Fed. R. Civ. P. 9 — Pleading Special Matters
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Rule Text — Key Provisions
(a) Capacity. A party need not plead capacity, except when needed to show jurisdiction.
(b) Fraud or mistake; conditions of mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting the fraud or mistake. Conditions of mind — malice, intent, knowledge — may be alleged generally.
(c) Conditions precedent. A plaintiff may generally allege that conditions precedent have occurred; a denial must be made with particularity.
(g) Special damages. Items of special damages must be specifically stated.
Full text: law.cornell.edu/rules/frcp/rule_9.
Plain English
Rule 9(b) is the federal fraud-pleading heightener. While Rule 8 only requires “short and plain” notice pleading, Rule 9(b) demands the who, what, when, where, and how of every alleged fraud. “Defendant defrauded plaintiff” won’t survive a motion to dismiss. “Defendant CEO X, on June 12, 2024, told plaintiff in writing that Y, knowing it was false because Z” will.
Securities fraud cases get even stricter under the Private Securities Litigation Reform Act (PSLRA), which goes beyond Rule 9(b).
Key Cases & Authority
- Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308 (2007) — Securities fraud scienter must be alleged with sufficient particularity to give rise to a “strong inference” of fraudulent intent. PSLRA layered on top of Rule 9(b).
- Stoneridge Investment Partners v. Scientific-Atlanta, 552 U.S. 148 (2008) — Limited scope of 10b-5 secondary liability; informs how fraud claims are pleaded under 9(b).
- Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097 (9th Cir. 2003) — Leading appellate decision on how 9(b) applies to claims sounding in fraud even if not formally labeled fraud (e.g., consumer-protection claims).
- U.S. ex rel. Clausen v. Laboratory Corp. of America, 290 F.3d 1301 (11th Cir. 2002) — Eleventh Circuit’s 9(b) standard for False Claims Act qui tam actions: specific representative claims, not just a scheme, must be pled.
Florida Parallel
Fla. R. Civ. P. 1.120 — Florida has a similar particularity requirement for fraud, but enforcement is generally less strict than federal 9(b) under Tellabs-influenced case law.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(b) Fraud or mistake; conditions of mind. In alleging fraud or mistake, a party must 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) A plaintiff may generally allege that conditions precedent have occurred; a denial must be made with particularity.
(g) Items of special damages must be specifically stated.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
Rule 9(b) is the federal fraud-pleading heightener. While Rule 8 only requires short and plain notice pleading, Rule 9(b) demands the who, what, when, where, and how of every alleged fraud. “Defendant defrauded plaintiff” will not survive a motion to dismiss. Securities fraud cases get even stricter under the PSLRA.