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

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.

      (Added to NRS by 1991, 809; A 2003, 2094)