shall
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 RSL Funding, LLC v. Alford, 239 Cal. App. 4th 741 - Cal: Court of Appeal, 4th Appellate Dist., 2nd Div. (2015), 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, in Y-Not Project, Ltd. v. Fox Waterway Agency, 50 NE 3d 42 - Ill: Appellate Court, 2nd Dist. (2016), explains that “the word ‘shall’ in a statute generally indicates a mandatory obligation, although courts sometimes interpret it as directory or permissive.”
- Openlands v. Dept. of Transp., 127 NE 3d 40 - Ill: Appellate Court, 1st Dist., 3rd Div. (2018), goes on to state 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
[Last reviewed in April of 2025 by the Wex Definitions Team]
Wex