Pleading special matters

(a) Capacity. It is not necessary to allege the capacity of a party to bring an action or have an action brought against that party or the authority of a party to bring an action or have an action brought against that party in a representative capacity or the legal existence of 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, that party shall do so by specific negative averment, supported by affidavit when required by Rule 8(f), which negative averment shall include such supporting particulars as are peculiarly within the pleader’s knowledge. (b) Fraud, negligence, mistake, condition of mind. In all averments of fraud, negligence or mistake, the circumstances constituting fraud, negligence or mistakes shall be stated with particularity. Malice, intent, knowledge and other conditions 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. (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. Rule 10. Form of pleadings. (a) Caption: Names of parties. Every pleading shall contain a caption setting forth the name of the Court, the title of the action, a title of the pleading as set forth in Rule 7(a) and, if known, the file number and the petition number. In the petition the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. This requirement may be met by using Family Court created forms and filling them out completely. (b) Paragraphs: Separate statements. All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth. (c) Adoption by reference: Exhibits. Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes. (d) Form of papers and citations. The form of papers and citations shall be in accordance with Rule 7(c) and Rule 7(b)(6). History. Amended, July 18, 2018, effective Dec. 1, 2018.