Thursday, August 20, 2009

TRCP3: INTERPRETING THE RULES: Making sense of the Rules of Civil Procedure, Resolving Uncertainties as to Meaning

Questions related to Rule 3: How are the Texas Rules of Civil Procedure interpreted and appied if they are not clear, ambiguous? The lawyers and judges speak of "construction," but it means essentially interpretation. While construction is a well-established technical legal term, unfortunatly construction has to compete with all sorts of other types of human activity called construction, such as what is the subject of "construction law" as a legal practice area.

TEXT OF RULE 3. CONSTRUCTION OF RULES

Unless otherwise expressly provided, the past, present or future tense shall each include the other; the masculine, feminine, or neuter gender shall each include the other; and the singular and plural number shall each include the other.

Of course there is more to construction / interpretation than Rule 3 suggest, but that is a matter of decisional law, i.e. opinions of appellate courts in published case opinions that serve as precedents.

RELATED TERMES AND CONCEPTS: Statutory construction, contract construction, interpretation, defining and devining the meaning of words and phrases that are not precise or clear, legal definitions, ambiguities

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