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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 Massachusetts, the legal concept of 'special exceptions' is not used; instead, the state follows the Massachusetts Rules of Civil Procedure, which guide the pleading process in civil cases. Under these rules, if a party believes that an opponent's pleading (such as a complaint or petition) is vague, ambiguous, or insufficiently specific, they may file a motion for a more definite statement under Rule 12(e). This motion must be filed before responding to the pleading and must point out the defects complained of and the details desired. If the pleading is so vague or ambiguous that a party cannot reasonably be required to frame a response, the court may order the party to provide a more definite statement. Additionally, if a pleading fails to state a claim upon which relief can be granted, a party may file a motion to dismiss under Rule 12(b)(6). The purpose of these mechanisms is to ensure that the claims and defenses are clearly stated so that the parties can prepare for trial and the court can adjudicate the matter effectively.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Massachusetts State Code

Massachusetts State Code

Civil procedure

special exceptions

Articles