Defective service? Challenge it before filing the direct amparo
Ruling that upholds a motion to annul service of notice. It does not affect the dismissal of a direct amparo complaint as untimely if the notice was valid when the complaint was filed.
Official heading (Spanish): RESOLUCIÓN QUE DECLARA FUNDADO UN INCIDENTE DE NULIDAD DE NOTIFICACIONES. NO INCIDE EN EL DESECHAMIENTO DE UNA DEMANDA DE AMPARO DIRECTO POR EXTEMPORÁNEA, SI AL MOMENTO EN QUE ÉSTA SE PRESENTÓ, LA NOTIFICACIÓN ERA VÁLIDA.
The ruling
The presiding judge of a Collegiate Circuit Court dismissed a direct amparo as untimely. On appeal (reclamación), the complainant argued the notice used to compute the deadline was unlawful and that a later motion to annul it had been upheld. The court held that outcome does not change the computation, because when the complaint was dismissed the notice was valid and unchallenged.
Our take
The precedent sets an order: first challenge the notice, then file the amparo, or do both at once. A party that files late, counting on annulling the notice afterwards, loses the case. It applies to any direct amparo, including those against TFJA or labor court judgments. We find it rigid where the notice was truly unlawful, but it is the rule this court now applies. When the notice date is in doubt, compute the deadline from the earliest possible date.
What to do
- Review the lawfulness of every judgment notice as soon as it is received.
- File the motion to annul service before the direct amparo, or together with it.
- Compute the filing deadline from the earliest date the authority could argue.
Details
- Court
- Tribunales Colegiados de Circuito
- Type
- Isolated precedent
- Identifier
- III.1o.T.1 K (12a.)
- Digital registry
- 2032823
- Published
- October 23, 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.