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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 Florida, the legal concept of 'special exceptions' is not used; instead, Florida courts refer to 'motions to dismiss' or 'motions for more definite statement' under the Florida Rules of Civil Procedure. When a plaintiff files a complaint, it must provide a short and plain statement of the grounds for the court's jurisdiction, a short and plain statement of the claim showing that the plaintiff is entitled to relief, and a demand for judgment for the relief the plaintiff seeks. If the defendant believes the complaint is vague, ambiguous, or lacks sufficient detail, they may file a motion for more definite statement (Rule 1.140(e)). This compels the plaintiff to clarify or specify the allegations so the defendant can adequately respond. If the complaint fails to state a cause of action, the defendant may file a motion to dismiss (Rule 1.140(b)). These procedural tools serve to ensure that the pleadings are clear and meet the legal requirements to proceed with a case.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Florida State Code

Florida State Code

Civil procedure

special exceptions

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