Rule 9.05.Judgment.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 9.05
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 9.05 covers pleadings that lean on a prior judgment or decision -- domestic or foreign, from a court, a quasi-judicial tribunal, or a board or officer. Rather than requiring the pleader to establish jurisdiction on the face of the pleading, the rule allows a bare averment of the judgment or decision itself.
Jurisdiction to render the judgment does not have to be pleaded. If jurisdiction is in dispute, that fight happens through other means in the case, rather than through a requirement that every pleading relying on a judgment first justify the deciding body's authority to issue it.
Frequently Asked Questions
Do I have to show the court had jurisdiction when pleading a prior judgment?
No. Rule 9.05 says it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
Does this rule cover decisions from boards or officers, or only courts?
It covers judgments or decisions of a domestic or foreign court or judicial or quasi-judicial tribunal, as well as decisions of a board or officer.
Can someone still challenge whether the prior judgment was valid?
The rule only addresses how the judgment is pleaded. It does not prevent a challenge to the judgment's validity from being raised elsewhere in the case.