In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge and any other condition of mind of a person may be averred generally.
Rule 55.15.Particularity Required in All Averments of Fraud or Mistake.
Part I · Rule 55: Pleadings, Motions and Hearing · Last amended September 1, 1973 · Last verified July 22, 2026
In one sentenceRule 55.15 requires the circumstances constituting fraud or mistake to be stated with particularity in any pleading, while allowing a person’s state of mind — malice, intent, knowledge, or any other mental condition — to be averred in general terms.
Full Text of Rule 55.15
Amendment History
Adopted Jan. 19, 1973, eff. Sept. 1, 1973.
Official Comment
This is the same as prior Rule 55.17. Compare: Rule 9(b) of the Federal Rules of Civil Procedure.
Plain-English Summary
Fraud and mistake claims get a heightened pleading standard under this rule. Instead of the short-and-plain-statement approach that governs ordinary claims, the circumstances constituting the fraud or mistake have to be stated with particularity — the pleading needs to spell out the specifics of what happened instead of describing it in general terms.
The rule draws a line between those circumstances and a person’s state of mind. Malice, intent, knowledge, and any other condition of mind can still be averred generally, even within a fraud or mistake claim. The particularity requirement targets the factual circumstances of the fraud or mistake itself, not what someone was thinking at the time.
Frequently Asked Questions
How specific must a fraud claim be in Missouri?
The circumstances constituting the fraud must be stated with particularity, not just in general terms.
Can I plead intent or knowledge generally in a fraud claim?
Yes. Rule 55.15 allows malice, intent, knowledge, and other mental conditions to be averred generally even in fraud claims.
What counts as “circumstances” of fraud needing particularity?
The specific facts of what occurred — the particularity requirement applies to the factual circumstances, not the mental state involved.
Does the heightened standard apply to mistake claims too?
Yes, Rule 55.15 applies the same particularity requirement to averments of mistake as to averments of fraud.
What happens if a fraud claim isn’t pleaded with enough detail?
It risks falling short of Rule 55.15’s particularity requirement, which can expose it to challenge under Rule 55.27.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: fraud pleaded with particularitymistake pleading standardheightened pleading fraudstate of mind pled generallypleading fraud with specificity