Advisory Commission Comments to Rules 9.01-9.07

Advisory Commission Comments

Rule 9 sets forth rules governing the pleading of several specific matters about which questions might arise. The Rule is not intended to create exceptions to the principles set out in Rule 8, but is rather an exemplification of those principles in specific situations. The requirement in Rule 9.02 – in averments of fraud or mistake the circumstances constituting fraud or mistake must be set forth with particularity – is not intended to require lengthy recital of detail. Rather, the Rule means only that general allegations of fraud and mistake are insufficient; the pleader is required to particularize, but by the “short and plain” statement required by Rule 8.01.

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