Rule 9.Pleading special matters

Title III: Pleadings; Motions; Scheduling · Last amended July 1, 2016 · Last verified July 14, 2026

In one sentenceRule 9 spells out special pleading requirements for particular situations, including capacity to sue, fraud, conditions precedent, damages, and property descriptions, where the ordinary short-and-plain standard needs to be adjusted.

Full Text of Rule 9

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

(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.

(3) Unknown owner; Unknown heirs or devisees. When persons are made parties by designation of unknown owners of property, the pleader must briefly allege such facts known by the pleader to identify the unknown owners and their connection to the claim, including a brief description of the property. When persons are made parties by designation of unknown heirs or devisees of any deceased person, the pleader must briefly allege such facts known by the pleader to identify the unknown heirs or devisees and their connection to the claim, including the name of the deceased person.

(b) Fraud or mistake; Conditions of mind; Violation of rights. In alleging fraud or mistake, or a violation of civil or constitutional rights, a party must state with particularity the circumstances constituting the fraud or mistake or the violation of civil or constitutional rights. 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, and to refer to any statute, regulation or ordinance by appropriate designation in the official or a recognized compilation.

(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) Damages. If an item of special damage is claimed, it must be specifically stated by category and specific dollar amounts may be alleged. When items of general damage or punitive damages are alleged, the pleading must not allege or state a dollar amount or figure, except that it may state that the amount claimed meets a jurisdictional threshold.

(h) Limitations. In pleading the statute of limitations it is sufficient to state generally that the action is barred, and the applicable statute or Session Law relied upon must be pled with particularity.

(i) Libel and slander. In an action for libel or slander it is sufficient to state, generally, the defamatory matter that was published or spoken concerning the plaintiff. In such an action, the defendant may in his answer, allege both the truth of the alleged defamatory statement, and any mitigating circumstances to reduce the amount of damages.

(j) Description of real property. In an action for the recovery of real property, the property at issue must be described sufficiently as to enable an officer, upon execution, to identify it.

End

Amendment History

(Adopted March 1, 2016, effective July 1, 2016.)

Plain-English Summary

Most facts do not need much detail in a pleading, but a handful of categories call for different treatment. A party does not have to plead that another party has the capacity or authority to sue or be sued, or that an association exists as a legal entity — anyone who wants to contest that has to raise it through a specific denial backed by supporting facts. Fraud, mistake, and violations of civil or constitutional rights work the opposite way: a party alleging one of these must state the circumstances with particularity, though a person's state of mind, such as malice or intent, can still be alleged in general terms.

Some allegations get a shortcut. Conditions precedent, official documents or acts, and judgments can all be pleaded generally rather than proven point by point — though denying that a condition precedent occurred requires particularity. Time and place allegations matter when a pleading's sufficiency is tested. Damages get their own treatment too: special damages must be stated by category with specific dollar amounts, but general or punitive damages cannot include a dollar figure, apart from noting that a jurisdictional threshold is met.

A few other categories round out the rule. The statute of limitations can be pleaded generally, but the specific statute relied on must be identified with particularity. Libel and slander claims can describe the defamatory statement in general terms, and a defendant can answer by pleading truth or other facts that would reduce damages. A claim to recover real property must describe the property precisely enough that an officer enforcing a judgment could identify it.

Frequently Asked Questions

Do I have to prove a party's legal capacity to sue in my complaint?

No. Except when it is needed to show jurisdiction, a pleading does not need to allege a party's capacity or authority to sue or be sued. Anyone who wants to challenge that has to do so through a specific denial with supporting facts.

How specific does a fraud allegation need to be?

A party alleging fraud or mistake must state the circumstances with particularity, though the person's state of mind, such as intent or knowledge, can be alleged generally.

Can I plead conditions precedent generally, or do I have to detail each one?

It suffices to allege generally that all conditions precedent have occurred or been performed. A party denying that a condition precedent occurred, however, must do so with particularity.

Can I state a specific dollar amount for my damages claim?

Only for special damages, which must be stated by category with a specific dollar amount. General or punitive damages cannot include a dollar figure, beyond stating that a jurisdictional threshold is met.

How much detail does a real property description need in an action to recover it?

Enough to let an officer enforcing a judgment identify the property being recovered.

Source & verification. Rule text are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the Supreme Court of Idaho. Last verified July 14, 2026. · Official source

Also known as: pleading fraud with particularity idahospecial damages pleading idahoconditions precedent pleading rule idahoidaho rule 9 pleading requirementscapacity to sue pleading requirement idaho