Rule 9. Pleading Special Matters

(a) Capacity. It is not necessary to aver the

capacity of a party to sue or be sued in a representative capacity or the legal existence

of an organized association of persons that is made a party. When a party desires to

raise an issue as to the legal existence of any party or 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, the party shall do so by specific negative averment, which shall include

such supporting particulars as are peculiarly within the pleader's knowledge.

(b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or

mistake, the circumstances constituting fraud or mistake shall be stated with

particularity. Malice, intent, knowledge, and other conditions of mind of a person

may be averred generally.

(c) 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.

(d) 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 done in compliance with

law.

(e) 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.

(f) 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.

(g) Special Damage. When items of special damage are claimed, they shall be

specifically stated.