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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 North Carolina, the legal process begins with the plaintiff filing a complaint to initiate a lawsuit. The complaint must provide a clear and concise statement of the claim showing that the plaintiff is entitled to relief, and it must demand the specific relief sought. If the defendant believes that the complaint is vague, ambiguous, or lacks the necessary specificity to formulate a response, they may file a motion for a more definite statement under Rule 12(e) of the North Carolina 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 purpose of such a motion in North Carolina is to require the plaintiff to clarify or specify the allegations so that the defendant can properly respond. If the court grants the motion, the plaintiff must file an amended complaint that corrects the deficiencies. Failure to plead a cause of action adequately may also be challenged by the defendant through a motion to dismiss under Rule 12(b)(6) for failure to state a claim upon which relief can be granted.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

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Civil procedure

special exceptions