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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 Vermont, 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 issues at hand and the relief sought by the plaintiff. If a defendant believes that the complaint is vague, ambiguous, or legally insufficient, they may file a motion for a more definite statement or a motion to dismiss under Vermont's Rules of Civil Procedure. 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 allegations so that the defendant can adequately respond. Vermont's rules require that pleadings provide fair notice of the nature of the claim and the grounds upon which it rests, enabling the parties to prepare for trial and avoid surprises.

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Civil procedure

special exceptions

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Vermont State Code

Vermont State Code

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Civil procedure

special exceptions