Miss. R. Civ. P. 9
Advisory Committee Notes
A party desiring to raise an issue as to the legal existence, capacity, or authority of a party must assert such in the answer. If lack of capacity appears affirmatively on the face of the complaint, the defense may be raised by a motion pursuant to Ruleor Rule .
"Circumstances" in Rulerefers to matters such as the time, place and contents of the false representations, in addition to the identity of the person who made them and what the person obtained as a result.
Rule. requires a detailed pleading of special damages and only a general pleading of general damages. General damages are damages that are typically caused by, and flow naturally from, the injuries alleged. Special damages are damages that are unusual or atypical for the type of claim asserted. Special damages are required to be pled with specificity so as to give the defendant notice of the nature of the alleged damages. Special damages include, but are not limited to, consequential damages, damages for lost business profit, and punitive damages. See Puckett Machinery Co. v. Edwards, 641 So. 2d 29, 37-38 (Miss. 1994) (consequential damages must be plead with specificity); Lynn v. Soterra, Inc., 802 So. 2d 162, 169 (Miss. Ct. App. 2001) (damages for lost business profit caused by defendant's blocking of a road are likely special damages). If claimant fails to plead special damages with specificity, an award for such damages may be reversed. The requirement that special damages must be stated with specificity will be waived if special damages are tried by the express or implied consent of the parties pursuant to Rule .