  The magneto-rotational instability (MRI) - which is due to an interplay
between a sheared background and the magnetic field - is commonly considered a
key ingredient for developing and sustaining turbulence in the outer envelope
of binary neutron star merger remnants. To assess whether (or not) the
instability is active and resolved, criteria originally derived in the
accretion disk literature - thus exploiting the symmetries of such systems -
are often used. In this paper we discuss the magneto-shear instability as a
truly local phenomenon, relaxing common symmetry assumptions on the background
on top of which the instability grows. This makes the discussion well-suited
for highly dynamical environments such as binary mergers. We find that -
although this is somewhat hidden in the usual derivation of the MRI dispersion
relation - the instability crucially depends on the assumed symmetries.
Relaxing the symmetry assumptions on the background we find that the role of
the magnetic field is significantly diminished, as it affects the modes' growth
but does not drive it. This suggests that we should not expect the standard
instability criteria to provide a faithful indication/diagnostic of what "is
actually going on" in mergers. We conclude by making contact with a suitable
filtering operation, as this is key to separating background and fluctuations
in highly dynamical systems.
