(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 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, the party 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 January 1, 2000 · Last verified July 3, 2026
In one sentenceRule 9 sets special pleading rules for matters like a party's capacity to sue, fraud or mistake, conditions precedent, official acts, prior judgments, and claims for special damages.
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) 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.
(g) Special damage. When items of special damage are claimed, they shall be specifically stated.
Amendment History
Amended December 7, 1999, effective January 1, 2000
Plain-English Summary
Rule 9 sets special pleading requirements for a handful of recurring situations. A party doesn't need to plead its own capacity to sue, another party's capacity to be sued, or the legal existence of an organized association that is a party, but a party who wants to contest any of those must raise it through a specific negative averment backed by supporting detail. Fraud and mistake, by contrast, must be pleaded with particularity, though a person's state of mind, such as malice, intent, or knowledge, can be averred generally.
The rule also simplifies pleading around conditions precedent, where a general averment that they occurred is enough though a denial must be specific, official documents and acts, and judgments of a court or tribunal, none of which require the pleader to show the underlying jurisdiction or authority. Time and place, when they matter to a pleading's sufficiency, are treated like any other material averment, and any claim for special damages must be specifically stated rather than left general.
Frequently Asked Questions
Does a complaint need to explain why a party has the legal capacity to sue?
No. Rule 9(a) says capacity to sue or be sued need not be pleaded; a party contesting capacity must raise it through a specific negative averment with supporting detail.
How specifically must fraud be pleaded under Rule 9?
With particularity. Rule 9(b) requires the circumstances constituting fraud or mistake to be stated with particularity, though a person's intent or knowledge may be averred generally.
What does Rule 9 require for a claim of special damages?
Rule 9(g) requires items of special damage to be specifically stated, not left as a general allegation.
Source & verification. The rule text and History are reproduced verbatim from the
official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 9). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as: pleading fraud with particularitycapacity to sue or be suedconditions precedent pleadingspecial damages pleading