Special exception & answer (State Court)

[Style of Case]

DEFENDANT'S SPECIAL EXCEPTIONS AND ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

_____, a Defendant in the above-styled and numbered cause (hereafter "Defendant"), files this response to the Original Petition filed by _____ (hereafter "Plaintiff") and would show the Court as follows:

SPECIAL EXCEPTIONS

Miscellaneous

Defendant specially excepts to the allegations contained in Paragraph _____ of Plaintiff's Original Petition which state that:

Defendant objects to this pleading because it is vague and general and does not sufficiently identify the facts supporting Plaintiff's allegations. Further, it does not specify _____. The Petition does not describe, with sufficient particularity, the facts and circumstances supporting the allegations made in this portion of the Petition. Therefore, the Petition should be amended to correct this defect.

Defendant requests that the Court set this Special Exception for hearing and, upon hearing, the Court enter an Order requiring the Petition be repled within a reasonable time.

Negligence

Defendant specially excepts to the allegations contained in Paragraph _____ of the Original Petition, which state:

Defendant objects to this pleading because it is vague and general and does not sufficiently identify the facts supporting the allegations of negligence in the Petition. Further, it does not specify the acts or omissions of the Defendant which allegedly constitute negligence. On its face, this pleading does not describe, with sufficient particularity, the alleged negligence. Therefore, the Petition should be amended to correct this defect.

Defendant requests that the Court set this Special Exception for hearing and, upon hearing, the Court enter an Order sustaining this Special Exception and requiring the Petition be repled within a reasonable time.

Course and Scope

Defendant specially excepts to the allegations contained in Paragraph _____ of the Original Petition, which state:

Defendant objects to this pleading because it is vague and general and does not sufficiently identify the facts supporting the allegation that agents and employees of Defendant were acting in the course and scope of their agency and employment. Further, on its face, this pleading does not describe, with sufficient particularity, the basis for the allegations that Defendant's employees were acting within the course and scope of their agency and/or employment. Therefore, the Petition...