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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 Colorado, the legal process does not formally use the term 'special exceptions,' but the concept is similar to what is known as a 'motion for a more definite statement' under the Colorado Rules of Civil Procedure (CRCP). Rule 12(e) allows a party to request the court to order the opposing party to provide a more definite and detailed statement if the original pleading is so vague or ambiguous that the party cannot reasonably prepare a response. This motion must be made before filing a responsive pleading and points out the defects complained of and the details desired. If the court agrees that the complaint is not sufficiently clear or specific, it may require the plaintiff to amend the complaint to provide the necessary clarification or specificity. This ensures that the defendant is fully informed of the claims against them and can adequately prepare their defense.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

Colorado State Code

Colorado State Code

Civil procedure

special exceptions

Articles