Full text of Utah Utah Code § 68-3-12 — Rules of construction., with citation guidance and answers to common questions.
§ 68-3-12. Rules of construction.
68-3-12.
Rules of construction.
(1)
(a)
In the construction of a statute in the Utah Code, the general rules listed in this Subsection (1) shall be observed, unless the construction would be:
(i)
inconsistent with the manifest intent of the Legislature; or
(ii)
repugnant to the context of the statute.
(b)
The singular includes the plural, and the plural includes the singular.
(c)
A word used in one gender includes the other gender.
(d)
A word used in the present tense includes the future tense.
"Include," "includes," or "including" means that the items listed are not an exclusive list, unless the word "only" or similar language is used to expressly indicate that the list is an exclusive list.
(g)
"May" means that an action is authorized or permissive.
(h)
"May not" means that an action is not authorized and is prohibited.
(i)
"Must" means, depending on the context in which it is used, that:
(i)
an action is required or mandatory;
(ii)
an action or result is compelled by necessity;
(iii)
an item is indispensable; or
(iv)
an action or event is a condition precedent to:
(A)
the authority to act;
(B)
a prohibition;
(C)
the accrual or loss of a right; or
(D)
the imposition or removal of an obligation.
(j)
"Shall" means that an action is required or mandatory.
(2)
(a)
Except as provided in Subsection (2)(b) or (c), the use of the following terms in the Utah Code is strongly discouraged:
(i)
"shall not";
(ii)
"should not";
(iii)
"must not"; or
(iv)
"but not limited to" after "include," "includes," or "including."
(b)
A term described in Subsection (2)(a) may be used when unusual circumstances exist that require the use of the term, including the use of the term:
(i)
in an interstate compact; or
(ii)
to ensure consistency with a federal law or rule.
(c)
(i)
Except as provided in Subsection (2)(c)(ii), the use of the word "should" is strongly discouraged.
(ii)
The word "should" may be used to:
(A)
refer to a recommended action, including a provision that a person shall or may recommend whether an action "should" be taken;
(B)
indicate an expected standard of knowledge, including a provision that a person "should" know:
(I)
whether a fact exists; or
(II)
that an action is likely to cause a specified result; or
(C)
refer to a determination as to whether an action "should" have occurred.
(d)
The use of the word "must" is strongly discouraged when the term "shall" can be used in its place.
Section 68-3-12 ("Rules of construction.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 68-3-12?
A common citation format is "Utah Code § 68-3-12" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 68-3-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
