What is the legal test for certifying that statutory language in the Civil Code of Civil Procedure is mandatory?
MultiRegion, United States of America
The following excerpt is from United States v. O'Brien, 19-3895-cr (2nd Cir. 2021):
3. Although the district court concluded that the statutory language was not mandatory without consideration of the timeliness issue, we may affirm on any grounds for which there is sufficient support in the record. See Pollara v. Seymour, 344 F.3d 265, 268 (2d Cir. 2003).
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