(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.
Rule 2-304.Pleading certain matters
Circuit Court · Last amended January 1, 2004 · Last verified July 13, 2026
In one sentenceRule 2-304 relaxes how a party has to plead capacity to sue and conditions precedent, while requiring time and place only when they matter to the claim.
Full Text of Rule 2-304
(b) 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.
(c) Time and place. — Time and place shall be averred in a pleading when material to the cause of action or ground of defense.
Amendment History
Amended Nov. 12, 2003, effective Jan. 1, 2004.
Committee Note & Source
Source. This Rule is derived as follows: Section (a) is new and is derived from the 1970 version of Fed. R. Civ. P. 9 (a). Section (b) is new and is derived from the 1970 version of Fed. R. Civ. P. 9 (c). Section (c) is derived from the exception in former Rule 301 c.
Plain-English Summary
Rule 2-304 trims away pleading requirements that would otherwise add little but paperwork. A party doesn't need to aver that another party has the capacity to sue or be sued, the authority to sue or be sued in a representative capacity, or — where an organized association of people is named as a party — that the association legally exists. Those matters are assumed unless someone disputes them.
Conditions precedent get the same treatment. Rather than spelling out how each condition was satisfied, a party can aver generally that all conditions precedent have been performed or have occurred, and that general averment is enough to plead the point.
Time and place work differently: they don't get a blanket pass. A pleading has to aver the time and place of events when those details are material to the claim or defense being asserted — for example, where a deadline or a specific location is itself an element of the claim.
Frequently Asked Questions
Do I need to plead that a party has the capacity or authority to sue or be sued?
No. Rule 2-304 says it isn't necessary to aver a party's capacity to sue or be sued, its authority to sue or be sued in a representative capacity, or the legal existence of an organized association named as a party.
How do I plead that conditions precedent to my claim were satisfied?
A general averment that all conditions precedent have been performed or have occurred is sufficient — you don't need to detail how each one was met.
When do I need to include the time and place of events in a pleading?
Only when time or place is material to the cause of action or the ground of defense. Rule 2-304 doesn't require it as a matter of course.
Source & verification. Rule text, Committee Note, Source note, and
amendment history are reproduced verbatim from the Maryland Rules, adopted by the
Supreme Court of Maryland. Last verified July 13, 2026. ·
Official source
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