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 defects.....my question is, does the use of "should" as opposed to "shall" impose a mandatory duty or is the duty considered discretionary?

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