERDAD EN LA DEMANDA DE AMPARO PARA TENER POR EXISTENTE EL ACTO RECLAMADO EN TÉRMINOS DEL ARTÍCULO 128, FRACCIÓN I, DE LA LEY DE AMPARO.
The ruling
A company amended its amparo complaint to challenge municipal authorities' failure to close a gas station operating without a fuel retail permit, and requested a suspension. The Collegiate Circuit Court held that, when ruling on a provisional suspension, statements made under oath are not enough on their own to establish that the challenged act exists.
Our take
Article 128, section I, of the Amparo Law requires certainty, imminence or at least a reasonable presumption that the act exists. This ruling is a reminder that a sworn statement does not replace those elements. In practice, many urgent complaints are filed with little documentary support, relying on the sworn narrative. The risk is losing provisional relief exactly when it matters. We recommend attaching any objective evidence available: official letters, photographs, inspection records, emails or notarized statements. The standard remains preliminary, but it cannot rest on the petitioner's word alone.
What to do
- Attach at least one piece of objective evidence that the act exists or is imminent.
- Prepare a minimum evidence file in matters where urgent injunctive relief is likely.
- Consider a notarized record of facts when the act is physical and undocumented.
Details
- Court
- Collegiate Circuit Court
- Type
- Isolated precedent
- Identifier
- III.7o.A.2 K (12a.)
- Digital registry
- 2032726
- Published
- October 2, 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.