What is an Opposition To A Special Exception?
An opposition to a special exception asks the court to rule that the pleading at issue is sufficient. The opposition will argue that the pleading in question is proper and presents valid claims. The opposition will likely set forth applicable law and argue that if the court finds the pleading is improper, leave to amend should be granted. Opposition papers are usually supported by a statement of facts, a legal brief or memorandum with citations to legal authority, and if necessary, exhibits, declarations, and affidavits.