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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 Jersey, the legal concept of 'special exceptions' is not used in the same manner as it might be in other jurisdictions, such as Texas. Instead, New Jersey follows the Rules Governing the Courts of the State of New Jersey, which provide mechanisms for addressing issues with pleadings. Rule 4:6-2 allows a defendant to file a motion to dismiss for failure to state a claim upon which relief can be granted, which is similar to challenging the sufficiency of a complaint. If a pleading is not sufficiently specific or fails to plead a cause of action, the opposing party may file a motion for a more definite statement under Rule 4:6-4. This motion requires the pleading party to clarify or correct the alleged deficiencies in the complaint. The purpose of these rules is to ensure that both the court and the opposing party are fully informed of the claims and defenses, thereby facilitating a fair and efficient resolution of the case.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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New-Jersey State Code

New-Jersey State Code

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Civil procedure

special exceptions