Shall-issue

What shall-issue means

In short, shall-issue is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where shall-issue comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses shall-issue in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the current federal court rules online for free.

Related legal terms

• Setoff: a right to reduce an amount owed to another person by an amount that person owes in return, so that only the difference is paid.
• Settlement: an agreement resolving a dispute without a final court decision on the merits.
• Settlor: the person who creates a trust. Also called the grantor or trustor in some jurisdictions.
• Severance: splitting claims or parties into separate cases or separate trials. Federal Rule of Civil Procedure 21 lets the court sever any claim against a party, and Rule 42(b) allows separate trials.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.