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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 Illinois, the legal document that initiates a lawsuit is typically called a 'complaint,' and it is filed by the plaintiff. The complaint must provide a clear and concise statement of the claim showing that the plaintiff is entitled to relief and must demand the specific relief sought. If a defendant believes that a complaint is vague, ambiguous, or otherwise deficient, they may file a motion to dismiss under Illinois Code of Civil Procedure Section 2-615, or a motion for a more definite statement under Section 2-612. These motions serve a similar purpose to 'special exceptions' in other jurisdictions, which are requests for the court to compel the plaintiff to clarify or specify allegations in the complaint. The goal is to ensure that the defendant has sufficient information to prepare a defense. If the court grants such a motion, the plaintiff may be required to amend the complaint to correct the deficiencies.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Illinois State Code

Illinois State Code

Civil procedure

special exceptions

Articles