9-11-9
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9-11-9.
(a)
Capacity.
It is not necessary to aver the capacity of a party to bring or defend an
action, the authority of a party to bring or defend an action 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, the capacity of any party to bring or defend an
action, or the authority of a party to bring or defend an action in a
representative capacity, he 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 circumstance constituting fraud or mistake shall be
stated with particularity. Malice, intent, knowledge, and other condition 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, of a 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.