Fla. R. Civ. P. 1.120

Pleading Special Matters

sha256 9b88bd9271f7ad1899910be809726baf… · retrieved 7/11/2026, 11:08:21 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.120. 	PLEADING SPECIAL MATTERS
(a) 	Capacity. It is not necessary to aver the capacity of a
party to sue or be sued, 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, except to the extent
required to show the jurisdiction of the court. The initial pleading
served on behalf of a minor party shall specifically aver the age of
the minor party. When a party desires to raise an issue as to the
legal existence of any party, the capacity of any party to sue or be
sued, or the authority of a party to sue or be sued in a
representative capacity, that party shall do so by specific negative
averment which shall include such supporting particulars as are
peculiarly within the pleader’s knowledge.
(b) 	Fraud, Mistake, Condition of the Mind. In all
averments of fraud or mistake, the circumstances constituting
fraud or mistake shall be stated with such particularity as the
circumstances may permit. Malice, intent, knowledge, mental
attitude, and other condition of mind of a person may be averred
generally.
(c) 	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.
(d) 	Official Document or Act. In pleading an official
document or official act it is sufficient to aver that the document
was issued or the act done in compliance with law.

(e) 	Judgment or Decree. In pleading a judgment or decree
of a domestic or foreign court, a judicial or quasi-judicial tribunal,
or a board or officer, it is sufficient to aver the judgment or decree
without setting forth matter showing jurisdiction to render it.
(f) 	Time and Place. For the purpose of testing the
sufficiency of a pleading, averments of time and place are material
and shall be considered like all other averments of material matter.
(g) 	Special Damage. When items of special damage are
claimed, they shall be specifically stated.

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