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.
Rule 9.02.Fraud, mistake, condition of mind.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 9.02 requires the circumstances of fraud or mistake to be pleaded with particularity, describing the specific facts behind the claim, while allowing malice, intent, knowledge, and other conditions of mind to be averred in general terms.
Full Text of Rule 9.02
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 9.02 sets a higher pleading standard for fraud and mistake: the circumstances behind the fraud or mistake must be stated with particularity, not left to a bare allegation that fraud occurred. A party alleging fraud needs to describe the who, what, and how of the deception.
States of mind get the opposite treatment. Malice, intent, knowledge, and other conditions of mind can be averred generally, without the level of detail required for the underlying facts of fraud or mistake.
Frequently Asked Questions
How much detail do I need to plead fraud in Kentucky?
Rule 9.02 requires the circumstances constituting fraud or mistake to be stated with particularity, rather than a general allegation that fraud occurred.
Do I need to plead intent or knowledge in detail too?
No. Rule 9.02 allows malice, intent, knowledge, and other condition of mind to be averred generally, unlike the particularity required for the facts of fraud or mistake.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 9.02). 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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