Rule 9 — Pleading Special Matters

Fed. R. Civ. P. 9

• Source: Federal Rules of Civil Procedure
• Rule: 9
• TITLE III: PLEADINGS AND MOTIONS
• Citation: Fed. R. Civ. P. 9

Text

(a) CAPACITYORAUTHORITYTOSUE; LEGALEXISTENCE.
(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 representa-
tive capacity; or
(C) the legal existence of an organized association of per-
sons 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 support-
ing facts that are peculiarly within the party’s knowledge.
(b) FRAUD OR MISTAKE; CONDITIONS OF MIND. In alleging fraud or
mistake, a party must state with particularity the circumstances
constituting fraud or mistake. Malice, intent, knowledge, and
other conditions of a person’s mind may be alleged generally.
(c) CONDITIONS PRECEDENT. In pleading conditions precedent, it
suffices to allege generally that all conditions precedent have oc-
curred or been performed. But when denying that a condition
precedent has occurred or been performed, a party must do so with
particularity.
(d) 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.
(e) JUDGMENT. In pleading a judgment or decision of a domestic
or foreign court, a judicial or quasi-judicial tribunal, or a board
or officer, it suffices to plead the judgment or decision without
showing jurisdiction to render it.
(f) TIME AND PLACE. An allegation of time or place is material
when testing the sufficiency of a pleading.
(g) SPECIAL DAMAGES. If an item of special damage is claimed,
it must be specifically stated.
(h) ADMIRALTYORMARITIMECLAIM.
(1) How Designated. If a claim for relief is within the admi-
ralty or maritime jurisdiction and also within the court’s sub-
ject-matter jurisdiction on some other ground, the pleading
may designate the claim as an admiralty or maritime claim
for purposes of Rules 14(c), 38(e), and 82 and the Supplemental
Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions. A claim cognizable only in the admiralty or maritime
jurisdiction is an admiralty or maritime claim for those pur-
poses, whether or not so designated.
(2) Designation for Appeal. A case that includes an admiralty
or maritime claim within this subdivision (h) is an admiralty
case within 28 U.S.C. §1292(a)(3).

Advisory Committee Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Mar. 30, 1970, eff. July 1, 1970; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 11, 1997, eff. Dec. 1, 1997; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007.)