Rule 9.Pleading special matters
Group III: Pleadings and Motions · Last amended March 1, 2019 · Last verified July 14, 2026
Full Text of Rule 9
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendments are technical.
Amendment History
Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Some allegations do not need to be spelled out at all. A pleading normally does not have to allege a party's capacity to sue or be sued, its authority to sue in a representative role, or the legal existence of an organized group named as a party — unless the court's jurisdiction depends on it. A party that wants to challenge one of those points must raise it through a specific denial that states the supporting facts, since those facts usually sit within that party's own knowledge.
Other allegations demand more detail. Fraud or mistake must be pleaded with particularity about the circumstances involved, though a person's state of mind — malice, intent, knowledge — can be alleged in general terms. Conditions precedent can be pleaded by a general statement that they occurred, but a party denying that one occurred must be specific about it. Official documents and judgments can be pleaded by reference without proving the authority or jurisdiction behind them. Time and place matter when testing whether a pleading is sufficient, and any item of special damage must be specifically stated rather than folded into a general damages claim.
Frequently Asked Questions
How much detail do I need to allege fraud in a Nevada complaint?
Rule 9(b) requires the circumstances constituting the fraud or mistake to be stated with particularity, though the person's intent or knowledge behind it can be alleged generally.
Do I have to prove I have the legal capacity to sue in my complaint?
No. Rule 9(a) says a pleading need not allege a party's capacity or authority to sue unless the court's jurisdiction turns on it; a party disputing capacity must raise the issue through a specific denial.
How do I plead that a condition precedent to my claim occurred?
Rule 9(c) allows a general allegation that all conditions precedent occurred or were performed, without spelling out each one.
What if I want to argue that a condition precedent was never satisfied?
A denial that a condition precedent occurred must be made with particularity rather than as a general denial.
What counts as "special damage" that has to be specifically pleaded?
Rule 9(g) requires any item of special damage to be specifically stated in the pleading rather than left to a general damages allegation.