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WV · rules

W. Va. R. Civ. P. 9

Pleading special matters

activein force · 2026-09-24 – presentact-effective-date

(a) Capacity or authority to sue; legal existence.

(1) Except when required to show that the court has jurisdiction, a pleading need not allege:

(A) a party's capacity to sue or be sued;

(B) a party's authority to sue or be sued in a representative capacity; or

(C) the legal existence of an organized association of persons that is made a party.

(2) To raise any of the issues in 9(a)(1), a party shall do so by a specific denial, which shall state any supporting facts that are peculiarly within the party's knowledge.

(b) Fraud or mistake; Conditions of Mind. In alleging fraud or mistake, a party shall state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge and other conditions of a person's mind may be alleged generally.

(c) Conditions precedent. In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party shall do so with particularity.

(d) Official document or act. In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.

(e) Judgment. In pleading a judgment or decision of a domestic or foreign court, a judicial or quasi-judicial tribunal, or a board or officer, it suffices to plead the judgment or decision without showing jurisdiction to render it.

(f) Time and place. An allegation of time or place is material when testing the sufficiency of a pleading.

(g) Special damages. If an item of special damage is claimed, it shall be specifically stated.

(h) Eminent domain. In proceedings to condemn real or personal property pursuant to Rule 71a, pleadings shall state with particularity: (1) A description of the property; and (2) the purpose for which the property is to be used. Further, if the proceeding is brought by a public utility, a copy of its Certificate of Convenience and Necessity shall be attached as an exhibit to the complaint as a condition of maintaining the eminent domain action.

Provenance

Source
courtswv.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
80f4d05a56d0d990e8f4b2d3caab5f734a3662428cabbf7cbe86911ec67257a4
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W. Va. R. Civ. P. 9 — Pleading special matters · binding.law