(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 a corporation or 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.
Rule 9.Pleading Special Matters
Part III: Pleadings and Motions · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-9 sets special pleading requirements for particular kinds of averments — capacity to sue, fraud and mistake, conditions precedent, official documents and judgments, time and place, special damages, unknown parties, and libel or slander — that differ from the general pleading standard in Rule 15-6-8.
Full Text of Rule 15-6-9
(b) Fraud, mistake or 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.
(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 done in compliance with law; and in pleading any statute or ordinance, it is sufficient to refer to the statute by its number and the ordinance by its title or number and the date of its approval.
(e) Judgment. In pleading a judgment or decision of a domestic or 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) Items of special damage. When items of special damage are claimed, they shall be specifically stated.
(h) Designation of unknown party. When a party is ignorant of the name of an opposing party and so alleges in his pleading, the opposing party may be designated by any name, and when his true name is discovered the process and all pleadings and proceedings in the action shall be amended by substituting the true name.
(i) Complaint in libel or slander action. In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose, but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on trial, that it was so published or spoken.
Plain-English Summary
Some kinds of averments need more, or sometimes less, detail than the general short-and-plain standard. Rule 15-6-9 works through several of them. Subdivision (a) says a party does not need to plead its own capacity to sue, the authority of a representative party, or a corporation’s legal existence; anyone who wants to contest capacity or authority must raise it by specific negative averment with supporting particulars. Subdivision (b) requires fraud or mistake to be pleaded with particularity as to the circumstances, while allowing malice, intent, knowledge, and other conditions of mind to be averred generally.
Subdivisions (c) through (e) cover conditions precedent, official documents, and judgments. A party may aver generally that conditions precedent have been performed or have occurred, but a denial of that averment must be specific and particular. Pleading an official document or act is satisfied by stating that it was done in compliance with law, and pleading a statute or ordinance can be done by citing its number or title. Pleading a prior judgment or decision does not require showing the underlying jurisdiction to render it — averring the judgment itself is enough.
The remaining subdivisions address narrower situations. Subdivision (f) treats averments of time and place as material, so they count when testing whether a pleading is sufficient. Subdivision (g) requires special damages to be specifically stated rather than left to a general damages claim. Subdivision (h) lets a party sue an opposing party under any name if the true name is unknown, with amendment to follow once the true name is discovered. Subdivision (i) relaxes pleading in libel and slander cases: a plaintiff need not plead the extrinsic facts connecting defamatory language to themselves, only that the statement concerned the plaintiff, though the plaintiff must prove that connection at trial if it is disputed.
Frequently Asked Questions
Do I have to plead that I have the legal capacity to sue in South Dakota?
No. Rule 15-6-9(a) says it is not necessary to aver a party’s capacity to sue or be sued, or a representative party’s authority, or a corporation’s legal existence. A party who wants to challenge capacity must raise it by specific negative averment.
How specifically do I need to plead fraud in South Dakota?
Rule 15-6-9(b) requires the circumstances constituting fraud or mistake to be stated with particularity, while malice, intent, knowledge, and other conditions of mind may be averred generally.
Do I have to prove I performed every condition precedent in detail in my complaint?
No. Rule 15-6-9(c) allows a general averment that all conditions precedent have been performed or have occurred. A denial of that averment, however, must be made specifically and with particularity.
How do I sue someone whose name I don’t know?
Rule 15-6-9(h) allows a party ignorant of an opposing party’s name to designate that party by any name in the pleading, so long as the pleading alleges the ignorance, and to amend the process and pleadings once the true name is discovered.
Do I need to explain how a defamatory statement applied to me specifically in a libel or slander complaint?
No. Rule 15-6-9(i) allows a plaintiff to state generally that the defamatory matter was published or spoken concerning the plaintiff, without pleading the extrinsic facts showing that connection, though the plaintiff must establish it at trial if the allegation is disputed.
Amendment History
(a)SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(b)SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(c)SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(d)SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(e)SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(f)SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (f), as adopted by Supp. Ct. Order March 29, 1966, effective July 1, 1966.
(g)SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(h)SDC 1939 & Supp 1960, § 33.0401; SD RCP, Rule 9 (h), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(i)SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (i), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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