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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 Kentucky, as in many other jurisdictions, the initial pleading filed by a plaintiff is known as a complaint or petition. The purpose of this document is to provide the court and the defendant with a clear statement of the plaintiff's claims and the facts supporting those claims. If a defendant believes that the complaint is vague, ambiguous, or lacks the necessary specificity to formulate a response, they may file a motion for a more definite statement under the Kentucky Rules of Civil Procedure (CR) Rule 12.05. This is somewhat analogous to 'special exceptions' in other jurisdictions, which are used to challenge the sufficiency of a pleading. The goal of such a motion in Kentucky is to require the plaintiff to clarify or provide additional details about their claims so that the defendant can adequately respond. If the court grants the motion, the plaintiff will be ordered to file an amended complaint that corrects the deficiencies. Failure to plead a cause of action adequately may also be grounds for a motion to dismiss under CR Rule 12.02.

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Civil procedure

special exceptions

Individual & Family Legal Plan

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Kentucky State Code

Kentucky State Code

Civil procedure

special exceptions

Articles