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Civil procedure

special exceptions

While the purpose of a plaintiff’s petition or complaint is to inform the court and the defendant of what the plaintiff’s claims will be at trial, the purpose of special exceptions is to force clarification and specification in the pleadings when they are not clear, or sufficiently specific, or fail to plead a cause of action.

In Alaska, as in many jurisdictions, the initial pleading filed by a plaintiff is known as a complaint, which sets forth the plaintiff's claims and the factual basis for those claims. The purpose of the complaint is to provide notice to the defendant of the claims against them and to establish the framework for the litigation. If a defendant believes that the complaint is vague, ambiguous, or lacks sufficient detail, they may file a motion for a more definite statement under Alaska Rule of Civil Procedure 12(e). This is similar to the concept of 'special exceptions' in other jurisdictions, where the defendant seeks to compel the plaintiff to clarify or specify their allegations so that the defendant can adequately prepare a response. If the complaint fails to state a cause of action, the defendant may file a motion to dismiss under Rule 12(b)(6). These procedural tools ensure that the issues are clearly defined and that the litigation proceeds on a clear understanding of the parties' positions.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Alaska State Code

Alaska State Code

Civil procedure

special exceptions

Articles