Shall - sustany/dvg GitHub Wiki

Shall is an imperative command, usually indicating that certain actions are mandatory, and not permissive. This contrasts with the word �may,� which is generally used to indicate a permissive provision, ordinarily implying some degree of discretion.

Some common uses of the term �shall� in a legal sense include:

• In the context of statutes, cases such as�this one from California, explain�that �settled principles of�statutory construction�direct that courts ordinarily�construe�the word �may� as permissive and the word �shall� as mandatory, particularly when a single statute uses both terms.�
• Similarly, this case from Illinois, explains that �the word �shall� in a statute generally indicates a mandatory obligation, although courts sometimes interpret it as directory or permissive.�
• This case from Illinois, goes on to explain that �when used in a statute, the term �shall� does not have a fixed or inflexible meaning and may be given a permissive or directory interpretation depending on the legislative intent. If a statutory provision using the term �shall� merely directs a manner of conduct to guide officials or is designed to secure order, system, and dispatch in proceedings, it is generally �directory.�

Compare: may