We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is a Declinatory Exception? A Comprehensive Legal Overview
Definition & Meaning
A declinatory exception is a legal term used to describe a specific type of objection that a party can raise in court. Its primary purpose is to challenge the court's jurisdiction over a case without attempting to defeat the action itself. Common grounds for a declinatory exception include issues such as a pending lawsuit on the same matter (lis pendens), improper venue, improper service of process, or a lack of personal or subject matter jurisdiction.
Table of content
Legal Use & context
Declinatory exceptions are primarily used in civil litigation. They allow a defendant to contest the court's authority to hear a case before addressing the merits of the case itself. This can be an important strategy for defendants who believe that the court does not have the right to rule on the matter due to jurisdictional issues. Users can manage some aspects of this process by utilizing legal templates available through US Legal Forms, which can help them prepare the necessary documents for filing a declinatory exception.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A defendant receives a lawsuit filed in a state where they do not reside and where the events in question did not occur. They can file a declinatory exception arguing that the court lacks personal jurisdiction over them.
(Hypothetical example) If a plaintiff files a lawsuit while a similar case is already pending in another court, the defendant can raise a declinatory exception based on lis pendens, asserting that the current court should not hear the case.
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Allows declinatory exceptions based on improper venue and jurisdiction.
New York
Specifies strict timelines for filing declinatory exceptions.
Texas
Requires specific procedural steps to raise a declinatory exception.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Declinatory Exception
An objection to the court's jurisdiction without defeating the action.
Focuses on jurisdictional issues.
Dilatory Exception
A delay tactic that can postpone the proceedings.
May aim to delay rather than challenge jurisdiction.
Motion to Dismiss
A request to terminate the case entirely.
Aims to defeat the action, rather than just challenge jurisdiction.
Common misunderstandings
What to do if this term applies to you
If you believe a declinatory exception applies to your situation, consider the following steps:
Review the grounds for the declinatory exception to ensure you have a valid claim.
Prepare the necessary legal documents, which may include a motion or written objection.
Consult with a legal professional if you are unsure about the process or need assistance.
Explore US Legal Forms for templates that can guide you through filing a declinatory exception.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.