Article 11: Nebraska Court Rules of Pleading in Civil Cases. (Effective January 1, 2025.) · Last amended September 3, 2025 · Last verified July 22, 2026
This section prints two full, separately-dated versions in the official compilation (the January 1, 2025 discovery/pleading rewrite); both are shown below, current version first.
In one sentenceSection 6-1109 sets special pleading standards for particular topics — capacity to sue, fraud or mistake, conditions precedent, official acts, judgments, and time and place — that don’t fit the general pleading rules.
Full Text of § 6-1109
Text sizeCurrent version (effective January 1, 2025) — jump to: (a)(b)(c)(d)(e)(f)
(1)In General. Except when required to show that the court has jurisdiction, a pleading need not allege:
(A)a party’s capacity to sue or be sued;
(B)a party’s authority to sue or be sued in a representative capacity; or
(C)the legal existence of an organized association of persons that is made a party.
(2)Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party’s knowledge.
(b)Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting the fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
(c)Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.
(d)Official Document or Act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.
(e)Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.
(f)Time and Place. An allegation of time or place is material when testing the sufficiency of a pleading.
§ 6-1109. Pleading special matters. — Prior version (in effect before January 1, 2025)
(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, except to the extent required to show the jurisdiction of the court. 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, the party desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
(b)Fraud, Mistake, Undue Influence, Condition of the Mind. In all averments of fraud, mistake, or undue influence, the circumstances constituting fraud, mistake, or undue influence shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
(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.
(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.
(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.
(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.
(g)Special Damage. When items of special damage are claimed, they shall be specifically stated.
(h)If, after consultation, the client consents in writing, an attorney may enter a "Limited Appearance" on behalf of an otherwise unrepresented party involved i n a court proceeding, and such appearance shall clearly define the scope of the lawyer's limited representation. A copy shall be provided to the client and opposing counsel or opposing party if unrepresented.
(i)Upon completion of the limited representation, the lawyer shall within 10 days file a "Certificate of Completion of Limited Appearance" with the court. Copies shall be provided to the client and opposing counsel or opposing party if unrepresented. After such filing, the lawyer shall not have any continuing obligation to represent the client. The filing of such certificate shall be deemed to be the lawyer's withdrawal of appearance which shall not require court approval.
Amendment History
Current version (effective January 1, 2025)
§ 6-1109(h) and (i) adopted September 3, 2008; Comment amended September 3, 2008; § 6-1109 amended November 13, 2024, effective January 1, 2025; § 6-1109 amended September 3, 2025.
Prior version (in effect before January 1, 2025)
§ 6-1109(h) and (i) adopted September 3, 2008; Comment amended September 3, 2008.
Official Comment
Current version (effective January 1, 2025)
COMMENTS TO § 6-1109 [1] In addition to making stylistic changes to the rule, the 2024 Amendments deleted three matters: undue influence, special damages, and limited representation. [2] First, the 2024 Amendments deleted undue influence from the list of matters that subpart (b) requires a party to plead with particularity. The requirement of pleading with particularity is not aimed at factual details in general. It is instead aimed at specific pieces of information. For example, pleading the circumstances of fraud “with particularity means the who, what, when, where, and how: the first paragraph of any newspaper story.” Chaney v. Evnen, 307 Neb. 512, 525 (2022). [3] While the circumstances of fraud may involve specific pieces of information, the circumstances of undue influence do not. They involve a bundle of facts that, taken together, support an inference of undue influence. The contents of that bundle will vary from case to case. Therefore, undue influence does not belong in subpart (b). It should be noted, however, that a party pleading undue influence must still plead the bundle of facts that support the inference of undue influence rather than simply plead the conclusion that undue influence was present. [4] Second, the 2024 Amendments deleted subpart (g). That subpart required a party to state special damages with specificity. The requirement is now included in § 6-1108(a)(3)(B). [5] Third, the 2024 Amendments deleted subparts (h)-(i). Those subparts reproduced the text of § 3-501.2(d)-(e) of the Nebraska Rules of Professional Conduct as a way of reminding lawyers about limited appearances. Section 6-1111 is a better place for such a reminder. Therefore, the subparts on limited representation were deleted and a cross-reference to § 3-501.2 was added in § 6-1111(b).
Prior version (in effect before January 1, 2025)
COMMENT Neb. Ct. R. Pldg. §§ 6-1109(h) and (i) should be viewed in conjunction with Neb. Ct. R. of Prof. Cond. § 3- 501.2 which specifically authorizes Limited Scope Representation in Nebraska. Neb. Ct. R. Pldg. §§ 6-1109(h) and (i) formalize the method by which lawyers enter a case for a limited purpose and how such representation is formally ended.
Plain-English Summary
Section 6-1109 carves out a handful of topics that need their own pleading standard. A party generally doesn’t have to plead its own capacity to sue, its authority to sue in a representative role, or the legal existence of an organized association that’s a party — unless doing so is necessary to show the court has jurisdiction. Anyone who wants to challenge one of those things has to raise it through a specific denial that states the supporting facts, since those facts are usually known only to the party raising the challenge.
Fraud or mistake needs more detail than an ordinary allegation: a party has to state the circumstances with particularity — the who, what, when, where, and how. States of mind, like malice, intent, or knowledge, can be alleged in general terms instead. Conditions precedent work the opposite way: a party can allege generally that all conditions precedent happened, but a party denying that is true has to say so with particularity.
The remaining subsections are shortcuts. Pleading an official document or act only requires alleging that it was legally issued or done. Pleading a judgment from a court, tribunal, board, or officer doesn’t require showing that the body had jurisdiction to issue it. And an allegation of time or place counts as a material fact when a court is testing whether a pleading is sufficient.
The 2025 amendments trimmed three things from this section. Undue influence no longer has to be pleaded with particularity, since undue influence rests on a bundle of facts rather than the specific pieces of information — the who, what, when, where, how — that particularity pleading demands for fraud. The old requirement to state special damages specifically moved to Section 6-1108, where the rest of the damages-pleading rules now live. And the former subsections on limited-scope representation were dropped in favor of a cross-reference to Section 6-1111, which now covers that topic.
Frequently Asked Questions
Do I have to plead that I have the legal capacity to sue?
No, not unless it’s needed to show the court has jurisdiction. If someone wants to challenge your capacity, authority to sue in a representative role, or an association’s legal existence, they have to raise it through a specific denial with supporting facts.
How much detail do I need when alleging fraud?
You need to state the circumstances with particularity — enough to cover the who, what, when, where, and how. States of mind like intent or knowledge can be alleged in general terms.
Do I have to list every condition precedent that’s been satisfied?
No. You can allege generally that all conditions precedent have occurred or been performed. But if you’re denying that a condition precedent happened, you have to say so with particularity.
Do I need to prove a court had jurisdiction when pleading its judgment?
No. You can plead a judgment or decision from a domestic or foreign court, tribunal, board, or officer without showing that body had jurisdiction to issue it.
Does undue influence still need to be pleaded with particularity?
No. The 2025 amendments removed undue influence from the particularity requirement, since it depends on a set of facts that together support an inference rather than specific identifiable details.
Where did the old rules on limited-scope representation go?
They moved to Section 6-1111, which now addresses an attorney’s assistance to a party who isn’t otherwise represented.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
Also known as:pleading fraud with particularity nebraskacapacity to sue pleading ruleconditions precedent pleading nebraska6-1109 nebraskapleading a judgment nebraska civil rulespecial matters pleading requirements