# Dist.R.Civ.P. 9: Rule 9. Pleading Special Matters

> Rhode Island · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R9

## Section

- **Citation:** Dist.R.Civ.P. 9
- **Heading:** Rule 9. Pleading Special Matters
- **Jurisdiction:** Rhode Island
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Rhode Island Court Rules / District Court / District Court Civil Rules / Dist.R.Civ.P. 9

## Text

(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.

## Nearby sections

- [Dist.R.Civ.P. 1 Rule 1. Scope of Rules and Mandatory Electronic Filing](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R1.md)
- [Dist.R.Civ.P. 2 Rule 2. One Form of Action](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R2.md)
- [Dist.R.Civ.P. 3 Rule 3. Commencement of Action](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R3.md)
- [Dist.R.Civ.P. 4 Rule 4. Process, Attachment, Trustee Process, Arrest](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R4.md)
- [Dist.R.Civ.P. 5 Rule 5. Service and Filing of Pleadings and Other Papers](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R5.md)
- [Dist.R.Civ.P. 6 Rule 6. Time](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R6.md)
- [Dist.R.Civ.P. 7 Rule 7. Pleadings Allowed](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R7.md)
- [Dist.R.Civ.P. 8 Rule 8. General Rules of Pleading](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R8.md)
- [Dist.R.Civ.P. 9 Rule 9. Pleading Special Matters](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R9.md)
- [Dist.R.Civ.P. 10 Rule 10. Form of Pleadings](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R10.md)
- [Dist.R.Civ.P. 11 Rule 11. Signing of Pleadings, Motions, and other papers; Sanctions](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R11.md)
- [Dist.R.Civ.P. 12 Rule 12. Defenses and Objections](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R12.md)
- [Dist.R.Civ.P. 13 Rule 13. Counterclaim and Cross-claim](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R13.md)
- [Dist.R.Civ.P. 14 Rule 14. Third-party Practice](https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_RI_DISTCIV_R9. Check the current official text before relying on it. Not legal advice.