Glossary
Particularity requirement
A stricter rule for fraud claims that demands specific details about who did what, when, where, and how.
Federal Rule of Civil Procedure 9(b) requires fraud and mistake claims to be pleaded with particularity, which is a higher bar than the usual pleading rules. The complaint normally has to spell out the who, what, when, where, and how of the alleged fraudulent statements or conduct. The reason is that fraud accusations are serious and can damage reputations, so defendants deserve enough detail to defend themselves. Vague or generalized fraud allegations get dismissed under this rule. Many states have similar particularity rules for fraud and related claims.