Section 4.25 Special Averments

• Library: Civil Trial Practice 2015 Supp

D. (§4.25) Special Averments

Rules 55.11–55.23 govern situations in which specific averments are required, such as fraud, mistake, partnership, condition precedent, special and punitive damages, and libel and slander. These rules should be consulted when drafting a petition or answer to see if certain issues must be pleaded or denied specifically.

When a condition precedent is involved, the condition must be alleged or an excuse given for its nonperformance in order for the pleading to state a cause of...