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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 Mississippi, the legal system does not use the term 'special exceptions' as it might be used in other jurisdictions, such as Texas. Instead, Mississippi follows the Mississippi Rules of Civil Procedure, which provide mechanisms for a party to challenge the sufficiency of the opposing party's pleadings. Rule 12(b) allows a defendant to raise defenses and objections by motion, which can include a motion to dismiss for failure to state a claim upon which relief can be granted. If a complaint is vague or ambiguous, the defendant can file a motion for a more definite statement under Rule 12(e). This motion requires the plaintiff to clarify or make more specific the allegations in the complaint, which is similar to the purpose of 'special exceptions' in other jurisdictions. The goal is to ensure that both the court and the defendant fully understand the nature of the plaintiff's claims and that the claims are legally sufficient to proceed to trial.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Mississippi State Code

Mississippi State Code

Civil procedure

special exceptions

Articles