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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 Kansas, as in many jurisdictions, the initial pleading filed by a plaintiff is known as a petition or complaint, and its purpose is to set forth the plaintiff's claims and the facts supporting those claims to inform both the court and the defendant of the issues to be resolved at trial. When a defendant believes that the plaintiff's petition is vague, ambiguous, or lacks the necessary specificity to formulate a response, the defendant may file a motion for a more definite statement, which is governed by Kansas Statute K.S.A. 60-212(e). This motion requests the court to order the plaintiff to clarify or specify the allegations so that the defendant can adequately respond. If the petition fails to state a claim upon which relief can be granted, the defendant may file a motion to dismiss under K.S.A. 60-212(b). These procedural tools serve a similar purpose to 'special exceptions' in other jurisdictions, aiming to ensure that the pleadings are clear and sufficiently detailed to allow the parties to prepare for trial.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Kansas State Code

Kansas State Code

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Civil procedure

special exceptions