MS · rules
Miss. R. Civ. P. 9
PLEADING SPECIAL MATTERS
(a) Capacity. The capacity in which one sues or is sued must be stated in one’s initial
pleading.
(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 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: Ordinance or Special Statute. In pleading an
official document or official act it is sufficient to aver that the document was issued or the
act was done in compliance with the law. In pleading an ordinance of a municipality or a
county, or a special, local, or private statute or any right derived therefrom, it is sufficient to
identify specifically the ordinance or statute by its title or by the date of its approval, or
otherwise.
(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.
(g) Special Damage. When items of special damage are claimed, they shall be
specifically stated.
(h) Fictitious Parties. When a party is ignorant of the name of an opposing party and
so alleges in his pleading, the opposing party may be designated by any name, and when his
true name is discovered the process and all pleadings and proceedings in the action may be
amended by substituting the true name and giving proper notice to the opposing party.
(i) Unknown Parties in Interest. In an action where unknown proper parties are
interested in the subject matter of the action, they may be designated as unknown parties in
interest.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
9e2d1c25ff3a4f8bf3b4a1962ff0ce27cef386819f18298adb9c3d1a188bc23d
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.