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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 Pennsylvania, the legal mechanism similar to 'special exceptions' is known as 'Preliminary Objections.' Under Pennsylvania law, specifically the Pennsylvania Rules of Civil Procedure, a defendant may file Preliminary Objections to a plaintiff's complaint if they believe the complaint is legally insufficient. These objections can challenge the form of the pleading, the sufficiency of a pleading, lack of jurisdiction, improper venue, and other issues that may require clarification or more specificity. The purpose of Preliminary Objections is to address defects in the plaintiff's complaint before the case proceeds further. If the objections are sustained, the plaintiff may be required to amend the complaint to correct the deficiencies. This process ensures that the claims and defenses are clearly stated so that the parties and the court understand the issues to be resolved at trial.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

Pennsylvania State Code

Pennsylvania State Code

Civil procedure

special exceptions

Articles