What is a Special Exception?
A special exception is a request to the court under the Texas Rules of Civil Procedure to dismiss part or all of an opposing party’s pleading. The party filing a special exception must identify the opposing party’s pleading and specifically point out the defect, omission, obscurity, duplicity, or other insufficiency excepted to. Pleading defects not specifically excepted to are waived. In a jury trial, special exceptions must be filed before the jury is given instructions. In a non-jury trial, special exceptions must be filed before the judgment is signed.