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 a partnership or 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, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
Rule 9.01.Capacity.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 9.01 excuses a pleader from alleging a party's capacity to sue or be sued, the authority of a representative party, or an association's legal existence, but requires anyone challenging those facts to raise a specific negative averment with supporting particulars within that party's knowledge.
Full Text of Rule 9.01
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Rule 9.01 removes a pleading burden that would otherwise slow down every lawsuit: a party doesn't need to allege that another party has the capacity to sue or be sued, that someone suing in a representative role -- an executor or a guardian, for example -- has the authority to do so, or that a partnership or association named as a party legally exists. Those facts are presumed unless someone challenges them.
A party who wants to contest capacity, authority, or legal existence has to raise it by a specific negative averment -- naming the defect directly -- and back it up with the supporting particulars within that party's knowledge. A general denial will not put capacity or authority at issue; the challenge has to be specific.
Frequently Asked Questions
Do I have to state in my complaint that I have the legal capacity to sue?
No. Rule 9.01 says it is not necessary to aver a party's capacity to sue or be sued, or the authority of someone suing in a representative capacity, or the legal existence of a partnership or association named as a party.
How do I challenge whether the other party has the authority to sue?
Rule 9.01 requires raising the issue by a specific negative averment, and that averment must include the supporting particulars that are within the challenging party's knowledge.
Can I dispute a party's capacity with a general denial?
No. Rule 9.01 requires a specific negative averment to put capacity, authority, or legal existence at issue; a general denial does not raise the point.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 9.01). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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