Ch. III: Pleadings and Motions · Current through June 1, 2026 · Last verified September 9, 2026
In one sentenceRule 9 relaxes pleading for capacity, conditions precedent, official acts and judgments, and tightens it for fraud, negligence and mistake, which must be pleaded with particularity.
(a)Capacity. It is not necessary to allege the capacity of a party to bring an action or have an action brought against that party or the authority of a party to bring an action or have an action brought against that party in a representative capacity or the legal existence of an organized association of persons that is made a party. 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, that party shall do so by specific negative averment, supported by affidavit when required by Rule 8(f), which negative averment shall include such supporting particulars as are peculiarly within the pleader's knowledge.
(b)Fraud, Negligence, Mistake, Condition of Mind. In all averments of fraud, negligence or mistake, the circumstances constituting fraud, negligence or mistakes shall be stated with particularity. Malice, intent, knowledge and other conditions 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)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.
End
Plain-English Summary
A rule of exceptions, and the exceptions run both ways.
Relaxed. There is no need to allege a party's capacity to sue or be sued, their authority to do so in a representative capacity, or the legal existence of an organised association. Conditions precedent may be averred generally — it is enough to say that all of them have been performed or have occurred. An official document or act may be pleaded by saying it was issued or done in compliance with law. A judgment of any court or tribunal may be pleaded without setting out the matter showing it had jurisdiction.
Tightened. In every averment of fraud, negligence or mistake, the circumstances constituting it must be stated with particularity. Malice, intent, knowledge and other conditions of mind may still be averred generally — because no pleader can know another person's mind before discovery, while they can always say what was done and when.
Denials of conditions precedent get the mirror-image treatment: generally averred, but specifically and particularly denied. And for the purpose of testing a pleading's sufficiency, averments of time and place are material and treated like any other material matter.
Frequently Asked Questions
Does fraud have to be pleaded with detail in Delaware?
Yes. In all averments of fraud, negligence or mistake, the circumstances constituting it must be stated with particularity.
Do I have to plead someone's intent in detail?
No. Malice, intent, knowledge and other conditions of mind may be averred generally.
How do I plead that all preconditions were met?
It is enough to aver generally that all conditions precedent have been performed or have occurred. A denial must be made specifically and with particularity.
Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 9), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. ·
Official source
Also known as:pleading fraud with particularity Delawareconditions precedent pleadingFam. Ct. Civ. R. 9