(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, except to the extent required to show the jurisdiction of the court. 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 within the pleaders' knowledge.
Rule 9.Pleading special matters
Group III: Pleadings and Motions · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 9 sets special pleading requirements for particular kinds of allegations — capacity to sue, fraud and mistake, conditions precedent, judgments, special damages, and libel or slander — that need either more detail or less than Rule 8's general standard.
Full Text of Rule 9
(b) Fraud, Mistake, Condition of 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.
(c) Conditions Precedent. 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 was done in compliance with law.
(e) Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial or quasijudicial 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.
(h) Libel or Slander. In pleading libel or slander it is not necessary to state in the pleading any extrinsic facts for the purpose of showing the application to the pleader of the defamatory matter out of which the action arose; but it is sufficient to state generally that the same was published or spoken concerning the pleader. In such case, the opposing party may in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances reducing the amount of damages and, whether he prove the justification or not, he may give in evidence the mitigating circumstances.
(i) Verification of Account. In an action on an account the pleader shall attach a verified copy of the account to the pleading, or if the items of the account are set forth in the pleading, it must be verified.
Notes
Note: All parts of Rules 9(a) through 9(g) conform to the Federal Rules and to present State practice. Rule 9(h) was added to preserve Code §§ 15-13-760 and 15-13-770 as to pleading libel and slander. Rule 9(i) preserves Code § 15-13-710.
Plain-English Summary
Most allegations follow Rule 8's general pleading standard, but Rule 9 carves out categories that need different treatment. A party's capacity to sue or be sued, for instance, does not need to be pleaded at all — it's presumed — unless it bears on the court's jurisdiction. A party who wants to contest capacity, legal existence, or authority to sue in a representative role has to raise it affirmatively, by a specific negative averment backed with supporting detail.
Fraud and mistake sit at the opposite end: Rule 9(b) demands the circumstances be stated with particularity, not the fact-pleading standard used elsewhere in Rule 8. A party alleging fraud has to spell out the who, what, and how rather than assert it in general terms. Malice, intent, knowledge, and other states of mind, by contrast, may be averred generally — the rule recognizes that a party rarely has direct proof of what was in someone else's head at the time.
The rest of Rule 9 sets narrower, practical shortcuts: conditions precedent can be pleaded as generally performed, with a denial requiring particularity; an official document or act can be pleaded as issued or done in compliance with law; a prior judgment can be pleaded without reciting the court's jurisdiction to render it; time and place remain material for testing a pleading's sufficiency; special damages must be specifically stated; libel or slander claims can be pleaded without extrinsic facts tying the defamatory matter to the plaintiff; and a suit on an account requires a verified copy of the account attached to the pleading.
Frequently Asked Questions
Do I have to plead that I have the capacity to sue?
No. Rule 9(a) presumes capacity, legal existence, and authority to sue in a representative role — a party challenging any of those has to raise it affirmatively with specific supporting detail.
How much detail does a fraud claim need?
More than an ordinary claim. Rule 9(b) requires the circumstances constituting fraud or mistake to be stated with particularity, though intent and other states of mind can still be pleaded in general terms.
Do I need to plead every condition precedent that occurred?
No. Rule 9(c) lets a party aver generally that all conditions precedent have been performed or have occurred; a party who wants to deny that has to do so with particularity.
What does a libel or slander complaint need to include?
Under Rule 9(h), the plaintiff need only state generally that the defamatory matter was published or spoken concerning the plaintiff, without pleading the extrinsic facts connecting it to them.
What's required to sue on an unpaid account?
Rule 9(i) requires a verified copy of the account attached to the pleading, or verification of the account items if they are set out in the pleading itself.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: pleading fraud with particularityspecial damages pleadingcapacity to sue rulelibel slander pleading requirements