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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 Mexico, as in many jurisdictions, the initial pleading filed by a plaintiff is known as a complaint, which sets forth the plaintiff's claims and the factual basis for those claims. The purpose of the complaint is to provide notice to the defendant of the claims against them and to establish the framework for the litigation. If a defendant believes that the complaint is vague, ambiguous, or legally insufficient, they may file a motion with the court to challenge the pleading. This is similar to what some jurisdictions refer to as 'special exceptions.' In New Mexico, such motions might be for a more definite statement or to dismiss the complaint for failure to state a claim upon which relief can be granted. These procedural motions compel the plaintiff to clarify or specify allegations in the complaint to ensure that the issues are properly framed for the court and that the defendant has sufficient information to prepare a defense.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

New-Mexico State Code

New-Mexico State Code

Civil procedure

special exceptions

Articles