13.2 Heightened Pleading Requirement

• Jurisdiction: Arizona

13.2 Heightened Pleading Requirement. In Arizona, like most juris-dictions,² fraud must be plead with “particularity.”³ This is clearly an exception to the general rule requiring “a short and plain statement.”⁴ Arizona courts have stated, “[a]lthough there is no “magic language” required to state a claim for fraud, the complaint as a whole must be construed to plead all nine elements.”⁵ Thus, the court will look at the factual allegations as a whole to determine whether the pleading requirement has been satisfied. Parties asserting a claim for fraud are cautioned to plead each element carefully, as the failure to do so has been frequently asserted as a defense at the...