60-209. Pleading special matters.
60-209
60-209. Pleading special matters.(a) Capacity. It is not necessary to aver the capacity of a partyto sue or be sued or the authority of a party to sue or be sued in arepresentative capacity or the legal existence of an organized associationof persons that is made a party. When a party desires to raise an issue asto the legal existence of any party or the capacity of any party to sue orbe sued or the authority of any party to sue or be sued in a representativecapacity, the party raising the issue shall do so by specific negative avermentwhich shall includesuch supporting particulars as are peculiarly within the pleader'sknowledge.
(b) Fraud, mistake, conditions of the mind. In all averments offraud or mistake, the circumstances constituting fraud or mistake shall bestated with particularity. Malice, intent, knowledge, and other conditionsof mind of a person may be averred generally.
(c) Conditions precedent. In pleading the performance or occurrenceof conditions precedent, it is sufficient to aver generally that allconditions precedent have been performed or have occurred. A denial ofperformance or occurrence shall be made specifically and withparticularity.
(d) Official document or act. In pleading an official document orofficial act it is sufficient to aver that the document was issued or theact done in compliance with law.
(e) Judgment. In pleading a judgment or decision of a domestic orforeign court, judicial or quasi-judicial tribunal, or of a board orofficer, it is sufficient to aver the judgment or decision without settingforth matter showing jurisdiction to render it.
(f) Time and place. For the purpose of testing the sufficiency of apleading, averments of time and place are material and shall be consideredlike all other averments of material matter.
(g) Special damage. When items of special damage are claimed, theirnature shall be specifically stated. In actions where exemplary or punitivedamages are recoverable, the amended petition shall not state a dollar amountfordamages sought to be recovered but shall state whether the amount of damagessought to be recovered is in excess of or not in excess of$75,000.
(h) Pleading written instrument. Whenever a claim, defense orcounterclaim is founded upon a written instrument, the same may be pleadedby reasonably identifying the same and stating the substance thereof or itmay be recited at length in the pleading, or a copy may be attached to thepleading as an exhibit.
(i) Tender of money. When a tender of money is made in anypleading, it shall not be necessary to deposit the money in court when thepleading is filed, but it shall be sufficient if the money is deposited inthe court at the trial, unless otherwise ordered by the court.
(j) Libel and slander. In an action for libel or slander, it shallnot be necessary to state in the petition any extrinsic facts for thepurpose of showing the application to the plaintiff of the defamatorymatter out of which the claim arose, but it shall be sufficient to stategenerally that the same was published or spoken concerning the plaintiff;and if such allegation be not controverted in the answer, it shall not benecessary to prove it on the trial; in other cases it shall be necessary. The defendant may, in such defendant's answer, allegeboth the truth of the mattercharged as defamatory and any mitigating circumstances admissible inevidence to reduce the amount of damages; and whether the defendant proves thejustification or not, the defendant may give in evidence anymitigating circumstances.
History: L. 1963, ch. 303, 60-209; L. 1976, ch. 252, § 2;L. 1988, ch. 209, § 5;L. 1997, ch. 173, § 5; July 1.