Rule 9.Pleading Special Matters

Last amended July 1, 1970 · Last verified July 1, 2026

In one sentenceRule 9 relaxes the ordinary pleading rules for seven specific situations, letting a party plead capacity, conditions precedent, an official act, or a prior judgment in general terms while still requiring fraud, mistake, and any claim for special damages to be spelled out with particularity.

Full Text of Rule 9

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G)

(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. 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, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.

(B) Fraud, mistake, condition of the mind

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

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 court of this state or a 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.

End

Amendment History

Effective Date: July 1, 1970

Plain-English Summary

Division (A) frees a pleader from averring a party’s capacity to sue or be sued, or an organization’s legal existence, except that a party who wants to raise one of those issues must do so by a specific negative averment, including whatever supporting detail is peculiarly within that party’s knowledge. Division (B) requires the circumstances of fraud or mistake to be stated with particularity, while malice, intent, knowledge, and other conditions of the mind may still be averred generally.

Division (C) lets a pleader aver generally that all conditions precedent have been performed or have occurred, but requires a party who wants to deny that a specific condition was performed to do so specifically and with particularity. Division (D) allows an official document or act to be pleaded by averring only that it was issued or done in compliance with law, and division (E) lets a judgment or decision of a court, tribunal, board, or officer be pleaded without alleging the facts that gave that body jurisdiction to render it.

Division (F) treats averments of time and place as material, like any other averment, whenever they are pleaded, and division (G) requires items of special damage to be specifically stated rather than left to be inferred from the nature of the claim.

Frequently Asked Questions

Does a complaint have to prove a party had legal capacity to sue?

No. Rule 9(A) says capacity need not be averred at all. A party who wants to contest another party’s capacity must raise the issue by a specific negative averment rather than a general denial.

How specific does a fraud allegation have to be?

Rule 9(B) requires the circumstances constituting fraud or mistake to be stated with particularity — more detail than a bare accusation, though not necessarily every element of the claim. Malice and intent, by contrast, may be alleged generally.

What happens if a party does not specifically state its special damages?

Rule 9(G) requires items of special damage to be specifically stated. A party who fails to do so risks having evidence of those damages excluded at trial or having to seek leave to amend the pleading.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 9). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source

Also known as: pleading special matterspleading fraudpleading capacityconditions precedentspecial damages