NRS 0.025
Use of “may,” “must,” “shall” and “is entitled”

  • explanation of flush lines.

1.

Except as otherwise expressly provided in a particular statute or required by the context:

(a)

“May” confers a right, privilege or power. The term “is entitled” confers a private right.

(b)

“May not” or “no * * * may” abridges or removes a right, privilege or power.

(c)

“Must” expresses a requirement when:

(1)

The subject is a thing, whether the verb is active or passive.

(2)

The subject is a natural person and:
(I) The verb is in the passive voice; or
(II) Only a condition precedent and not a duty is imposed.

(d)

“Shall” imposes a duty to act.

(e)

“Shall be deemed” or “shall be considered” creates a legal fiction.

(f)

“Shall not” imposes a prohibition against acting.

2.

Except as otherwise required by the context, text of a statute that:

(a)

Follows subsections, paragraphs, subparagraphs or sub-subparagraphs that are introduced by a colon;

(b)

Is not designated as a separate subsection, paragraph, subparagraph or sub-subparagraph; and

(c)

Begins flush to the left margin rather than immediately following the material at the end of the final subsection, paragraph, subparagraph or sub-subparagraph,
Ê applies to the section as a whole, in the case of subsections, or to the subdivision preceding the colon as a whole rather than solely to the subdivision that the text follows. The symbol “Ê” in bills and in Nevada Revised Statutes indicates the beginning of such text.

Source: Section 0.025 — Use of “may,” “must,” “shall” and “is entitled”; explanation of flush lines., https://www.­leg.­state.­nv.­us/NRS/NRS-000.­html#NRS000Sec025.

Last Updated

Jun. 24, 2021

§ 0.025’s source at nv​.us