Rule 9. Pleading Special Matters

Except when required to show that the court has jurisdiction, a pleading need not allege a party’s capacity to sue or be sued, a party’s authority to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party.

To raise any of those issues a party shall do so by a specific denial, which shall state any supporting facts that are peculiarly within that party’s knowledge.

the statute expressly creating liability against the government, as required by 7 R. Stat. § 122.002;

whether each defendant is sued in an official capacity, an individual capacity, or both;

that process has been or will be served upon the Attorney General or the Solicitor General, as required by 7 R. Stat. § 131.106, and, where an agency, department, or officer of a county or municipal government is named, upon the administrative head of that agency or department, as required by 7 R. Stat. § 131.105; and

the concrete, non-hypothetical harm suffered by the plaintiff, where the claim is one under 7 R. Stat. § 122.101 or § 121.404.

Assault, 7 R. Stat. § 121.001. That the defendant intentionally and voluntarily caused the plaintiff reasonable apprehension of an immediate harmful or offensive contact.

Battery, 7 R. Stat. § 121.002. That the defendant brought harmful or offensive contact against the plaintiff, and that the contact was unconsented.

False Imprisonment, 7 R. Stat. § 121.003. That the defendant restrained or restricted the plaintiff’s movement within an area, or restrained the plaintiff’s permission, and that the defendant acted without legal authority or justification.

Wrongful Death, 7 R. Stat. § 121.004. That the defendant caused the death of the decedent without legal cause or justification, and whether the claim is pursued under a theory of negligence, which limits punitive damages as provided by 7 R. Stat. § 121.004(a).

Trespass to Land, 7 R. Stat. § 121.101. That the defendant entered the land of the plaintiff, the location of the land, and that the entry was unlawful and without lawful excuse.

Trespass to Chattels, 7 R. Stat. § 121.102. That the defendant unlawfully and intentionally interfered with the possession or use of identified personal property of the plaintiff.

Trover, 7 R. Stat. § 121.103. That the defendant wrongfully took identified personal property of the plaintiff without legal reason or justification.

Breach of Contract, 7 R. Stat. § 121.201. The existence of a contract signed by the parties, the term breached, the manner of the breach, and whether the breaching party is an organization or an individual person, which determines the maximum punitive damages under 7 R. Stat. § 121.201(a) and (b). A copy of the contract, where one exists in written or recorded form, shall be attached as an exhibit under Rule 10(2).

Fraud, 7 R. Stat. § 121.202. That the defendant intentionally deceived the plaintiff or another party, to secure unfair or unlawful gain or to deprive the plaintiff of a legal right, pleaded with the particularity required by Rule 9(1).

Tortious Interference, 7 R. Stat. § 121.203. The business relationship, contract, or career interfered with, the identity of the third party, the acts of interference, and the economic or career harm caused.

Negligence, 7 R. Stat. § 121.301. The duty of care owed, the breach of that duty, the injury suffered, and the causal connection between them.

Negligence Per Se, 7 R. Stat. § 121.302. The statute or administrative policy prescribing the duty, the breach of it, the injury resulting, and that the statute or policy was intended to prevent the injury suffered, as required by 7 R. Stat. § 121.302(a).

Civil Conspiracy, 7 R. Stat. § 121.401. The agreement or collusion, each party to it, the legal right of which the third party was to be deprived or the illegal objective to be obtained by deception, and the acts done in furtherance. Each offending party shall be separately identified, damages being assessed as to each.

Abuse of Process, 7 R. Stat. § 121.402. The legal or administrative process abused, the vexatious, fraudulent, or frivolous complaint made, and the injury caused. Where the plaintiff does not know the individual who made the complaint, the action may proceed against John Doe as provided by Rule 8(9)(3) and 7 R. Stat. § 121.402(c), and the pleading shall state the preliminary evidence giving rise to a reasonable suspicion of abuse of process.

Deprivation of Rights Under Color of Law, 7 R. Stat. § 121.403. The statute, ordinance, regulation, custom, or usage under color of which the defendant acted, the right, privilege, or immunity secured by the Constitution or laws of which the plaintiff was deprived, and the acts constituting the deprivation. Where the defendant is a judicial officer sued for an act or omission taken in a judicial capacity, the pleading shall state that a declaratory decree was violated or that declaratory relief was unavailable, injunctive relief being otherwise unavailable under that section.

Official Misconduct, 7 R. Stat. § 121.404. That the defendant is a public servant; the act relating to his office constituting an unauthorized exercise of official functions and the defendant’s knowledge that it was unauthorized, or the duty imposed by law or inherent in the office from which the defendant refrained; and the concrete injury caused to the plaintiff, as required by 7 R. Stat. § 121.404(a).

Civil Rights, 7 R. Stat. § 122.101. The policy, order, procedure, or directive complained of; the right, immunity, or privilege secured by statute or the Constitution upon which it impedes; and the concrete, non-hypothetical harm received by the plaintiff from it, as required by 7 R. Stat. § 122.101(a).