Rule 9.Pleading Special Matters

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 9 sets special pleading rules for certain matters: fraud and mistake must be stated with particularity, while malice, intent, knowledge, and other conditions of mind may be alleged generally, along with rules for capacity, conditions precedent, and special damages.

Full Text of Rule 9

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) 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

(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.

(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 occurred 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) Admiralty or Maritime Claim.

(1) How Designated. If a claim for relief is within the admiralty or maritime jurisdiction and also within the court's subject-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 purposes, 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).

End

Amendment History

(Amended February 28, 1966, effective July 1, 1966; December 4, 1967, effective July 1, 1968; March 30, 1970, effective July 1, 1970; March 2, 1987, effective August 1, 1987; April 11, 1997, effective December 1, 1997; April 12, 2006, effective December 1, 2006; April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Most claims live under Rule 8’s short-and-plain standard, but Rule 9 carves out matters that need more — or less — detail. A party alleging fraud or mistake must state the circumstances with particularity: in practice, the who, what, when, where, and how of the alleged misconduct. By contrast, malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.

The rule also simplifies several recurring points: a party need not plead capacity to sue or be sued except to raise the issue; conditions precedent may be alleged generally; and items of special damage must be specifically stated. It includes pleading rules for official documents, judgments, time and place, and admiralty claims as well.

Frequently Asked Questions

What does it mean to plead fraud with particularity?

Under Rule 9(b), a party alleging fraud or mistake must state the circumstances constituting it with particularity — typically the specific who, what, when, where, and how — though intent and knowledge may be alleged generally.

Do you have to plead special damages?

Yes. Rule 9(g) requires that items of special damage be specifically stated rather than alleged generally.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 9), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 9Fed. R. Civ. P. 9pleading special mattersfraud with particularityRule 9(b)special damages