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Witness interrogation model

The following interrogation consists of a mere orientation of how some direct questions
can be formulated orally when uncovering testimonial evidence, regarding a usucapion
trial.

After the witness is questioned by the Court regarding his generals and the legal protest
is taken, the offerer of the evidence may proceed to ask, among others, the following
questions:

AT THE FIRST.- The witness will say if he knows his presenter, and if so, what his full
name is.

TO THE SECOND.- The witness will say how long he has known his presenter.

TO THE THIRD.- The witness will say where he met his presenter.

TO THE FOURTH.- The witness will say if he knows the property that is the subject of
this trial.

TO THE FIFTH.- The witness will say, if he knows it and it is clear to him, what is the
address where the property that is the subject of this trial is located.

TO THE SIXTH.- The witness will say, if he knows it and it is clear to him, what are
the measurements and boundaries of the property that is the subject of this trial.

TO THE SEVENTH.- The witness will say who is the owner of the property that is the
subject of this trial.

TO THE EIGHTH.- The witness will say, if he knows it and it is clear to him, since
when Mr. XXXXXXXXXX, referred to by the witness, is the owner of the property that
is the subject of this trial.

TO THE NINTH.- The witness will say, if he knows it and it is clear to him, what is the
title with which Mr. XXXXXXXXXX is held, with respect to the property that is the
subject of this trial.

TO THE TENTH.- The witness will say, if he knows it and it is clear to him, whether
Mr. XXXXXXXXXXXXXX entered into some type of contract at the time of obtaining
possession of the property that is the subject of this trial.

TO THE ELEVENTH TIME.- Etc.

TO THE TWELFTH.- Etc.

TO XXXXXXXX.- The witness will tell the reason for his statement, that is, because he
knows and knows what he has declared.
For the interrogation of witnesses in the Federal District, what is established in articles
358 to 369 of the Code of Civil Procedures for the Federal District must be and always
taken into account:

Article 358.- The judge may, depending on the circumstances, receive the testimony of
witnesses over seventy years of age and those who are sick in their homes in the
presence of the other party, if they attend.

Article 359.- To the President of the Republic, to the Secretaries of State, to the heads
of decentralized public organizations or companies with majority state participation,
federal or local, to the Governor of the Bank of Mexico, senators, deputies, assembly
members, magistrates, judges, generals with command, the first political authorities of
the Federal District, their declaration will be requested by official letter, and in this way
they will render it. In urgent cases they may give statements in person.

Article 360.- No written interrogatories will be presented for the examination of


witnesses. The questions will be formulated verbally and directly by the parties,
they will have a direct relationship with the controversial points and will not be
contrary to law or morality. They must be conceived in clear and precise terms,
ensuring that no more than one fact is understood in a single document. The judge
must ensure that these conditions are met by preventing questions that contradict them.
The only appeal against the dismissal of questions is the return effect.

Article 361.- The protest and examination of witnesses will be done in the presence of
the parties that attend. The person presenting the evidence will be questioned and then
the other litigants will be questioned.

Article 362.- Notwithstanding the provisions of the previous articles, when the witness
resides outside the Federal District, the prominent person must, when offering the
evidence, present their interrogatories with the respective copies for the other parties,
who within three days may present their cross-examinations. For the examination of
these witnesses, an appeal will be issued that will include, in a closed document, the
questions and cross-questions.

Article 362bis.- When the release of testimonial evidence or a party's statement is


requested to take effect in a foreign proceeding, the declarants may be interrogated
verbally and directly under the terms of article 360 of this Code. To do this, it will be
necessary to prove to the relief court that the facts that are the subject of the
interrogation are related to the pending process and that there is a request from the party
or the requesting authority.

Article 363.- After taking the witness's protest to conduct themselves truthfully and
warning them of the penalties incurred by false witnesses, the name, age, state, address
and occupation will be recorded; if he is related by blood or affinity and to what degree,
of any of the litigants; if he is a dependent or employee of the person presenting it, or
has a partnership or some other relationship of interest with him; if he has a direct or
indirect interest in the lawsuit, if he is a close friend or enemy of any of the litigants.
Next we will procede to the exam.
Article 364.- The witnesses will be examined separately and successively, without
some being able to witness the statements of the others. To this end, the judge will set a
single day for the witnesses who must testify to appear, and will designate the place
where they must remain until the conclusion of the proceedings, except as provided in
articles 358 to 360. If it is not possible to complete the examination of the witnesses in a
single day, the procedure will be suspended to continue. wear it the next day.

Article 365.- When the witness fails to answer a point or has incurred a contradiction,
or has expressed himself with ambiguity, the parties may draw the attention of the judge
so that he, if he deems it appropriate, may demand the witness provide the appropriate
clarifications.

Article 366.- The court will have the broadest power to ask the witnesses and the parties
the questions it deems conducive to the investigation of the truth regarding the
controversial points.

Article 367.- If the witness does not know the language, he or she will give his or her
statement through an interpreter, who will be appointed by the judge. If the witness
requests it, in addition to recording his statement in Spanish, it may be written in his
own language by him or by the interpreter.

Article 368.- The answers of the witness will be recorded in the records in such a way
that at the same time the meaning or terms of the question asked are understood. Except
in exceptional cases, at the discretion of the judge, in which he will allow the question
to be written verbatim and then the answer.

Article 369.- Witnesses are obliged to give the reason for their statement and the judge
must demand it in all cases.

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