RULE 9. PLEADING OF SPECIAL MATTERS.

  1. A party need not plead or prove the existence, status or capacity of the following matters unless the same are called into issue by the responsive pleading or timely motion of the adverse party, namely:
    1. Capacity to be sued or to sue in an individual or in a representative capacity;
    2. The legal existence of a corporation or organized association of persons being made a party:
  2. All allegations of fraud or mistake must be pled factually and with particularity.  Malice, intent, knowledge, or other state of mind of a person may be alleged generally.
  3. The performance of a condition precedent may be pled generally.  The non-performance of a condition precedent must be pled specifically and with particularity.
  4. In pleading an official document or official act, it is sufficient to allege that the document was issued or the act done in compliance with the law.  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.
  5. In pleading a judgment or decision of a Court or a judicial or quasi-judicial body or of a board or hearing officer, it is sufficient to allege the judgment or decision without setting forth any matters showing the jurisdiction to render it.
  6. For the purpose of testing the sufficiency of a pleading, allegations of time and place are material and shall be considered like all other allegations of material matters.
  7. When items of special damage are claimed, they should be specifically alleged.
  8. 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 pleading in the action shall be amended by substituting the true name.
  9. In any action for libel or slander it shall not be necessary to allege any facts for the purpose of showing the application to the Plaintiff of the defamatory matter upon which the cause of action is based, but it shall be sufficient to state generally that the same was published or spoken concerning the Plaintiff.  If such allegation be controverted, the Plaintiff shall be bound to establish at trial that the matter was published or spoken.
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