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
(B) a party's
or the authority
of a party to sue or be sued in a representative capacity;
(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
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
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
been performed, a party must do so with particularity.
(d) Official Document or Act. In pleading an official document or
official act, it
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
(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.
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; March 1, 2011.
Rule 9 is adapted from
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 March 1, 2011, 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; April
20, 1989, page 2; December 3, 1987, page 11; September 20-21, 1979, page 7;
Fed.R.Civ.P. 9 , FRCivP. Statutes Affected: Superseded: N.D.R.C. 1943 §§ 10-1401,
28-0720, 28-0723, 28-0728, 28-0730.
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) ,