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Simple English definitions for legal terms
special exception
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A quick definition of special exception:
A special exception is a type of objection made by a party in a court case. It is different from a general exception, which points out a substantive defect in an opponent's pleading. A special exception is made when a party objects to the form of an opponent's claim, such as for vagueness or ambiguity. It is a way for the objecting party to preserve their objection for appeal. Attorneys may say "I except" or "I object" to make an exception or objection. However, in most courts, an exception is no longer required to preserve the initial objection.
A more thorough explanation:
A special exception is an objection made by a party to the form of an opponent's claim, rather than the substance. This objection can be for vagueness or ambiguity. It is different from a general exception, which points out a substantive defect in an opponent's pleading.
For example, if a plaintiff files a complaint that is unclear or does not provide enough detail, the defendant can file a special exception to ask the court to require the plaintiff to clarify or provide more information. This objection is not about the substance of the claim, but rather the form in which it was presented.
Another example of a special exception is when a party objects to the admissibility of evidence because it is not relevant or is hearsay. This objection is not about the substance of the evidence, but rather the form in which it was presented.
Overall, a special exception is a way for a party to challenge the form of an opponent's claim or evidence, rather than the substance, in order to ensure a fair and just legal process.