Ind. Trial Rule 9

Effective July 1, 2023

(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 organization that is

made a party. The burden of proving lack of such capacity, authority, or legal existence shall

be upon the person asserting lack of it, and shall be pleaded as an affirmative defense.

(B) Fraud, mistake, condition of the mind.

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be

specifically averred. Malice, intent, knowledge, and other conditions of mind may be averred

generally.

(C) Conditions precedent.

In pleading the performance or occurrence of promissory or non-promissory conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed,

have occurred, or have been excused. A denial of performance or occurrence shall be made

specifically and with particularity, and a denial of excuse generally.

(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. However, time

and place need be stated only with such specificity as will enable the opposing party to prepare his defense.

(G) Special damages--Damages where no answer.

When items of special damage are claimed, they shall be specifically stated. The relief gran-

ted to the plaintiff, if there be no answer, cannot exceed the relief demanded in his complaint; but, in any other case, the court may grant him any relief consistent with the facts or

matters pleaded.