NRS 0.025 Use of “may,” “must,” “shall” and “is entitled”; explanation of flush lines.

250 words·~1 min read·/nv/0-025

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.