Rule 55.16. Averments and Denial of 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.

Committee Notes

This is the same as Rule 9(c) of the Federal Rules of Civil Procedure and substantially the same as prior Rule 55.18. The following clause in prior Rule 55.18 was deleted: "... and when so made, the party pleading the performance or occurrence shall establish on the trial the facts showing such performance or occurrence."