Georgia § 9-11-9 - Pleading special matters.

§ 9-11-9. Pleading special matters.

Capacity. It is not necessary to aver the capacity of a party to bring or defend an action, the authority of a party to bring or defend an action in a representative capacity, or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party, the capacity of any party to bring or defend an action, or the authority of a party to bring or defend an action in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstance constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally. 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. 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. Judgment. In pleading a judgment or decision of a domestic or foreign court, of a 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. 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. Special damage. When items of special damage are claimed, they shall be specifically stated. (Ga. L. 1966, p. 609, § 9; Ga. L. 2016, p. 864, § 9/HB 737.) The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d). Cross references. - Form of complaint for money paid by mistake, see § 9-11-107 . U.S. Code. - For provisions of Federal Rules of Civil Procedure, Rule 9, see 28 U.S.C. Law reviews. - For article discussing liability of corporate directors, officers, and shareholders under the Georgia Business Corporation Code, and as affected by provisions of the Georgia Civil Practice Act, see 7 Ga. St. B.J. 277 (1971). For article, "Georgia's 'Door-Closing' Statute: Who Bears the Burden?," see 24 Ga. St. B.J. 141 (1988). For annual survey article on legal ethics, see 56 Mercer L. Rev. 315 (2004). For survey article on law of torts, see 59 Mercer L. Rev. 397 (2007). For article, "The Georgia Taxpayer Protection and False Claims Act," see 65 Mercer L. Rev. 1 (2013). For comment, "Pleading Constructive Fraud in Securities Litigation - Avoiding Dismissal for Failure to Plead Fraud With Particularity," see 33 Emory L.J. 517 (1984).