Art. 5 Mandatory and permissive language

When a court rule uses the word "shall," it means the action is required. There's no choice involved. If a rule says a judge or court "shall" do something, they must do it.

When a rule uses the word "may," it means the action is optional. The person or court has the choice to do it or not, based on their own judgment.

This distinction matters because it tells you whether a rule is giving an order or just giving permission. If you're reading other rules in the criminal procedure code and trying to figure out if something is required or just allowed, look for these two words. They settle the question.