Current through Register Vol. 54, No. 25, June 22, 2024
(a)General. The indicative rather than the subjunctive mood should be used in statutes. The subjunctive mood has no place in a statute since a statute deals with facts and not with hypothetical cases.(b)Use of "shall." The word "shall" should not be used in a statute to state a legal result (false imperative) but should be used in mandatory statutes requiring a certain legal act.