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Rule 9.Pleading special matters

Group III: Pleadings and Motions · Last amended March 1, 2019 · Last verified July 14, 2026

In one sentenceRule 9 sets special pleading rules for particular situations — like fraud, conditions precedent, and special damages — that call for more or less detail than the general notice-pleading standard in Rule 8.

Full Text of Rule 9

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a) Capacity or Authority to Sue; Legal Existence.
(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 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.
(g) Special Damage. If an item of special damage is claimed, it must be specifically stated.

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.

Source & verification. Rule text, official Advisory Committee Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026. · Official source
Also known as: pleading fraud with particularity nevadaspecial damages pleading nevadacapacity to sue nevadanrcp 9conditions precedent pleading nevada