Part III. Pleadings and Motions · Last verified September 4, 2026
In one sentenceRule 9 sets the special pleading rules — fraud, mistake, duress and undue influence must be stated with particularity, while conditions precedent, official acts and judgments may be pleaded generally.
(a)Capacity. 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 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. (Identical to Mass.R.Civ.P. 9(a))
(b)Fraud, Mistake, Duress, Undue Influence, Condition of the Mind. In all averments of fraud, mistake, duress or undue influence, the circumstances constituting fraud, mistake, duress or undue influence shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally. (Identical to Mass.R.Civ.P. 9(b))
(c)Conditions Precedent. 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. (Identical to Mass.R.Civ.P. 9(c))
(d)Official Document or Act. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law. (Identical to Mass.R.Civ.P. 9(d))
(e)Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. (Identical to Mass.R.Civ.P. 9(e))
(f)Time and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter. (Identical to Mass.R.Civ.P. 9(f))
(g)Special Damage. When items of special damage are claimed, they shall be specifically stated. (Identical to Mass.R.Civ.P. 9(g))
End
Plain-English Summary
Rule 9 is a set of exceptions to Rule 8's short-and-plain standard, in both directions: some matters
need more detail, most need less.
More detail
Subsection (b) is the one that gets litigated. In all averments of fraud, mistake, duress or
undue influence, the circumstances constituting them must be stated with particularity. The
domestic relations version of this list is longer than the federal one, and duress and undue influence
are squarely relevant to a challenge to a separation agreement or an antenuptial agreement. Malice,
intent, knowledge and other conditions of mind may be averred generally.
Subsection (g) requires items of special damage to be specifically stated.
Less detail
Capacity (a) need not be averred — not the capacity of a party to sue or be sued, not authority to
sue in a representative capacity, not the legal existence of an organized association. A party who
wants to put any of those in issue must do it by specific negative averment, including
the supporting particulars peculiarly within the pleader's knowledge.
Conditions precedent (c) may be alleged generally as having been performed or having occurred; a
denial of performance or occurrence must be specific and with particularity. An official document or
act (d) may be pleaded simply as duly issued or done in compliance with law. A judgment or decision of
a domestic or foreign court, judicial or quasi-judicial tribunal, or board or officer (e) may be
pleaded without setting out matter showing jurisdiction to render it. Averments of time and place (f)
are material for testing the sufficiency of a pleading.
Frequently Asked Questions
How specifically must fraud be pleaded?
Rule 9(b) requires the circumstances constituting fraud, mistake, duress or undue influence to be stated with particularity. Malice, intent, knowledge and other condition of mind of a person may be averred generally.
Does duress have to be pleaded with particularity?
Yes. The Massachusetts domestic relations rule names duress and undue influence alongside fraud and mistake, so all four carry the particularity requirement.
Do I have to plead that a condition precedent was met?
Only generally. Rule 9(c) allows a party to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence has to be made specifically and with particularity.
Do I have to plead the other court's jurisdiction when relying on its judgment?
No. Rule 9(e) lets a party plead a judgment or decision of a domestic or foreign court, of a judicial or quasi-judicial tribunal, or of a board or officer without setting forth matter showing jurisdiction to render it.
Source & verification. Rule text reproduced verbatim from the
Massachusetts Rules of Domestic Relations Procedure as published by the Massachusetts Trial Court Law Libraries, current through
amendments effective May 1, 2010. Promulgated by the Supreme Judicial Court of Massachusetts. Last verified September 4, 2026. ·
Official text
Also known as:pleading special matterspleading fraudparticularityduressundue influenceconditions precedentspecial damages