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.
(Added to NRS by 1991,
809; A 2003,
2094)
Notes of Decisions
Fed. Nat'l Mortg. v. Westland Liberty Vill. (2022)
nev · cites it 3×
“In providing that “a mortgagee is entitled to appointment of a receiver,” the Legislature conferred a right to such mortgagees to demand that a court appoint a receiver, instead of conferring a discretionary right on district courts.”
Baldonado v. Wynn Las Vegas, LLC (2008)
nev
“29 See NRS 0.025(l)(a) (explaining that when used in the NRS, “may” usually refers to “a right, privilege or power”).”
Je Dunn Northwest, Inc. v. Corus Const. Venture (2011)
nev · cites it 2×
“22112, is simply a symbol to indicate a flush line, states: 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…”
Goudge v. State (2012)
nev
“A “ ‘[p]erson professionally qualified to conduct psychosexual evaluations’ means a person who has received training in conducting psychosexual evaluations,” and is a psychiatrist, psychologist, social worker, registered psychiatric nurse, marriage and family therapist, or…”
Kabew v. Eighth Jud. Dist. Ct. (2024)
nev · cites it 2×
“NRS 0.025(1)(d) provides that Is]hall' imposes a duty to act" unless "otherwise expressly provided in a particular statute or required by the context.”
STATE VS. DIST. CT. (HEARN (MATTHEW)) (2018)
nev · cites it 3×
“Thus the legal effect of this severance is to render all offenders deemed violent by a court ineligible for the veterans court program.”
BMO Harris Bank v. Whittemore (2023)
nev · cites it 2×
“452E0 7 NRS 0.025(1)(d). This mandatory language also supports a determination that the provision requires strict compliance.”
— Nev. Rev. Stat. § 0.025(1) — 1 case
— Nev. Rev. Stat. § 0.025(1)(a) — 4 cases
Fed. Nat'l Mortg. v. Westland Liberty Vill. (2022)
nev
“In providing that “a mortgagee is entitled to appointment of a receiver,” the Legislature conferred a right to such mortgagees to demand that a court appoint a receiver, instead of conferring a discretionary right on district courts.”
— Nev. Rev. Stat. § 0.025(1)(b) — 3 cases
STATE VS. DIST. CT. (HEARN (MATTHEW)) (2018)
nev
“Thus the legal effect of this severance is to render all offenders deemed violent by a court ineligible for the veterans court program.”
— Nev. Rev. Stat. § 0.025(1)(c) — 5 cases
— Nev. Rev. Stat. § 0.025(1)(d) — 8 cases
Kabew v. Eighth Jud. Dist. Ct. (2024)
nev
“NRS 0.025(1)(d) provides that Is]hall' imposes a duty to act" unless "otherwise expressly provided in a particular statute or required by the context.”
BMO Harris Bank v. Whittemore (2023)
nev
“452E0 7 NRS 0.025(1)(d). This mandatory language also supports a determination that the provision requires strict compliance.”
— Nev. Rev. Stat. § 0.025(1)(f) — 1 case
— Nev. Rev. Stat. § 0.025(2) — 2 cases
Je Dunn Northwest, Inc. v. Corus Const. Venture (2011)
nev
“22112, is simply a symbol to indicate a flush line, states: 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…”
— Nev. Rev. Stat. § 0.025(l)(a) — 2 cases
Baldonado v. Wynn Las Vegas, LLC (2008)
nev
“29 See NRS 0.025(l)(a) (explaining that when used in the NRS, “may” usually refers to “a right, privilege or power”).”
— Nev. Rev. Stat. § 0.025(l)(d) — 1 case
Goudge v. State (2012)
nev
“A “ ‘[p]erson professionally qualified to conduct psychosexual evaluations’ means a person who has received training in conducting psychosexual evaluations,” and is a psychiatrist, psychologist, social worker, registered psychiatric nurse, marriage and family therapist, or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.