Idaho Code

Idaho Code § 73-113 (2026)

Construction of words and phrases. 

✓ current as of May 2026
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Construction of words and phrases. 

(1)  The language of a statute should be given its plain, usual and ordinary meaning. Where a statute is clear and unambiguous, the expressed intent of the legislature shall be given effect without engaging in statutory construction. The literal words of a statute are the best guide to determining legislative intent.

(2)  If a statute is capable of more than one (1) conflicting construction, the reasonableness of the proposed interpretations shall be considered, and the statute must be construed as a whole. Interpretations which would render the statute a nullity, or which would lead to absurd results, are disfavored.
(3)  Words and phrases are construed according to the context and the approved usage of the language, but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.
Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1962–2024 · leading case: City of Idaho Falls, an Idaho Mun. Corp. v. H-K Contractors, Inc., 416 P.3d 951 (Idaho 2018).
City of Idaho Falls, an Idaho Mun. Corp. v. H-K Contractors, Inc., 416 P.3d 951 (Idaho 2018). · cites it 2× “" I.C. § 73-113. "Only where the language is ambiguous will this Court look to rules of construction for guidance and consider the reasonableness of proposed interpretations.”
Brent Regan v. Jeff Owen, 413 P.3d 759 (Idaho 2018). · cites it 4× “See I.C. § 73-113(3) (setting forth rules of construction for statutes).”
State v. Hagerman Water Right Owners, Inc., 947 P.2d 400 (Idaho 1997). · cites it 4× “” I.C. § 73-113. The word “all” is an adjective.”
State v. McKeeth, 38 P.3d 1275 (Idaho Ct. App. 2001). · cites it 2× “I.C. § 73-113; Miller, 134 Idaho at 462 , 4 P.”
State v. Dewbre, 991 P.2d 388 (Idaho Ct. App. 1999). · cites it 4× “" I.C. § 73-113. A statute must be construed so that effect is given to every word and clause of a statute.”
State v. Edghill, 999 P.2d 255 (Idaho Ct. App. 2000). · cites it 4× “I.C. § 73-113; State v. Baer, 132 Idaho 416, 417-18 , 973 P.”
State v. Arrasmith, 966 P.2d 33 (Idaho Ct. App. 1998). · cites it 2× “Presumably, “words and phrases are construed according to the context and the approved usage of the language____” I.C. § 73-113. In construing a statute, the focus of a court is to determine and give effect to the intent of the legislature, George W.”
State v. Miller, 4 P.3d 570 (Idaho Ct. App. 2000). · cites it 2× “I.C. § 73-113; State v. Baer, 132 Idaho 416, 417-18 , 973 P.”
Nagel v. Hammond, 408 P.2d 468 (Idaho 1965). · cites it 2× “It is not pointed out by defendants just 'what language in the instruction would, when read by a person of ordinary understanding, leave such implication.”
State v. Baer, 973 P.2d 768 (Idaho Ct. App. 1999). · cites it 2× “I.C. § 73-113. We are required to give effect to every word and clause of a statute.”
State v. Knott, 974 P.2d 1105 (Idaho 1999). · cites it 2× “Idaho Code § 73-113 indicates that words and phrases used in the Idaho Code are to be “construed according to the context and approved usage of the language.”
Peterson v. Winn, 373 P.2d 925 (Idaho 1962). · cites it 2× “Benson; this con *529 tention, however, fails to consider a related statute, I.C. § 73-113 as follows: “Construction of words and phrases.”
— Idaho Code § 73-113(1) — 1 case
Blasch v. HP, Inc. (Idaho 2024).
— Idaho Code § 73-113(3) — 2 cases
Brent Regan v. Jeff Owen, 413 P.3d 759 (Idaho 2018). “See I.C. § 73-113(3) (setting forth rules of construction for statutes).”
Regan v. Owen (Idaho 2017).
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