Supreme Court Rules - Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings: Averments and Denial of Conditions Precedent

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Supreme Court Rules

		Section/Rule:	55.16
Subject:	Rule 55 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Pleadings, Motions, and Hearings	Publication / Adopted Date:	January 19, 1973
Topic:	Averments and Denial of Conditions Precedent	Revised / Effective Date:	September 1, 1973

55.16. Averments and Denial of 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. A denial of performance or occurrence shall be made specifically and with particularity.

(Adopted Jan. 19, 1973, eff. Sept. 1, 1973.)

Committee Note - 1974

This is the same as Rule

9(c)

of the Federal Rules of Civil Procedure and substantially the same as prior Rule

55.18

. The following clause in prior Rule

55.18

was deleted:

". . . and when so made, the party pleading the performance or occurrence shall establish on the trial the facts showing such performance or occurrence."