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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 Tennessee, as in many jurisdictions, the initial pleading filed by a plaintiff is known as a complaint or petition, which sets forth the plaintiff's claims and the factual basis for those claims. The purpose of this document is to provide the defendant and the court with a clear understanding of the legal and factual issues that the plaintiff intends to present at trial. If a defendant believes that the complaint is vague, ambiguous, or lacks the necessary specificity to formulate a response, they may file a motion for a more definite statement under Tennessee Rule of Civil Procedure 12.05. This is similar to the concept of 'special exceptions' in other jurisdictions, which are objections to the sufficiency of an opponent's pleadings. The goal of such a motion in Tennessee is to compel the plaintiff to clarify or specify the allegations so that the defendant can adequately prepare a defense. If the court grants the motion, the plaintiff will be required to amend the complaint to correct the deficiencies identified by the defendant.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Tennessee State Code

Tennessee State Code

Civil procedure

special exceptions

Articles