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Define Rule 9(b)
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Fraud or Mistake; Conditions of Mind-Exception to Rule 8(a)(2)
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. Rule 9(b) is a stated exception to the "short and plain statement" requirement under Rule 8 notice pleading. Under this heightened standard, it is insufficient to merely place an opposing party on notice that a claim of fraud is asserted. Rather, a party must specifically identify each instance and the particular details of the alleged fraud. Stradford v. Zurich Insurance Co. (Dentist fraud case) |
