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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 Georgia, the legal concept of 'special exceptions' is not commonly used; instead, the state follows the Civil Practice Act, which governs civil procedure. When a plaintiff files a complaint, it must provide a short and plain statement of the claims showing that the plaintiff is entitled to relief, and a demand for the relief sought. If the defendant believes the complaint is vague, ambiguous, or lacks sufficient detail, they may file a motion for a more definite statement under OCGA § 9-11-12(e). This motion compels the plaintiff to clarify or specify the allegations so that the defendant can adequately respond. Additionally, if the complaint fails to state a claim upon which relief can be granted, the defendant may file a motion to dismiss under OCGA § 9-11-12(b)(6). These procedural tools serve a similar purpose to 'special exceptions' by ensuring that 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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Georgia State Code

Georgia State Code

Civil procedure

special exceptions

Articles