Rule 9.06.Special damages.
Current through June 18, 2026 · Last verified July 9, 2026
Full Text of Rule 9.06
Amendment History
(Adopted effective July 1, 1953.)
Plain-English Summary
Special damages are the losses that flow from particular facts of a case rather than damages the law presumes from the wrong itself. Rule 9.06 requires that when a party claims special damages, the pleading must state them specifically -- naming and describing the items rather than lumping them into a general damages request.
This gives the opposing party fair notice of exactly what financial harm is being claimed, so it can investigate and respond to those specific items rather than guessing at what a general damages figure might include.
Frequently Asked Questions
What does it mean to plead special damages specifically?
Rule 9.06 requires that items of special damage be specifically stated in the pleading, rather than referred to only in general terms.
What happens if special damages are not specifically pleaded?
The rule sets the pleading requirement itself -- items of special damage must be specifically stated -- so a claim that fails to itemize them does not meet that requirement.
Does this rule apply to all damages or just special damages?
It applies only to special damages. The rule does not change how ordinary or general damages are pleaded.