California  |  Civil Litigation

Legal Question

Asked on: 5/01/13, 6:07 pm

2 rulings: Rojas v Cutsforth and Voit v Superior Court....the Courts ruled that a clerk "should" accept papers for filing if they comply with the Rules of Court even with "defects" and the clerk "should" file the papers and notify the filing party to correct the question is, does the use of "should" as opposed to "shall" impose a mandatory duty or is the duty considered discretionary?

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

133 Answers given in the last few hours.

8661 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search