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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 Oregon, the legal process does not specifically use the term 'special exceptions,' but the concept is similar to what is known as a 'motion to make more definite and certain' under Oregon's civil procedure rules. When a plaintiff files a complaint that is vague or ambiguous, the defendant can file this motion to require the plaintiff to clarify or specify the allegations, so that the defendant can adequately prepare a response. This motion must be filed before any responsive pleading, such as an answer, and the court will decide whether the plaintiff must amend the complaint to provide the necessary details. This process ensures that the defendant understands the claims against them and can defend themselves effectively. It also helps the court by clarifying the issues that will be addressed at trial.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Oregon State Code

Oregon State Code

Civil procedure

special exceptions

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