Article 813 Federal Labor Law
TITLE FOURTEEN. Labor Procedural Law · CHAPTER XII. On Evidence · Section Four. On the Testimonial
Current text · last reform published in the Official Gazette of the Federation (DOF) on 14 May 2026
All those who have knowledge of the facts that the parties must prove are obliged to testify as witnesses.
The party that offers testimonial evidence must comply with the following requirements:
I.Only a maximum of three witnesses may be offered for each controverted fact that is intended to be proven;
II.It shall indicate the names and domiciles of the witnesses; when there is an impediment to presenting the witnesses directly, a request must be made to the Court to summon them, stating the justified cause or reason that prevents it, in which case it must provide their domicile and, should these be incorrect, the presentation of the witness shall be the responsibility of the offering party;
III.If the witness resides outside the place of residence of the Court, the offering party must, when offering the evidence, attach a written interrogatory, according to which the witness must be examined, and exhibit copies for each of the parties; if it does not do so, the evidence shall be declared waived. The copies of the interrogatory shall be made available to the other parties, so that within the term of three days they present their set of cross-questions in a sealed envelope.
The Court shall issue a letter rogatory, attaching, in a sealed and closed envelope, the interrogatories, where applicable previously qualified; a copy of which must be made and kept in the secrecy of the Court, so that it may be taken by the requested court.
Notwithstanding the foregoing, if there is no technical or material impediment, the court may order that the taking of the evidence be rendered remotely, through videoconference, when possible, for which the requested court must ensure that the witness is in the courtroom that it designates for carrying out said evidence;
IV.When the witness is a public official, from the level of Direction or similar, they shall render their declaration by means of an official letter in the form of a report, observing the provisions of this article insofar as applicable.