Rule 9.Pleading special matters

Group III: Pleadings and Motions · Last amended March 1, 2017 · Last verified July 14, 2026

In one sentenceRule 9 adjusts the normal pleading standard for particular subjects, requiring more detail for fraud and special damages and less for things like capacity or official acts.

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) Municipal ordinance. — In pleading a municipal ordinance or a right derived therefrom, it shall be sufficient to refer to such ordinance by its title or other applicable designation and the name of the municipality which adopted the same.

End

Amendment History

Added February 2, 2017, effective March 1, 2017.

Plain-English Summary

Most facts get pled in short, plain terms, but Rule 9 singles out a handful of subjects for different treatment. A party generally does not need to allege another party's legal capacity or authority to sue unless capacity is the reason the court has jurisdiction; anyone who wants to contest capacity must raise it through a specific denial backed by supporting facts. Fraud or mistake, by contrast, demands more: the circumstances behind the claim must be spelled out with particularity, though a person's state of mind — malice, intent, knowledge — can still be alleged in general terms.

The rule streamlines several other recurring situations. Conditions precedent can be pled as generally satisfied, though a denial that one was not met must be specific. Official documents, judgments, and municipal ordinances can be referenced without reciting the authority behind them. Time and place matter only when they bear on whether a pleading is sufficient, and any claim for special damages must be spelled out specifically rather than left to inference.

Frequently Asked Questions

Do I have to plead that a party has the legal capacity to sue?

Generally no. Rule 9 excuses a pleader from alleging capacity, representative authority, or the legal existence of an association, except when capacity is what gives the court jurisdiction.

How specific does a fraud allegation need to be?

Rule 9(b) requires the circumstances constituting the fraud or mistake to be stated with particularity. A person's underlying intent or knowledge, however, can still be alleged generally.

How do I plead that a condition precedent was satisfied?

A general allegation that all conditions precedent occurred or were performed is enough. A party denying that a condition was met, though, must state that denial with particularity.

What does Rule 9 require for special damages?

Any item of special damage must be specifically stated — a general demand for damages is not enough to cover it.

Do I need to establish jurisdiction to plead a prior judgment?

No. Rule 9(e) allows a party to plead a judgment or decision of a court or tribunal without showing that the body had jurisdiction to issue it.

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

Also known as: pleading fraud with particularityspecial damages pleading requirementcondition precedent pleadingcapacity to sue pleadingpleading a prior judgment