(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
, 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
conditions of a person's mind of a person may be
averred alleged generally.
(c) Conditions Precedent. In pleading
the performance or occurrence of
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
been performed, a party must do so with particularity.
(d) Official Document or Act. In pleading an official document or official act, it
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
(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
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
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 January 24, 2008, pages 16-17;
20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 7;
Fed.R.Civ.P. 9 , FRCivP.
Superseded: N.D.R.C. 1943 §§ 10-1401, 28-0720, 28-0723, 28-0728,
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) ,