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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 New Hampshire, the legal process allows for a plaintiff to file a petition or complaint to initiate a lawsuit, which outlines the basis of their claims against the defendant. This document serves to inform both the court and the defendant of the issues that will be addressed at trial. If the defendant believes that the complaint is vague, ambiguous, or lacks the necessary detail to form an adequate response, they may file what is known as a 'motion for a more definite statement' under New Hampshire Civil Procedure Rule 12(e). This motion requests the court to order the plaintiff to clarify or make more specific the allegations in the complaint. The purpose of this procedural tool is to ensure that the defendant has sufficient information to prepare a defense and that the court understands the nature of the claims. It is not called 'special exceptions' in New Hampshire, but the concept is similar in that it seeks to refine and specify the pleadings to facilitate a fair and efficient legal process.

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Civil procedure

special exceptions

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Civil procedure

special exceptions

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