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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 Nevada, the legal process begins with the plaintiff filing a complaint, which serves to inform the court and the defendant of the claims and the basis for the lawsuit. Nevada follows the rules of civil procedure, which require that pleadings, including complaints, contain a short and plain statement of the claim showing that the pleader is entitled to relief. If a complaint is vague, ambiguous, or lacks sufficient detail, the defendant may file a motion for a more definite statement under Nevada Rule of Civil Procedure 12(e). This is similar to the concept of 'special exceptions' in other jurisdictions, where the defendant seeks to compel the plaintiff to clarify or specify allegations in the complaint. The goal is to ensure that the defendant has enough information to prepare a defense and that the court understands the nature of the claims. If the court grants such a motion, the plaintiff must file an amended complaint that corrects the deficiencies. Failure to comply with these rules can result in the complaint being dismissed or other sanctions.

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Civil procedure

special exceptions

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Nevada State Code

Nevada State Code

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Civil procedure

special exceptions