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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 Minnesota, the legal process does not formally use the term 'special exceptions,' but the concept is similar to what is known as a 'motion for a more definite statement' under Rule 12.05 of the Minnesota Rules of Civil Procedure. This motion can be used by a defendant when a plaintiff's complaint is so vague or ambiguous that the defendant cannot reasonably be required to frame a responsive pleading. The purpose of this motion is to compel the plaintiff to clarify or specify the allegations so that the defendant can properly respond. If the court grants the motion, the plaintiff must provide a more definite statement of the claims. Additionally, Minnesota law allows for a motion to dismiss under Rule 12.02 for failure to state a claim upon which relief can be granted if the complaint does not plead the necessary elements of a cause of action.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

Minnesota State Code

Minnesota State Code

Civil procedure

special exceptions

Articles