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Nevada Revised Statutes 0.025 - Use of "may," "must," "shall" and "is entitled"; explanation of flush lines

Nevada Revised Statutes > Preliminary Chapter > § 0.025 - Use of "may," "must," "shall" and "is entitled"; explanation of flush lines

^{Current as of: 2009}

^{Check for updates}

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.

(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,

ÃŠ 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 "ÃŠ" in bills and in Nevada Revised Statutes indicates the beginning of such text.