Rule 9.Pleading Special Matters

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 9 carves out exceptions to notice pleading: fraud and mistake must be pleaded with particularity, while matters like capacity, conditions of the mind, and conditions precedent may be alleged generally.

Full Text of Rule 9

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

(a) Capacity or Authority to Sue; Legal Existence.

(1) In General. 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.

End

Plain-English Summary

Most claims are governed by the relaxed notice-pleading standard of Rule 8. Rule 9 lists the special matters that get different treatment.

The headline rule: a party alleging fraud or mistake must state the circumstances with particularity — the specifics of who did what. Because state of mind is hard to detail, malice, intent, knowledge, and similar conditions may be alleged generally. Other special matters cut the other way toward generality: a pleader need not allege a party’s capacity, authority, or legal existence (an opponent raises those by specific denial), and may allege generally that all conditions precedent have occurred — though a party denying a condition precedent must do so with particularity. Items of special damages must be specifically stated.

Frequently Asked Questions

How do I plead fraud in Montana?

With particularity — you must state the specific circumstances constituting the fraud or mistake. Intent, knowledge, and other states of mind may be alleged generally.

Do I have to allege that a party has capacity to sue?

No. A pleading need not allege capacity, authority to sue in a representative capacity, or an organization’s legal existence; an opponent raises those issues by specific denial.

What are special damages, and how must they be pleaded?

Damages that do not normally flow from the wrong alleged. If claimed, they must be specifically stated in the pleading.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: pleading fraudfraud with particularityspecial mattersconditions precedent