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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 Ohio, the legal process begins with the plaintiff filing a complaint to initiate a lawsuit. The complaint must provide a clear and concise statement of the plaintiff's claims, the facts supporting those claims, and the relief sought. Ohio Civil Rule 10(D) requires that the claims be stated in numbered paragraphs, each limited as far as practicable to a single set of circumstances. If the defendant believes the complaint is vague, ambiguous, or lacks sufficient detail, they may file a motion for a more definite statement under Ohio Civil Rule 12(E). This motion must be filed before submitting a responsive pleading and must point out the defects complained of and the details desired. If the complaint fails to state a claim upon which relief can be granted, the defendant may file a motion to dismiss under Ohio Civil Rule 12(B)(6). These procedural tools serve a similar purpose to 'special exceptions' in other jurisdictions, aiming to clarify and specify pleadings to ensure a fair and efficient legal process.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

Ohio State Code

Civil procedure

special exceptions

Ohio State Code

Articles