Rule 9 Flashcards
1
Q
Rule 9 (b)
A
Fraud or Mistake; Conditions of Mind
In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. (heightened pleading)
Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally. (Rule 8(a)(2) “factually plausible” still applies)