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.
Rule 9.03.Conditions precedent.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceA party pleading that conditions precedent were satisfied may say so in a general averment, but an opponent who denies that satisfaction must deny it specifically and with particularity, naming the condition that failed.
Full Text of Rule 9.03
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
Contracts and some claims depend on conditions precedent -- things that must happen before a duty to perform or a right to sue arises. Rule 9.03 lets the party relying on those conditions plead them in shorthand: a general statement that all conditions precedent have been performed or have occurred is enough. There is no need to list each condition and describe how it was met.
The rule tightens the screws on the other side. A party who wants to argue that a condition precedent was not satisfied cannot deny performance in general terms. The denial must be specific and particular, identifying which condition failed and how. This asymmetry keeps the pleadings focused: the burden of detail falls on whoever is raising the failure of a condition, not on whoever pleads its satisfaction.
Frequently Asked Questions
Do I have to list every condition precedent in my complaint?
No. Rule 9.03 allows a general averment that all conditions precedent have been performed or have occurred, without spelling out each one individually.
How do I deny that a condition precedent was met?
A denial of performance or occurrence must be specific and made with particularity. A general or blanket denial is not enough -- the denial has to identify what condition was not satisfied.
What counts as a condition precedent under this rule?
The rule does not define the term; it addresses only how conditions precedent are pleaded once they exist, whether they arise from a contract, a statute, or another source of the claim.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 9.03). 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
Also known as: pleading conditions precedent Kentuckygeneral averment conditions performedhow to deny a condition precedentCR 9.03specific denial of contract conditions