Rule 55.15 Particularity Required in All Averments of Fraud or Mistake

• Library: Civil Procedure (2007 Ed. + 2013 Supp)

XV. Rule 55.15 Particularity Required in All Averments of Fraud or Mistake

A. Text of Rule

In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge and any other condition of mind of a person may be averred generally.

B. Historical Note

None.

C. Cross-References

This Rule is the same as § 509.160, RSMo 2000. This Rule is nearly identical to Federal Rule of Civil Procedure 9(b).

D. Time Constraints

None.

E. Comment

Allegations of fraud or mistake must be stated with particularity. The elements of fraud are:

• a representation;

• the representation's falsity;

• the representation's materiality;

• the speaker's knowledge of the falsity or ignorance of the truth;

• the speaker's intent that the statement be acted on in a manner reasonably contemplated;

• the other party's ignorance of the falsity;

• the other party's reliance on its truth;

• the other party's right to rely on its truth; and

• resulting injury.

Rhodes Eng'g Co. v. Pub. Water Supply Dist. No. 1 of Holt County, 128 S.W.3d 550, 567 (Mo. App. W.D. 1994). Intent and knowledge may be pleaded generally. As to the other elements, counsel must state facts supporting each of them. Williams v. Belgrade State Bank, 953 S.W.2d 187, 189 (Mo. App. S.D. 1997); Hanrahan v. Nashua Corp., 752 S.W.2d 878, 883 (Mo. App. E.D. 1988). Simply stating the elements as conclusions is not sufficient. Schauer v. Gundaker Movits Real Estate Co., 813...