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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 Michigan, the legal process does not formally use the term 'special exceptions,' which is more commonly associated with Texas law. However, the concept is similar to what Michigan courts refer to as 'motion for a more definite statement' under Michigan Court Rules (MCR 2.115). This motion can be filed by a defendant when a plaintiff's complaint is so vague or ambiguous that the defendant cannot reasonably be required to frame a responsive pleading. The purpose of such a motion is to compel the plaintiff to clarify or specify the allegations in the complaint to ensure that the defendant is fully informed of the claims and can adequately prepare a defense. If the court grants the motion, the plaintiff must file an amended complaint that corrects the deficiencies. Failure to comply with the court's order may result in sanctions, including dismissal of the complaint. This procedural tool ensures that the pleadings meet the necessary standards of clarity and specificity to facilitate a fair and efficient resolution of the case.

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Civil procedure

special exceptions

Individual & Family Legal Plan

Articles

Michigan State Code

Civil procedure

special exceptions

Michigan State Code

Articles