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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 Alabama, the legal process begins with the plaintiff filing a complaint or petition, which outlines the basis of the lawsuit, the facts supporting the plaintiff's claims, and the relief sought. The complaint must provide sufficient detail to inform the defendant of the claims against them, allowing the defendant to prepare a defense. If the complaint is vague, ambiguous, or lacks necessary detail, the defendant may file a motion for a more definite statement, which is similar to the concept of 'special exceptions' in other jurisdictions. This motion compels the plaintiff to clarify or specify the allegations so that the defendant can adequately respond. Alabama Rules of Civil Procedure Rule 12(e) provides for this mechanism, ensuring that pleadings are clear and sufficiently specific to proceed with the case. If the complaint fails to state a cause of action, the defendant can file a motion to dismiss under Rule 12(b)(6), challenging the legal sufficiency of the claims.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Alabama State Code

Alabama State Code

Civil procedure

special exceptions

Articles