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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 Montana, as in many jurisdictions, the initial pleading by the plaintiff is known as a complaint. The purpose of the complaint is to provide the defendant and the court with a clear statement of the plaintiff's claims and the facts supporting those claims. If the defendant believes that the complaint is vague, ambiguous, or lacks the necessary specificity to respond properly, they may file a motion for a more definite statement under Rule 12(e) of the Montana Rules of Civil Procedure. This is similar to the concept of 'special exceptions' in other jurisdictions, which are used to challenge the sufficiency of a pleading. The goal of such a motion in Montana is to require the plaintiff to clarify or make more specific the allegations in the complaint so that the defendant can adequately prepare a response. If the court grants the motion, the plaintiff will be ordered to amend the complaint to correct the deficiencies identified by the defendant.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

Montana State Code

Civil procedure

special exceptions

Montana State Code

Articles