Part 300 · Pleadings and Motions

Rule 2-304. Pleading Certain Matters

Amended Jan. 1, 2004 (current)

(a) Capacity It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party.

(b) 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.

(c) Time and Place Time and place shall be averred in a pleading when material to the cause of action or ground of defense.

Committee Notes

Source: This Rule is derived as follows: Section (a) is new and is derived from the 1970 version of Fed. R. Civ. P. 9 (a). Section (b) is new and is derived from the 1970 version of Fed. R. Civ. P. 9 (c). Section (c) is derived from the exception in former Rule 301 c.