Article 836-D Federal Labor Law
TITLE FOURTEEN. Labor Procedural Law · CHAPTER XII. On Evidence · Section Nine. On the Elements Provided by the Advances of Science.
Current text · last reform published in the Official Gazette of the Federation (DOF) on 14 May 2026
In the taking of the evidence of electronic means, the following rules shall be observed:
I.The Court shall designate the official expert or experts required, in order to determine whether the information contained in the digital document is complete and unaltered, just as it was generated from the first moment, locating it in time and space between the sender and addressee.
The Court may commission the court clerk so that, associated with the designated expert or experts, they attest to the place, date and hour in which the medium in which the digital document is contained is made available to them.
In the case of electronic payment receipts, the Court shall designate a certifying official to consult the link or links provided by the party offering the evidence, where the Digital Tax Receipts by Internet or CFDI are found, compare their content, and if they coincide, they shall be deemed perfected, unless proven otherwise.
II.If the digital document or electronic medium is in the possession of the offering party, it must make available to the designated expert or experts the means necessary to issue their expert opinion, with the warning that if it does not do so the evidence shall be declared waived.
III.If the digital document or electronic medium is in the possession of the opposing party, it must likewise be made available to the designated expert or experts, with the warning that in case of not doing so, the presumption shall be established that the facts stated by the offering party are true, in relation to the digital document.
IV.If the digital document or electronic medium is in the possession of a third party, the latter has the obligation to make it available to the Court, under the warnings established in article 731 of this Law.
For the purposes of this article, the provisions of Section Five of this Chapter, relating to expert evidence, shall be observed.
V.The parties and the members of the Court may ask the designated expert or experts the questions they deem convenient.
For the taking of the evidence referred to in this article, the Court may at all times avail itself of the human and technological elements necessary to better provide.