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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 Delaware, 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 basis for the court's jurisdiction. If a defendant believes that a complaint is vague, ambiguous, or lacks sufficient detail, they may file a motion for a more definite statement under Delaware's Superior Court Civil Rule 12(e). This is similar to the concept of 'special exceptions' in other jurisdictions. The goal of such a motion is to require the plaintiff to clarify or make more specific allegations in the complaint, ensuring that the defendant has enough information to prepare a defense. If the court grants the motion, the plaintiff will be ordered to file an amended complaint that corrects the deficiencies identified by the defendant.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Civil procedure

special exceptions

Articles