Rule 9 Pleading Special Matters

Capacity or Authority to Sue; Legal Existence.

(1) In General. Except when required to show that the court has jurisdiction, a pleading need not allege:

(A) a party’s capacity to sue or be sued;

(B) a party’s authority to sue or be sued in a representative capacity; or

(C) the legal existence of an organized association of persons that is made a party.

(2) Raising Those Issues. To raise any of those issues a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party’s knowledge.

Fraud, Mistake; Conditions of Mind. In alleging fraud or mistake, the circumstances constituting fraud or mistake must be stated with particularity. Malice, intent, knowledge, and other conditions of a person’s mind may be averred generally.

Conditions Precedent. In pleading conditions precedent, it is sufficient to allege generally that all conditions precedent have occurred or been performed. A denial of conditions precedent must be made specifically and with particularity.

Official Document or Act.

In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.

Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to allege the judgment or decision without showing jurisdiction to render it.

Time and Place. An allegation of time or place is material when testing the sufficiency of a pleading.

Special Damage. When items of special damage are claimed, they must be specifically stated.