RULE 9. PLEADING SPECIAL MATTERS
(a) Capacity or Authority to Sue; Legal Existence.
(1) In General. A pleading need not allege:
It is not necessary to aver the a party's capacity of a party to sue or be sued;
(B) a party's
or the authority of a party to sue or be sued in a representative capacity; or
(C) the legal existence of an organized association of persons that is made a party.
(2) Raising Those Issues.
If 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 To raise any of those issues, the a party desiring to raise the issue shall must do so by a specific negative averment denial, which must include such state any supporting particulars as facts that are peculiarly within the pleader's party's knowledge.
, or Mistake ,; condition Conditions of the mind. In all averments of alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition conditions of a person's mind of a person may be averred alleged generally.
(c) Conditions Precedent. In pleading
the performance or occurrence of conditions precedent, it is sufficient suffices to aver allege generally that all conditions precedent have been performed or have occurred or been performed. A denial of performance or occurrence shall be made specifically and But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.
(d) Official Document or Act. In pleading an official document or official act, it
is sufficient to aver suffices to allege that the document was legally issued or the act legally done in compliance with law; and in. In pleading any an ordinance or regulation of a county, city, village, or other political subdivision, or any a special, local or private statute or any right derived therefrom, or the laws of another jurisdiction, it is sufficient suffices to refer to the ordinance, regulation, statute, or law by its title and date of its approval or in some other manner with convenient certainty.
(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 suffices to aver plead the judgment or decision without setting forth matter showing jurisdiction to render it.
(f) Time and place.
For the purpose of An allegation of time or place is material when testing the sufficiency of a pleading , averments of time and place are material and shall be considered like all other averments of material matter.
Damage Damages. When items If an item of special damage are damages is claimed, they shall it must be specifically stated.
(h) Name of Party.
When the pleader shall be If a party is ignorant of the name of a another party, such the unknown party may be designated in any a pleading or proceeding by any name and when the true name shall be is discovered, the pleading or proceeding may be amended accordingly.
Rule 9 was amended, effective March 1, 1990; _____________.
Rule 9 is adapted from
Rule Fed.R.Civ.P. 9 , FRCivP. Deviations from this federal rule are the deletion of a reference to showing jurisdiction of the court in subdivision (a); addition to subdivision (d) of procedure for pleading ordinances, regulations, and the like, of political subdivisions of this State or another jurisdiction; and substitution of procedure to be followed when the name of a party is unknown for the federal provision dealing with admiralty and maritime claims in subdivision (h).
Rule 9 was amended, effective _______________, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Sources: Joint Procedure Committee Minutes of _______________; April 20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 7;
Rule Fed.R.Civ.P. 9 , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 §§ 10-1401, 28-0720, 28-0723, 28-0728, 28-0730.
Rules N.D.R.Civ.P. 8 (General Rules of Pleading), N.D.R.Civ.P. 10 (Form of Pleadings), N.D.R.Civ.P. 12 (Defenses and Objections - When and How Presented - By Pleading or Motion - Motion for Judgment on Pleadings), and N.D.R.Civ.P. 15 (Amended and Supplemental Pleadings) , N.D.R.Civ.P.