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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 York, the equivalent of 'special exceptions' as known in some other jurisdictions is a motion to dismiss for failure to state a cause of action or a motion for a more definite statement. Under the New York Civil Practice Law and Rules (CPLR), a defendant can challenge the sufficiency of a complaint through a motion to dismiss under CPLR Rule 3211. This motion can be made on several grounds, including that the complaint does not state facts sufficient to constitute a cause of action. If the complaint is vague or ambiguous, the defendant may also file a motion for a more definite statement under CPLR Rule 3024, which compels the plaintiff to clarify or detail the allegations so that the defendant can properly prepare a response. These procedural tools serve to ensure that the pleadings meet the necessary standards of clarity and specificity, allowing the parties to be fully informed of the claims and defenses, thus 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-York State Code

New-York State Code

Civil procedure

special exceptions

Articles