Sunday, November 10, 2013
PMSJ and DMSJ - Acronyms for Summary Judgment Motions (MSJs)
LAWYER LINGO AND ACRONYMS RELATED TO SUMMARY JUDGMENT MOTIONS
MSJ, PMSJ, DMJS ... What's that all about?
In litigation, MSJ stands for motion for summary judgment, sometimes also rendered as MFSJ, i.e. with the 'F' for the word 'for' also included in the acronym.
PMSJ and DMSJ are sub-types of the parent category MSJ. A PMSJ is a motion for summary judgment filed by the Plaintff; a DMSJ is a motion filed by the Defendant. These labels only identify the movant and reveal nothing about the nature of the motion or its basis or bases (plural).
Abbreviations such as MSJ, PMSJ, and DMSJ are very useful for handwritten notes, electronic messaging, and as file names for documents on computers; but they may also spill over into actual lawyer talk (or talk by law office staff).
Standing by themselves, the abbreviations PMSJ and DMSJ do not indicate whether the motion for summary judgment is of the matter-of-law type (traditional motion for summary judgment under RuleTex. R. Civ. P. 166a(c) or a no-evidence motion under Rule 166a(i), unless the extension -TRAD and -NE are added.
Litigation guides and manuals also use such abbreviations, for reasons of space and economy. It saves ink and paper. Given their target audience, the authors and publishers do not have to worry about the readers/users not understanding them, but will include a glossary or legend, or a prefatory note on "conventions" and "usage", in any event.
Tex. R. Civ. P 166a - THE SUMMARY JUDGMENT RULE IN TEXAS STATE COURTS
All motions for summary judgment in Texas courts (not federal courts, which have their own summary judgment rule under the federal rules of procedure) are governed by Rule 166a of the Texas Rules of Procedure; cited as Tex. R. Civ. P. 166a. Click hotlink for separate post on the Texas MSJ Rule.
RELATED TOPICS AND LINKS TO OTHER POSTS
The summary judgment rule in litigation in Texas courts
Traditional summary judgment motions by Plaintiffs in debt litigation
Summary judgment motion by Defendant against the Plaintiff
Traditional Motion for Summary Judgment vs. No-evidence Motion
Summary Judgment Evidence: Affidavits and Documents
Evidentiary objections to summary judgment exhibits and affidavits in debt collection suits
Responding to a motion for summary judgment with a client affidavit
Countering an attorney fee affidavit file in support of Plaintiff's motion for summary judgment
Motion for summary judgment based on deemed admissions