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KENTUCKY
RULES OF CIVIL PROCEDURE
RULE 9 - PLEADING SPECIAL MATTERS
CR
9.01 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 partnership or
an 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.
[Adopted eff.
7-1-53]
CR
9.02 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.
[Adopted eff.
7-1-53]
CR
9.03 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.
CR
9.04 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.
[Adopted eff.
7-1-53]
CR
9.05 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.
[Adopted eff.
7-1-53]
CR
9.06 SPECIAL DAMAGES
When items of
special damage are claimed, they shall be specifically stated.
[Adopted eff.
7-1-53]
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