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Rule 9. Pleading Special Matters

Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of Arizona

Arizona Revised Statutes Annotated
Rules of Civil Procedure for the Superior Courts of Arizona (Refs & Annos)
III. Pleadings and Motions; Pretrial Procedures
16 A.R.S. Rules of Civil Procedure, Rule 9
Rule 9. Pleading Special Matters
(a) Capacity or Authority to Sue; Legal Existence.
(1) Generally. Except when required to show that the court has jurisdiction, a pleading need not allege:
(A) a party's capacity to sue or be sued;
(B) a party's authority to sue or be sued in a representative capacity; or
(C) the legal existence of an organized association of persons that is made a party.
(2) Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.
(b) Fraud or Mistake; Condition of the Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.
(c) Conditions Precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.
(d) Official Document or Act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act was legally done.
(e) Judgment. In pleading a judgment or decision, it suffices to plead the judgment or decision without showing that the decision maker had jurisdiction to render it.
(f) Time and Place. An allegation of time or place is material when testing a pleading's sufficiency.
(g) Special Damages. If an item of special damage is claimed, it must be specifically stated.
(h) Complaint in an Action for Libel or Slander. In an action claiming libel or slander, it suffices to allege generally that a defamatory matter pertained to the plaintiff. It is not necessary for the plaintiff to allege extrinsic facts supporting that allegation. If the defendant controverts the allegation in an answer, the plaintiff must prove it at trial.

Credits

Added Sept. 2, 2016, effective Jan. 1, 2017.
16 A. R. S. Rules Civ. Proc., Rule 9, AZ ST RCP Rule 9
Current with amendments received through 05/1/2020.
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