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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 Maryland, the legal concept of 'special exceptions' refers to a procedural tool used by a defendant to challenge the sufficiency of a plaintiff's complaint or petition. If a defendant believes that the plaintiff's pleadings are vague, ambiguous, or fail to state a claim upon which relief can be granted, they can file a motion for special exceptions with the court. This motion requests the court to compel the plaintiff to clarify or specify the allegations so that the defendant can adequately prepare a defense. The court will then review the motion and determine whether the plaintiff must amend their pleadings to meet the legal requirements for stating a cause of action. This process ensures that both parties are clear on the issues at hand and that the case can proceed on a proper factual and legal basis.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

Maryland State Code

Maryland State Code

Civil procedure

special exceptions

Articles