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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 Virginia, 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 not sufficiently clear, specific, or fails to state a cause of action, they may file a motion for a 'bill of particulars' or a 'motion to make more definite and certain' under Virginia's Rules of Civil Procedure. These motions are similar to what some jurisdictions refer to as 'special exceptions.' They are designed to require the plaintiff to provide additional details about their claims so that the defendant can adequately prepare a defense. The court will then decide whether to order the plaintiff to clarify or specify certain aspects of their complaint. Failure to comply with such an order can result in sanctions, including the possibility of having the claims dismissed.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Virginia State Code

Civil procedure

special exceptions

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