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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 Arizona, the legal concept of 'special exceptions' is not used in the same manner as it might be in other jurisdictions, such as Texas. Instead, Arizona follows the Arizona Rules of Civil Procedure, which provide mechanisms for a party to challenge the sufficiency of the opposing party's pleadings. If a defendant believes that a plaintiff's complaint is vague, ambiguous, or otherwise deficient, the defendant can file a motion to dismiss under Rule 12(b) for failure to state a claim upon which relief can be granted. Alternatively, the defendant may file a motion for a more definite statement under Rule 12(e) if the complaint is so vague or ambiguous that the defendant cannot reasonably prepare a response. These motions serve a similar purpose to 'special exceptions' by requiring the plaintiff to clarify or specify the allegations so that the defendant can adequately respond and prepare for trial.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Arizona State Code

Arizona State Code

Civil procedure

special exceptions

Articles