LEGAL PRINCIPLE: STATUTORY INTERPRETATION – Principle of Expressio Unius Est Exclusio Alterius – Express Mention Excludes What is Not Mentioned
PRINCIPLE STATEMENT
The express mention of specific things in a statutory provision automatically excludes others which would otherwise have applied by implication; where a section names specific things such as new actions and pending actions, the intention is that those not named, such as final judgments and appeals, are excluded.
RATIO DECIDENDI (SOURCE)
"The express mention of one thing in a statutory provision automatically excludes any other which otherwise would have applied by implication. Where a section names specific things, such as new actions and pending actions, the intention is that those not named, such as final judgments and appeals, are not intended to be included."
EXPLANATION / SCOPE
This principle articulates the maxim “expressio unius est exclusio alterius” (the expression of one thing is the exclusion of another). When legislation specifically enumerates certain items, categories, or situations, the deliberate enumeration implies that unlisted items are intentionally excluded rather than accidentally omitted. Application requires examining: (1) whether the statute contains specific enumeration; (2) whether enumerated items belong to a recognizable category; (3) whether the allegedly excluded item falls within the same category; and (4) whether including the unenumerated item would be consistent with statutory purpose. In this case, the statute mentioned “new actions” and “pending proceedings” but not “final judgments” and “appeals,” indicating legislative intent to exclude them. The principle prevents expansive interpretation and promotes predictability. However, courts must apply it cautiously—not every enumeration triggers exclusion. Courts consider whether the list is exhaustive or illustrative, whether practical considerations explain omissions, and whether exclusion would create absurd results or defeat obvious legislative intent.