FEDERAL RULES OF CIVIL PROCEDURE
Articles III Rule 9

FEDERAL RULES OF CIVIL PROCEDURE

Articles III PLEADINGS AND MOTIONS

Federal Rules of Civil Procedure 

Rule 9. Pleading Special Matters

(a) Capacity.

It is not necessary to aver the capacity of a party to sue or be sued or the authority of a
party to sue or be sued in a representative capacity or the legal existence of an organized
association of persons that is made a party, except to the extent required to show the
jurisdiction of the court. When a party desires to raise an issue as to the legal existence of
any party or the capacity of any party to sue or be sued or the authority of a party to sue
or be sued in a representative capacity, the party desiring to raise the issue shall do so by
specific negative averment, which shall include such supporting particulars as are
peculiarly within the pleader's knowledge.

(b) Fraud, Mistake, Condition of the Mind.

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall
be stated with particularity. Malice, intent, knowledge, and other condition of mind of a
person may be averred generally.

(c) Conditions Precedent.

In pleading the performance or occurrence of conditions precedent, it is sufficient to aver
generally that all conditions precedent have been performed or have occurred. A denial of
performance or occurrence shall be made specifically and with particularity.

(d) Official Document or Act.

In pleading an official document or official act it is sufficient to aver that the document was
issued or the act done in compliance with law.

(e) Judgment.

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

(f) Time and Place.

For the purpose of testing the sufficiency of a pleading, averments of time and place are
material and shall be considered like all other averments of material matter.

(g) Special Damage.

When items of special damage are claimed, they shall be specifically stated.

(h) Admiralty and Maritime Claims.

A pleading or count setting forth a claim for relief within the admiralty and maritime
jurisdiction that is also within the jurisdiction of the district court on some other ground
may contain a statement identifying the claim as an admiralty or maritime claim for the
purposes of Rules 14(c) , 38(e) , 82 , and the Supplemental Rules for Certain Admiralty
and Maritime Claims . If the claim is cognizable only in admiralty, it is an admiralty or
maritime claim for those purposes whether so identified or not. The amendment of a
pleading to add or withdraw an identifying statement is governed by the principles of Rule
15 . A case that includes an admiralty or maritime claim within this subdivision is an
admiralty case within 28 U.S.C. § 1292(a)(3).

Federal Rules of Civil Procedure Articles III Rule 9. Pleading Special Matters Notes
 

Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules n
Federal Civil Procedure-Volume-56-Table of Contents   
Articles III PLEADINGS AND MOTIONS-Table of Contents-Links To LII  

Federal Rules of Civil Procedure Articles III Rule Rule 9. Pleading Special Matters