9.01 Capacity It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of a partnership or an organized association of persons that is made a party. A party who desires to raise an issue as to the legal existence of any party, 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 shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
Rule 9.Pleading Special Matters
Last verified July 1, 2026
In one sentenceRule 9 sets special pleading requirements for particular kinds of allegations — fraud and mistake must be stated with particularity, while capacity, conditions precedent, and official documents may be alleged generally — and lets a plaintiff name an unknown defendant using a fictitious designation.
Full Text of Rule 9
9.02 Fraud, Mistake, Condition of Mind In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
9.03 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.
9.04 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 was done in compliance with law; and in pleading any ordinance of a city, village, or borough or any special or local statute or any right derived from either, it is sufficient to refer to the ordinance or statute by its title and the date of its approval.
9.05 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.
9.06 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.
9.07 Special Damages When items of special damage are claimed, they shall be specifically stated.
9.08 Unknown Party; How Designated When a party is ignorant of the name of an opposing party and so alleges in the party’s pleading, the opposing party may be designated by any name and when that opposing party’s true name is discovered the process and all pleadings and proceedings in the action may be amended by substituting the true name.
Plain-English Summary
Rule 9.01 lets a party allege capacity to sue or be sued, or the authority to sue in a representative capacity, by a general averment, while a party wishing to raise a lack of capacity must do so specifically. Rule 9.02 requires fraud and mistake to be pleaded with particularity as to the circumstances, though a person’s state of mind may be alleged generally.
Rules 9.03 through 9.06 relax the pleading burden for other special matters: a party may generally allege that conditions precedent have occurred, need only allege the legal effect of an official document or act, may generally aver a judgment or decision of a court or tribunal, and may plead time and place generally for the purposes of testing an allegation’s sufficiency. Rule 9.07 requires special damages to be specifically stated. Rule 9.08 lets a plaintiff who does not know a defendant’s true name designate that defendant by a fictitious name and later amend the pleading once the true name is discovered.
Frequently Asked Questions
How specific do I have to be when alleging fraud?
Rule 9.02 requires the circumstances constituting fraud or mistake to be stated with particularity, though a party’s state of mind, such as intent or knowledge, may still be alleged generally.
Can I sue someone before I know their real name?
Yes. Rule 9.08 allows a plaintiff who does not know a defendant’s true name to designate that defendant by any name, and to amend the pleading once the true name is learned.
Do I need to prove I have the legal capacity to sue in my complaint?
No. Rule 9.01 lets capacity to sue or be sued be alleged generally; a party who wants to challenge someone’s capacity must raise the issue specifically.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 9). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: pleading frauddoe defendantspecial damagescapacity to sue