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Rule 9. Pleading special matters.

(a)Capacity or Authority to Sue; LegalExistence.

(1) In General. Except when required to showthat the court has jurisdiction, a pleading need not allege:

(A) a party'scapacity to sue or be sued;

(B) a party'sauthority to sue or be sued in a representative capacity; or

(C) the legalexistence of an organized association of persons that is made a party.

(2) Raising Those Issues. To raise any ofthose issues, a party must do so by a specific denial, which must state anysupporting facts that are peculiarly within the party's knowledge.

(b)Unknown parties.

(b)(1)Designation. When a partydoes not know the name of an opposing party, it may state that fact in thepleadings, and designate the opposing party in a pleading by any name. When thetrue name of the opposing party becomes known, the pleading must be amended.

(b)(2)Descriptions of interest in quiet titleactions. If one ormore parties in an action to quiet title are designated in the caption as?unknown,? the pleadings may describe the unknown persons as ?all other personsunknown, claiming any right, title, estate or interest in, or lien upon thereal property described in the pleading adverse to the complainant's ownership,or clouding its title.?

(c)Fraud, mistake, condition of the mind. In alleging fraud or mistake, a party muststate with particularity the circumstances constituting fraud or mistake. Malice,intent, knowledge, and other conditions of a person?s mind may be alleged generally.

(d)Conditions precedent. In pleading conditions precedent, it issufficient to allege generally that all conditionsprecedent have been performed or have occurred. When denying that a conditionprecedent has been performed or has occurred, a party must do so withparticularity.

(e)Official document or act. In pleading an official document or officialact it is sufficient to allege that the document was legally issued or the act waslegally done.

(f)Judgment. In pleading a judgment or decision of adomestic or foreign court, a judicial or quasijudicial tribunal, or aboard or officer, it is sufficient to plead the judgment or decision withoutshowing jurisdiction to render it.

(g)Time and place. An allegation of time or place is materialwhen testing the sufficiency of a pleading.

(h)Special damage. If an item of special damage is claimed, itmust be specifically stated.

(i) Statute oflimitations. Inpleading the statute of limitations it is not necessary to state the factsshowing the defense but it may be alleged generally that the cause of action isbarred by the statute, referring to or describing the statute by sectionnumber, subsection designation, if any, or designating the provision relied onsufficiently to identify it.

(j)Private statutes; ordinances. In pleading a private statute, an ordinance,or a right derived from a statute or ordinance, it is sufficient to refer to thestatute or ordinance by its title and the day of its passage or by its sectionnumber or other designation in any official publication of the statute orordinance. The court will take judicial notice of the statute or ordinance.

(k)Libel and slander.

(k)(1) Pleading defamatory matter. In an action for libel or slander it is sufficient to allege generallythat the defamatory matter out of which the action arose was published orspoken concerning the plaintiff. If the allegation is denied, the partyalleging the defamatory matter must establish at trial that it was published orspoken.

(k)(2) Pleading defense. The defendant may allege the truth of the matter charged as defamatoryand any mitigating circumstances to reduce the amount of damages. Whether ornot justification is proved, the defendant may give evidence of the mitigatingcircumstances.

(l)Allocation of fault.

(l)(1) A party seeking to allocate fault toa non-party under Title 78B, Chapter 5, Part8 must file:

(l)(1)(A) adescription of the factual and legal basis on which fault can be allocated; and

(l)(1)(B) informationknown or reasonably available to the party identifying the non-party, includingname, address, telephone number and employer. If the identity of the non-partyis unknown, the party must so state.

(l)(2) The information specified in ?paragraph (l)(1) must be included in theparty's responsive pleading if then known or must be included in a supplementalnotice filed within a reasonable time after the party discovers the factual andlegal basis on which fault can be allocated. The court, upon motion and forgood cause shown, may permit a party to file the information specified in paragraph(l)(1) after the expiration of any period permitted bythis rule, but in no event later than 90 days before trial.

(l)(3) A party must not seek to allocatefault to another except by compliance with this rule.

 

AdvisoryCommittee Notes

 

Effectiveas of November 1, 2016.