(a) Fraud; Mistake; Condition of Mind. In all allegations of misrepresentation, fraud, mistake, breach of trust, willful default or undue influence, particulars of the wrong, with dates and items if necessary, shall be stated insofar as practicable. Malice, intent, knowledge, and other condition of mind of a person may be alleged generally.
Rule 4:5-8.Pleading special matters
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:5-8 governs pleading special matters, requiring particulars for fraud, mistake, and similar claims while allowing states of mind to be alleged generally, and setting rules for conditions precedent, legal effect, judgments, time and place, and special damages.
Full Text of Rule 4:5-8
(b) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to allege generally that all such conditions have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity, but when so made the party pleading the performance or occurrence has the burden of establishing it.
(c) Pleading According to Legal Effect. Acts and contracts may be stated according to their legal effect, but in so doing the pleading should be such as fairly to apprise the adverse party of the state of facts which it is intended to prove; thus, an act or promise of a principal other than a corporation, if in fact proceeding from an agent known to the pleader, should be so stated. In pleading an official document or official act it is sufficient to allege that the document was issued or the act done in compliance with law.
(d) Judgment. A judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or administrative agency or officer, may be alleged without stating matter showing jurisdiction to render it.
(e) Time and Place. For the purpose of testing the sufficiency of a pleading, allegation of time and place are material and shall be considered like all other allegations of material matter.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:9-1, 4:9-2, 4:9-3, 4:9-4, 4:9-5, 4:9-6.
Plain-English Summary
Some allegations demand more detail than ordinary notice pleading. Paragraph (a) requires that misrepresentation, fraud, mistake, breach of trust, willful default, and undue influence be pleaded with particulars — the wrong, with dates and items where necessary — while allowing malice, intent, knowledge, and other conditions of mind to be alleged generally. Paragraph (b) lets a party allege generally that conditions precedent have been performed, but requires a denial of performance to be specific.
The rest of the rule streamlines recurring situations. Acts and contracts may be stated according to their legal effect; a judgment may be pleaded without reciting the jurisdictional facts behind it; time and place are treated as material for testing a pleading’s sufficiency; and items of special damage must be specifically stated, so a claim that does not flow naturally from the wrong is spelled out rather than buried in a general demand.
Frequently Asked Questions
How must fraud be pleaded in New Jersey?
With particulars — the details of the wrong, including dates and items where necessary — so far as practicable. Malice, intent, knowledge, and other conditions of mind, by contrast, may be alleged generally.
Do special damages have to be pleaded specifically?
Yes. Items of special damage must be specially stated. Even where a general demand for unliquidated damages is made under Rule 4:5-2, the facts giving rise to a special-damages claim must be set out.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:5-8). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: pleading special matterspleading fraud with particularityconditions precedentspecial damagescondition of mind