Statutory Interpretation, Canons of Construction

Statutes are laws passed by the legislature. They often directly affect a given lawsuit. Statutes, however, are often unclear or subject to debate. “The primary rule of statutory interpretation is to effectuate legislative intent through reference to the plain and ordinary meaning of the statutory language.” Bateman v. Rinehart, 391 S.W.3d 441, 446 (Mo. 2013). “When the words are clear, there is nothing to construe beyond applying the plain meaning of the law.” Id. When the legislative intent cannot be determined from the plain meaning of the statutory language, rules of statutory construction may be applied to resolve any ambiguity. Bosworth v. Sewell 918 S.W.2d 773, 777 (Mo. 1996). A statute is ambiguous when its meaning is unclear. State ex rel. Jackson v. Dolan, 398 SW 3d 472, 479 (Mo. 2013).

Canons of construction are interpretive tools used to glean the meaning of a statute. Under the maxim noscitur a sociis—”a word is known by the company it keeps”—ambiguous language must be construed in the context of the other words used in the provision. Id. at 336-37. Similarly, the principle of ejusdem generis—”of the same kind”—instructs that “the scope and extent of more general words” must be determined by considering the “specific enumeration[s]” used in the provision. Standard Operations, Inc. v. Montague, 758 S.W.2d 442, 444-45 (Mo. 1988). That is, “the general words so used will be applicable only to things of the same general character as those which are specified.” State v. Lancaster, 506 S.W.2d 403, 405 (Mo. 1974)