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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 Utah, the legal process begins with the plaintiff filing a complaint or petition, which outlines the basis of the lawsuit, the facts supporting the plaintiff's claims, and the relief sought. The purpose of this document is to provide the defendant and the court with a clear understanding of the plaintiff's allegations and legal claims. If the defendant believes that the complaint is vague, ambiguous, or legally insufficient, they may file a motion to dismiss or a motion for a more definite statement under Utah Rule of Civil Procedure 12. These motions serve a similar purpose to 'special exceptions' in other jurisdictions, which are requests for the court to compel the plaintiff to clarify or specify their pleadings. The goal is to ensure that the defendant has enough information to prepare an appropriate response or defense. If the court grants such a motion, the plaintiff may be required to amend their complaint to correct the deficiencies. This procedural step helps to streamline the legal process by ensuring that all parties are clear on the issues at hand before proceeding to trial.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

Utah State Code

Utah State Code

Civil procedure

special exceptions

Articles