One of the most significant changes introduced by the so-called Judicial Reform was the modification of the internal structure of the Supreme Court of Justice of the Nation (“SCJN”), particularly the elimination of the two Chambers (Salas) that previously composed the Court. As a result, the SCJN now operates solely in Full Court (En Banc).
Accordingly, on September 4, 2025, the “Rules of Sessions of the Supreme Court of Justice of the Nation and of the Preparation of Case Lists with Draft Rulings” (the “Rules”) were published in the Official Federal Gazette. The most relevant aspects of the Rules are summarized below:
1. Purpose. The purpose of the Rules is to regulate how sessions of the SCJN’s Full Court are to be conducted, including the organization of the agenda, debate methods, and scheduling of matters for discussion.
2. Types and Modalities of Sessions. Sessions of the SCJN’s Full Court may be held in the following modalities:
a) Public Sessions. Which include:
(i) Ordinary Sessions. Held on working days during the two periods established by the Organic Law of the Federal Judiciary.
(ii) Extraordinary Sessions. Convened when necessary, even during recess periods, upon request of any Justice.
(iii) Solemn Sessions. Held for ceremonial or formal events.
b) Private Sessions. Held only in exceptional circumstances, when the Chief Justice together with the Justices deem it appropriate to discuss confidential or sensitive matters, in accordance with the Organic Law of the Federal Judiciary.
3. Methodology for Conducting Sessions.
a) Opening and Verification of Quorum. At the beginning of each session, the General Secretariat of Agreements shall verify the attendance of all Justices. A quorum must be confirmed in order to proceed with the discussion of the matters on the agenda.
b) Reading and Approval of the Previous Minutes. Once the quorum is confirmed, the minutes of the previous session will be read and approved, unless objections are raised, in which case immediate approval may be postponed.
c) Presentation of Matters. The General Secretariat of Agreements will present the matters listed on the agenda in the previously published order. However, this order may be modified during the session with the approval of a simple majority of the Court, upon request by any Justice.
d) Debate and Voting on Draft Rulings.
(i) Interventions. Justices will have a limited time to present their views, organized as follows:
First Round: Each Justice will have seven (7) minutes to present their arguments. The Reporting Justice may respond for up to five (5) minutes.
Second Round: Each Justice may intervene for up to five (5) minutes. The Reporting Justice may respond for up to three (3) minutes.
Additional Rounds: In exceptional cases, the Chief Justice may authorize additional rounds with pre-established speaking times.
(ii) Rules. Interrupting a speaking Justice is prohibited. Justices may request that the debate be continued in a subsequent session if the matter cannot be resolved during the current one.
(iii) Voting. Once interventions conclude, the Chief Justice will ask the Court whether the matter has been sufficiently discussed. Voting will then proceed, either by economic vote (show of hands) or by nominal vote (roll call).
(iv) Closing of the Session. Once all matters have been discussed, the Chief Justice will declare the session closed. If some matters remain unresolved, the session may be continued the next day or rescheduled by a simple majority vote.
4. Dates and Organization of Sessions. Sessions will be held from Monday to Thursday, with an organized schedule to address different types of cases based on subject matter:
a) Mondays and Tuesdays:
(i) Constitutional Controversies.
(ii) Actions of Unconstitutionality.
(iii) General Declarations of Unconstitutionality.
(iv) Contradictions of Precedent.
(v) Cases related to the rights of Indigenous and Afro-Mexican peoples and communities.
b) Wednesdays: Civil and criminal matters, excluding those already assigned to Monday and Tuesday.
c) Thursdays: Administrative and labor matters.
Each session will begin with a special segment to address petitions regarding attraction powers (facultad de atracción) and reconsideration of jurisdiction (reasunción de competencia).
5. Case Lists and Draft Rulings. Each matter must be listed at least three days prior to the session date (not counting the date of publication or the session itself). The list must be published through the relevant digital platform and displayed on the SCJN’s bulletin boards.
6. Substitution and Withdrawal of Draft Rulings. Draft rulings may be modified up to one day before the session, to correct errors or clarify non-substantive points. If a draft must be withdrawn, it must be rescheduled for discussion within a maximum period of thirty (30) calendar days.