Group III: Pleadings and Motions · Last amended 2017 · Last verified July 14, 2026
In one sentenceRule 9 sets special pleading standards for particular kinds of allegations — capacity to sue, fraud or mistake, conditions precedent, official documents and judgments, time and place, and special damages — that go beyond the general pleading rules in Rule 8.
(1)In General. Except when required to show that the court has jurisdiction, a pleading need not allege:
(A)a party’s capacity to sue or be sued;
(B)a party’s authority 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. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.
(b)FRAUD OR MISTAKE; CONDITIONS OF MIND. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
(c)CONDITIONS PRECEDENT. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. 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 suffices to allege that the document was legally issued or the act legally done.
(e)JUDGMENT. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.
(f)TIME AND PLACE. An allegation of time and place is material when testing the sufficiency of a pleading.
(g)SPECIAL DAMAGES. If an item of special damage is claimed, it must be specifically stated.
Rule 9 has been amended consistent with the 2007 stylistic changes to Federal Rule of Civil Procedure 9.
Comment:
Rule 9 identical to Federal Rule of Civil Procedure 9 except for deletion of section (h) thereof dealing with claims for relief "within the admiralty and maritime jurisdiction" which are within the exclusive jurisdiction of federal District Courts. See 28 U.S.C. § 1333(1).
Plain-English Summary
Some allegations need more, or in places less, than the general pleading standard requires, and Rule 9 spells out those special cases. Rule 9(a) says a pleading normally does not need to allege a party's capacity to sue or be sued, its authority to sue or be sued in a representative capacity, or the legal existence of an organized association named as a party — except when needed to establish jurisdiction. A party that wants to raise any of those issues must do so through a specific denial that states any supporting facts peculiarly within its own knowledge.
Rule 9(b) demands more detail for fraud or mistake: a party alleging either must state the circumstances with particularity, though malice, intent, knowledge, and other conditions of mind may still be alleged generally. Conditions precedent work the other way under Rule 9(c) — it is enough to allege generally that all conditions precedent have occurred or been performed, but a party denying that must do so with particularity. Rule 9(d) and Rule 9(e) similarly simplify pleading an official document or act (it suffices to allege it was legally issued or done) and pleading a judgment or decision of a court or tribunal (it suffices to plead the judgment without showing the jurisdiction to render it).
The rule closes with two narrow but consequential points. Rule 9(f) makes an allegation of time and place material when a court tests whether a pleading is sufficient, and Rule 9(g) requires that any item of special damage be specifically stated rather than folded into a general damages claim. Rule 9(h), which once addressed admiralty and maritime claims exclusively within federal court jurisdiction, has been deleted as inapplicable to Superior Court practice.
Frequently Asked Questions
Do I need to allege that the other party has the legal capacity to be sued?
Generally no. Rule 9(a)(1) says a pleading need not allege a party's capacity to sue or be sued, or its authority to sue or be sued in a representative capacity, unless that issue is needed to establish the court's jurisdiction.
How do I challenge the other side's capacity or authority to sue?
Rule 9(a)(2) requires a specific denial raising the issue, along with any supporting facts that are peculiarly within your own knowledge.
How much detail do I need to allege fraud?
Rule 9(b) requires stating the circumstances constituting fraud or mistake with particularity, though the accompanying state of mind — malice, intent, knowledge, and similar conditions — may still be alleged generally.
Do I need to prove every condition precedent was satisfied in my complaint?
No. Rule 9(c) lets you allege generally that all conditions precedent have occurred or been performed. But if you are denying that a condition precedent occurred, you must state that denial with particularity.
Do I need to itemize special damages separately in my pleading?
Yes. Rule 9(g) requires that any item of special damage be specifically stated rather than lumped into a general damages allegation.
Source & verification. Rule text and official Comments are
reproduced verbatim from the District of Columbia Superior Court Rules of Civil
Procedure, adopted by the Superior Court of the District of Columbia. Last verified July 14, 2026.
· Official source
Also known as:dc pleading special matters rule 9pleading fraud with particularity dc courtspecial damages must be specifically stated dcconditions precedent pleading dc superior court