AK · rules
Alaska R. Civ. P. 9
Pleading Special Matters
(a) 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 and
organized association of persons that is made a party, except to
the extent required to show the jurisdiction of the court. 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, the party desiring to raise the issue shall do so by
specific negative averment, which shall include such
supporting particulars as are peculiarly within the pleader’s
knowledge.
(b) Fraud, Mistake, Condition of the 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.
(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) Statutes and Ordinances. In pleading any statute or
ordinance or other enactment of the state or a subdivision
thereof, it is sufficient to identify the statute, ordinance or
enactment without setting forth the matter contained therein.
(g) 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.
(h) Special Damage. When items of special damage are
claimed, they shall be specifically stated.
History
(Adopted by SCO 5 October 9, 1959; amended by SCO 1153 effective July 15, 1994)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
bbf072aea0b5c65847d5ab42381c6a06287ff4336dffb9b40b9f8a669c4e5fa9
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