Bindinglaw

FL · rules

Fla. R. Civ. P. 1.120

Pleading Special Matters

activein force · 2026-04-01 – presentact-effective-date

(a) Capacity. It is not necessary to aver the capacity of a

party to sue or be sued, the authority of a party to sue or be sued in

a representative capacity, or the legal existence of an organized

association of persons that is made a party, except to the extent

required to show the jurisdiction of the court. The initial pleading

served on behalf of a minor party shall specifically aver the age of

the minor party. When a party desires to raise an issue as to the

legal existence of any party, 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 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 such particularity as the

circumstances may permit. Malice, intent, knowledge, mental

attitude, 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 or Decree. In pleading a judgment or decree

of a domestic or foreign court, a judicial or quasi-judicial tribunal,

or a board or officer, it is sufficient to aver the judgment or decree

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.

(g) Special Damage. When items of special damage are

claimed, they shall be specifically stated.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
a82e6abbe64c4af4c0bcdb2c4899dcfd226bc5bd3c74077e0c61e1672068724b
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