EZRCP · Wyoming · Rules of Civil Procedure · W.R.C.P. 9

W.R.C.P. 9. — Pleading Special Matters

Wyoming · Rules of Civil Procedure

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Rule text

(a) Capacity or Authority to Sue; Legal Existence. --

(1) In General. -- 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; Conditions of 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 legally done.

(e) Judgment. -- In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.

(f) Time and Place. -- An allegation of time or place is material when testing the sufficiency of a pleading.

(g) Special Damages. -- If an item of special damage is claimed, it must be specifically stated.

(h) Municipal ordinance. -- In pleading a municipal ordinance or a right derived therefrom, it shall be sufficient to refer to such ordinance by its title or other applicable designation and the name of the municipality which adopted the same.