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This rule was superseded on 11/1/2011. The current version of this rule is found at this page.

Rule 9. Pleading special matters.

(a)(1) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or theauthority of a party to sue or be sued in a representative capacity or thelegal existence of an organized association of persons that is made a party. Aparty may raise an issue as to the legal existence of any party or the capacityof any party to sue or be sued or the authority of a party to sue or be sued ina representative capacity by specific negative averment, which shall includefacts within the pleader's knowledge. If raised as an issue, the party relyingon such capacity, authority, or legal existence, shall establish the same onthe trial.

(a)(2) Designation of unknown defendant.When a party does not know the name of an adverse party, he may state that factin the pleadings, and thereupon such adverse party may be designated in anypleading or proceeding by any name; provided, that when the true name of suchadverse party is ascertained, the pleading or proceeding must be amendedaccordingly.

(a)(3) Actions to quiet title; descriptionof interest of unknown parties. In an action to quiet title wherein any of theparties are designated in the caption as "unknown," the pleadings maydescribe such unknown persons as "all other persons unknown, claiming anyright, title, estate or interest in, or lien upon the real property describedin the pleading adverse to the complainant's ownership, or clouding his titlethereto."

(b) Fraud, mistake, condition of the mind.In all averments of fraud or mistake, the circumstancesconstituting fraud or mistake shall be stated with particularity. Malice,intent, knowledge, and other condition of mind of a person may be averredgenerally.

(c) Conditions precedent. In pleading theperformance or occurrence of conditions precedent, it is sufficient to avergenerally that all conditions precedent have been performed or have occurred. Adenial of performance or occurrence shall be made specifically and withparticularity, and when so made the party pleading the performance oroccurrence shall on the trial establish the facts showing such performance oroccurrence.

(d) Official document or act. In pleading anofficial document or act it is sufficient to aver that the document was issuedor the act done in compliance with law.

(e) Judgment. In pleading a judgment ordecision of a domestic or foreign court, judicial or quasi judicial tribunal,or of a board or officer, it is sufficient to averthe judgment or decision without setting forth matter showing jurisdiction torender it. A denial of jurisdiction shall be made specifically and withparticularity and when so made the party pleading the judgment or decisionshall establish on the trial all controvertedjurisdictional facts.

(f) Time and place. For the purpose oftesting the sufficiency of a pleading, averments of time and place are materialand shall be considered like all other averments of material matter.

(g) Special damage. When items of specialdamage are claimed, they shall be specifically stated.

(h) Statute of limitations. In pleading thestatute of limitations it is not necessary to state the facts showing thedefense but it may be alleged generally that the cause of action is barred bythe provisions of the statute relied on, referring to or describing suchstatute specifically and definitely by section number, subsection designation,if any, or otherwise designating the provision relied upon sufficiently clearlyto identify it. If such allegation is controverted,the party pleading the statute must establish, on the trial, the facts showingthat the cause of action is so barred.

(i) Privatestatutes; ordinances. In pleading a private statute of this state, or anordinance of any political subdivision thereof, or a right derived from suchstatute or ordinance, it is sufficient to refer to such statute or ordinance byits title and the day of its passage or by its section number or otherdesignation in any official publication of the statutes or ordinances. Thecourt shall thereupon take judicial notice thereof.

(j) Libel and slander.

(j)(1) Pleading defamatory matter. It is notnecessary in an action for libel or slander to set forth any intrinsic factsshowing the application to the plaintiff of the defamatory matter out of whichthe action arose; but it is sufficient to state generally that the same waspublished or spoken concerning the plaintiff. If such allegation is controverted, the party alleging such defamatory mattermust establish, on the trial, that it was so publishedor spoken.

(j)(2) Pleading defense. In his answer to anaction for libel or slander, the defendant may allege both the truth of thematter charged as defamatory and any mitigating circumstances to reduce theamount of damages, and, whether he proves the justification or not, he may givein evidence the mitigating circumstances.

(k) Renew judgment. A complaint allegingfailure to pay a judgment shall describe the judgment with particularity orattach a copy of the judgment to the complaint.

(l) Allocation of fault.

(l)(1) A party seeking to allocate fault toa non-party under Title 78B, Chapter 5, Part 8 shallfile:

(l)(1)(A) adescription of the factual and legal basis on which fault can be allocated; and

(l)(1)(B) informationknown or reasonably available to the party identifying the non-party, includingname, address, telephone number and employer. If the identity of the non-partyis unknown, the party shall so state.

(l)(2) The information specified insubsection (l)(1) must be included in the party'sresponsive pleading if then known or must be included in a supplemental noticefiled within a reasonable time after the party discovers the factual and legalbasis on which fault can be allocated but no later than the deadline specifiedin the discovery plan under Rule 26(f). The court, upon motion and for goodcause shown, may permit a party to file the information specified in subsection(l)(1) after the expiration of any period permitted bythis rule, but in no event later than 90 days before trial.

(l)(3) A party may not seek to allocatefault to another except by compliance with this rule.