Rule 9.Pleading Special Matters

Current through June 1, 2026 · Last verified July 10, 2026

In one sentenceRule 9 relaxes ordinary pleading rules for a handful of special situations — capacity to sue, unknown parties, fraud or mistake, conditions precedent, judgments, and special damages — telling a party exactly how much detail each one requires.

Full Text of Rule 9

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(a)(1) 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. 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, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge, and on such issue the party relying on such capacity, authority, or legal existence, shall establish same on the trial. (2) Identification of Unknown Party. When a party is designated in the caption as one “whose true name is unknown” the pleader shall allege such matters as are within his knowledge to identify such unknown party and his connection with the claim set forth. (3) Interest of Unknown Parties. When parties are designated in the caption as “all unknown persons who claim any interest in the subject matter of this action” the pleader shall describe the interests of such persons, and how derived, so far as his knowledge extends. (4) Description of Interest. Where unknown parties claim some interest through some one or more of the named defendants, it shall be a sufficient description of their interests and of how derived to state that the interests of the unknown parties are derived through some one or more of the named defendants. (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, and when so made the party pleading the performance or occurrence shall establish on the trial the facts showing such performance or occurrence. (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 within the United States or within a territory or insular possession subject to the dominion of the United States, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. A denial of jurisdiction shall be made specifically and with particularity and when so made the party pleading the judgment or decision shall establish on the trial all controverted jurisdictional facts. (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 Damages. When items of special damage are claimed, they shall be specifically stated. (h) [There is no section (h).]

(i) Pleading Statute. In pleading a statute of Colorado or of the United States, the same need not be set forth at length, but it shall be sufficient to refer to such statute by the appropriate designation in the official or recognized compilation thereof, or otherwise identify the same, and the court shall thereupon take judicial knowledge thereof.

End

Amendment History

The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.

Plain-English Summary

Rule 9 carves out special pleading rules for situations that come up often enough to need their own instructions. A party does not have to plead that another party has the legal capacity or authority to sue or be sued, or that an organization exists — that is assumed unless someone raises it as a specific, detailed objection. When a defendant's identity is unknown, the pleader must describe what is known about that person and how the person connects to the claim; the same goes for unknown parties who might claim an interest in property at stake in the action.

Fraud and mistake need more detail than an ordinary claim — the circumstances must be spelled out with particularity — while a person's intent, knowledge, or other state of mind can be alleged in general terms. Conditions precedent and prior judgments can both be pleaded in a general, conclusory way; if the other side wants to contest either one, that denial itself must be specific, and the burden then shifts to the party who pleaded the condition or judgment to prove it at trial. An official document or act gets the same general-pleading treatment but without that specific-denial mechanism — it is enough to aver that the document was issued or the act done in compliance with law. Special damages must be spelled out item by item, and a Colorado or federal statute can be referenced by its designation rather than quoted in full.

Frequently Asked Questions

Do I have to prove the other party has legal capacity to sue?

No — Rule 9(a) says capacity, authority, and legal existence are presumed unless someone raises a specific, detailed objection to them.

How much detail do I need when pleading fraud?

Rule 9(b) requires the circumstances of fraud or mistake to be stated with particularity, though a person's intent or knowledge may be alleged generally.

How do I plead that a condition precedent was met?

Rule 9(c) lets a party allege generally that all conditions precedent occurred; a denial of that must be specific, and then the pleader must prove performance at trial.

Do I need to quote the full statute I am relying on?

No — Rule 9(i) allows a party to identify a Colorado or federal statute by its official designation, and the court will take judicial notice of it.

Source & verification. The rule text is reproduced verbatim from the official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 9). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. · Official source

Also known as: pleading fraud with particularityhow to plead unknown parties Coloradoconditions precedent pleadingspecial damages pleading requirementciting a statute in a pleadingcapacity to sue or be sued