# Minn. R. Civ. P. 9: Pleading Special Matters > Minnesota · Court rules · In force URL: https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R9 ## Section - **Citation:** Minn. R. Civ. P. 9 - **Heading:** Pleading Special Matters - **Jurisdiction:** Minnesota - **Kind:** Court rules - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Minnesota Court Rules / Rules of Civil Procedure / Rule 9 ## Text 9.01 Capacity It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of a partnership or an organized association of persons that is made a party. A party who desires to raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. 9.02 Fraud, Mistake, Condition of Mind In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally. 9.03 Conditions Precedent In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity. 9.04 Official Document or Act In pleading an official document or official act, it is sufficient to aver that the document was issued or the act was done in compliance with law; and in pleading any ordinance of a city, village, or borough or any special or local statute or any right derived from either, it is sufficient to refer to the ordinance or statute by its title and the date of its approval. 9.05 Judgment In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. 9.06 Time and Place For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter sion of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. 9.06 Time and Place For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter. 9.07 Special Damages When items of special damage are claimed, they shall be specifically stated. 9.08 Unknown Party; How Designated When a party is ignorant of the name of an opposing party and so alleges in the party's pleading, the opposing party may be designated by any name and when that opposing party's true name is discovered the process and all pleadings and proceedings in the action may be amended by substituting the true name. ## Nearby sections - [Minn. R. Civ. P. 1 Scope of Rules](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R1.md) - [Minn. R. Civ. P. 2 One Form of Action](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R2.md) - [Minn. R. Civ. P. 3 Commencement of the Action; Service of the Complaint; Filing of the Action](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R3.md) - [Minn. R. Civ. P. 4 Service](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R4.md) - [Minn. R. Civ. P. 5 Service and Filing of Pleadings and Other Documents](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R5.md) - [Minn. R. Civ. P. 5A Notice of Constitutional Challenge to a Statute](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R5A.md) - [Minn. R. Civ. P. 6 Time](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R6.md) - [Minn. R. Civ. P. 7 Pleadings Allowed; Form of Motions](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R7.md) - [Minn. R. Civ. P. 8 General Rules of Pleading](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R8.md) - [Minn. R. Civ. P. 9 Pleading Special Matters](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R9.md) - [Minn. R. Civ. P. 10 Form of Pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R10.md) - [Minn. R. Civ. P. 11 Signing of Pleadings, Motions, and Other Documents; Representations to Court; Sanctions](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R11.md) - [Minn. R. Civ. P. 12 Defenses and Objections; When and How Presented; By Pleading or Motion; Motion for Judgment on Pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R12.md) - [Minn. R. Civ. P. 13 Counterclaim and Cross-Claim](https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R13.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_MN_CP_R9. Check the current official text before relying on it. Not legal advice.