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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 Wisconsin, the legal process begins with the plaintiff filing a complaint to notify the court and the defendant of the claims and the basis for the lawsuit. If the defendant believes the complaint is vague, ambiguous, or lacks necessary detail, they may file a motion to make more definite and certain under Wisconsin Statutes Section 802.06(2). This is similar to the concept of 'special exceptions' in other jurisdictions, where the defendant seeks to compel the plaintiff to clarify or specify their pleadings. The goal is to ensure that the defendant has enough information to prepare an adequate defense and that the court understands the issues at hand. If the court grants the motion, the plaintiff will be required to amend the complaint to provide the necessary specificity. Failure to plead a cause of action may result in a motion to dismiss for failure to state a claim upon which relief can be granted, according to Wisconsin Statutes Section 802.06(3).

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Civil procedure

special exceptions

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Wisconsin State Code

Wisconsin State Code

Civil procedure

special exceptions

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