Exception
A formal objection that a pleading is legally defective even if the facts pleaded are accepted for the purpose of the objection.
Definition
An exception is usually raised when a pleading is said to lack the necessary legal basis, be vague and embarrassing, or fail to disclose a claim or defence. The practical review should check the pleading, the exact objection, notice requirements, opportunity to amend, prejudice, costs risk, and whether amendment, clarification, plea, or exception is the right procedural route.
Key takeaways
A formal objection that a pleading is legally defective even if the facts pleaded are accepted for the purpose of the objection.
Civil Procedure
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Related legal problems
This glossary provides general information only and does not constitute legal advice.
Common situations
Defective pleading
Civil claim objection
Pleadings dispute
Related resources
Resources and guides
Court Process Timeline Map
Process resource for summons, notices, pleadings, hearings, judgment, and enforcement milestones.
Civil ProcedureClient Document PackCivil Litigation Consultation Pack
Civil Litigation Consultation Pack: prepare Summons, Notice of motion, Pleadings and identify missing records before legal advice.
Civil ProcedureChecklistLitigation Checklist
Litigation Checklist for preparing documents, facts, dates, and questions connected to civil procedure.
Civil ProcedureFAQs
Exception FAQs
What does Exception mean?
A formal objection that a pleading is legally defective even if the facts pleaded are accepted for the purpose of the objection.
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