(a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of and organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. 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 desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
Rule 9.Pleading Special Matters.
Last amended July 15, 1994 · Last verified July 6, 2026
In one sentenceRule 9 raises the pleading bar for a handful of specific situations — fraud and mistake must be pled with particularity and special damages spelled out specifically — while easing it for others, letting a party plead a person's capacity, a condition precedent, an official act, or a prior judgment in general terms.
Full Text of Rule 9
(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 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, 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) Statutes and Ordinances. In pleading any statute or ordinance or other enactment of the state or a subdivision thereof, it is sufficient to identify the statute, ordinance or enactment without setting forth the matter contained therein.
(g) 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.
(h) Special Damage. When items of special damage are claimed, they shall be specifically stated.
Amendment History
(Adopted by SCO 5 October 9, 1959; amended by SCO 1153 effective July 15, 1994)
Plain-English Summary
Most of the time, a party doesn't need to plead that another party has the legal capacity or authority to sue or be sued — Rule 9(a) presumes it, unless someone wants to challenge it, in which case the challenge must come as a specific negative averment backed by particulars. The same general-pleading approach covers conditions precedent (it's enough to say generally that they've all been satisfied), official documents or acts (enough to say the act complied with law), prior judgments (enough to state the judgment without proving the court's jurisdiction to issue it), and statutes or ordinances (enough to identify them without quoting their contents).
Fraud and mistake work the other way: Rule 9(b) requires the circumstances constituting the fraud or mistake to be stated with particularity, though a person's malice, intent, or knowledge may still be averred generally. Special damages get the same heightened treatment — they must be specifically stated rather than folded into a general damages claim — and averments of time and place are treated as material, so they count when testing whether a pleading says enough.
Frequently Asked Questions
Do I need to prove a party’s legal capacity to sue in the complaint itself?
No. Capacity, authority, and legal existence are presumed unless another party challenges them through a specific negative averment backed by supporting particulars.
How specifically must I plead fraud or mistake?
With particularity — the circumstances constituting the fraud or mistake must be spelled out, though a person’s malice, intent, or knowledge may still be alleged generally.
What if I’m claiming special damages, like lost profits or specific out-of-pocket costs?
They must be specifically stated in the pleading under (h), not folded into a general claim for damages.
Source & verification. The rule text, Amendment History, and Notes are reproduced verbatim from the
official Alaska Rules of Civil Procedure (Alaska R. Civ. P. 9). Prescribed by the Supreme Court of Alaska (Alaska Const. art. IV, § 15). The plain-English summary is original and written by us. Last verified July 6, 2026. ·
Official source
Also known as: pleading fraud with particularity Alaskaspecial damages pleading Alaskaconditions precedent pleadingcapacity to sue AlaskaAlaska R. Civ. P. 9