Rule 9.Pleading Special Matters.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 9
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Most of this rule takes work off the pleader. Subdivision (a) says you need not allege a party's capacity to sue or be sued in a representative capacity or the legal existence of an organized association. A party who wants to put capacity, legal existence or authority in issue must do it by specific negative averment and include the supporting particulars within that party's own knowledge. Conditions precedent may be pleaded in general terms under subdivision (c), while a denial that they happened must be specific and particular. An official document or act may be pleaded as having been issued or done in compliance with law, and a judgment or decision of a court, tribunal, board or officer may be pleaded without showing the jurisdiction behind it.
Two matters run the other way. Under subdivision (b), the circumstances of fraud or mistake must be stated with particularity, though malice, intent, knowledge and other conditions of mind may be alleged generally. Under subdivision (g), items of special damage must be stated specifically. Subdivision (f) adds that allegations of time and place are material when a pleading's sufficiency is tested, so they are treated like any other material allegation.
Subdivision (h) is the one that decides divorce filings in this court. A plaintiff seeking a divorce absolute must set forth in the complaint that either the plaintiff or the defendant has been a domiciled inhabitant of Rhode Island and has resided in the state for the preceding twelve months. The allegation belongs in the complaint itself, and it can rest on either party's domicile and residence.
The same subdivision handles the common situation where one spouse has lost track of the other. If the plaintiff lacks knowledge or information about the defendant's domicile or residence, the complaint must say so.
Frequently Asked Questions
What does a Rhode Island divorce complaint have to say about residency?
Rule 9(h) requires a plaintiff seeking a divorce absolute to state in the complaint that either the plaintiff or the defendant has been a domiciled inhabitant of Rhode Island and has resided here for the preceding twelve months. The rule is satisfied by either spouse's domicile and residence, not only the filer's.
What if I do not know where my spouse is living?
Rule 9(h) covers that directly. When the plaintiff lacks knowledge or information about the defendant's domicile or residence, the complaint must say so.
How specific do I have to be when I allege fraud?
Rule 9(b) requires the circumstances constituting fraud or mistake to be stated with particularity. The person's malice, intent, knowledge or other condition of mind may be alleged in general terms.
Do I have to allege that the other party has the legal capacity to be sued?
No. Rule 9(a) says capacity to sue or be sued in a representative capacity and the legal existence of an organized association need not be alleged. A party who wants to challenge capacity, legal existence or authority raises it by specific negative averment with the supporting particulars peculiarly within that party's knowledge.
How do I plead an earlier court order or judgment?
Rule 9(e) lets you allege the judgment or decision of a domestic or foreign court, tribunal, board or officer without setting out the matter that shows jurisdiction to render it. The judgment itself is enough for pleading purposes.