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Rule 2-304 – Pleading Certain Matters

May 13, 2021 | Civil Prodcedure, Maryland

(a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or 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.
(b) 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.
(c) Time and Place. Time and place shall be averred in a pleading when material to the cause of action or ground of defense.

Md. R. Civ. P. Cir. Ct. 2-304

This Rule is derived as follows:

Section (a) is new and is derived from the 1970 version of Fed. R. Civ. P. 9(a).

Section (b) is new and is derived from the 1970 version of Fed. R. Civ. P. 9(c).

Section (c) is derived from the exception in former Rule 301 c.

Adopted April 6, 1984, eff. July 1, 1984. Amended Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2003 Orders

The November 12, 2003, order amended the source note.