Del. Fam. Ct. Civ. R. 9

(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.