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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 West Virginia, as in many jurisdictions, the initial pleading filed by a plaintiff is known as a complaint, which sets forth the plaintiff's claims and the factual basis for those claims. The purpose of the complaint is to provide notice to the defendant of the claims against them and to establish the framework for the legal issues to be addressed in the case. 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 the West Virginia 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. If the court finds the complaint to be deficient in some way, it may order the plaintiff to amend the complaint to meet the necessary standards of clarity and specificity.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

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Civil procedure

special exceptions