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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 Maine, the legal process begins with the plaintiff filing a complaint, which outlines the basis of the lawsuit, the facts supporting the plaintiff's claims, and the relief sought. The complaint must provide enough detail to give the defendant notice of the claims against them. If the defendant believes the complaint is vague, ambiguous, or lacks necessary detail, they may file a motion for a more definite statement, which is governed by Maine Rule of Civil Procedure 12(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 complaint fails to state a cause of action, the defendant can file a motion to dismiss under Rule 12(b)(6). These procedural tools serve a similar purpose to 'special exceptions' in other jurisdictions, aiming to ensure that the pleadings are clear and sufficiently specific to allow for a proper defense and to avoid unnecessary litigation on poorly articulated claims.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Maine State Code

Maine State Code

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Civil procedure

special exceptions