Tip No. 2

Shall” does not always mean “shall”...

When bringing a motion beware of relying on the term “shall” in a statute; it is not always interpreted by the court as a directive that the court “must” do something, as your editor discovered to her chagrin when she relied on the provisions of the statute that the court “shall” postpone a trial … for a period not to exceed 30 days, when all attorneys of record of parties who have appeared in the action agree in writing to such postponement. At argument on the motion directed by the court, the judge denied the continuance, on the grounds he had the discretion to do so.