FRCP 9—Special Pleading Requirements

The most common deviation from federal pleading standards in the states are fraud and medical malpractice.

• See Delaware: requires an affidavit from a doctor that says "yeah that doctor messed up," i.e. an affidavit of merit. This highly differs from FRCP 8(a) because such evidence(s) is/are not required.

• If brought in Federal court, does Erie apply to these pleading standards?

  • Would this encourage forum shopping? Would such create different outcomes?

9(a): Pleading Legality and Capacity

• You don't need to plead capacity, legality, representation, etc. However, when you do need to, "To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge."

9(b): Particularity in Pleading Fraud/Mistake

• "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."