RULE 9                                                
                  PLEADING SPECIAL MATTERS                                       
                                                                                 
    (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. When a party desires to raise an issue as       
to the legal existence of any party or the capacity of any party to sue or       
be sued or the authority of a party to sue or be sued in a representative        
capacity, he shall do so by specific negative averment which shall include       
such supporting particulars as are peculiarly within the pleaders                
knowledge.                                                                       
    (b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or      
mistake, the circumstances constituting fraud or mistake shall be stated         
with particularity. Malice, intent, knowledge, and other condition of mind       
of a person may be averred generally.                                            
    (c) Condition 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.                                                                   
    (d) Official Document or Act. In pleading an official document or            
official act, it is sufficient to aver that the document was issued or the       
act done in compliance with law.                                                 
    (e) Judgment. In pleading a judgment or decision of a domestic or            
foreign court, judicial or quasi-judicial tribunal, or of a board or             
officer, it is sufficient to aver the judgment or decision without setting       
forth matter showing jurisdiction to render it.                                  
    (f) Time and Place. For the purpose of testing the sufficiency of a          
pleading, averments of time and place are material and shall be considered       
like all other averments of material matter.                                     
    (g) Special Damage. When items of special damage are claimed, they           
shall be specifically stated.                                                    
    (h) Pleading Existence of City or Town. In pleading the existence of         
any city or town in this state, it shall be sufficient to state in such          
pleading that the same is an existing city or town, incorporated or              
organized under the laws of Washington.                                          
    (i) Pleading Ordinance. In pleading any ordinance of a county, city or       
town in this state it shall be sufficient to state the title of such             
ordinance and the date of its passage, whereupon the court shall take            
judicial notice of the existence of such ordinance and the tenor and effect      
thereof.                                                                         
    (j) Pleading Private Statutes. In pleading a private statute, or a           
right derived therefrom, it shall be sufficient to refer to such statute by      
its title, and the day of its passage, and the court shall thereupon take        
judicial notice thereof.                                                         
    (k) Foreign Law.                                                             
    (1) United States Jurisdictions. A party who intends to raise an issue       
concerning the law of a state, territory, or other jurisdiction of the           
United States shall set forth in his pleading facts which show that the law      
of another United States jurisdiction may be applicable, or shall state in       
his pleading or serve other reasonable written notice that the law of            
another United States jurisdiction may be relied upon.                           
    (2) Other Jurisdictions. A party who intends to raise an issue               
concerning the law of a jurisdiction other than a state, territory or other      
jurisdiction of the United States shall give notice in his pleading of the       
foreign jurisdiction whose law he contends may be applicable to the facts        
of the case. The following matters need not be pleaded, but may be               
discovered pursuant to rule 26:                                                  
    (i) the party's contentions as to which issues of law are governed by        
the foreign law;                                                                 
    (ii) the substance of such foreign law;                                      
    (iii) the expected effect of such foreign law on the legal issues and        
on the outcome of the case being tried;                                          
    (iv) the specific foreign statutes, regulations, judicial and                
administrative decisions, documents and other nonprivileged written              
materials and translations thereof upon which the party intends to rely.         
    (3) Application of Foreign Law. Issues of foreign law may be simplified      
pursuant to rule 16 and determined in advance of trial pursuant to rule 56.      
    (4) Failure To Plead Foreign Law. If no party has requested in his           
pleadings application of the law of a jurisdiction other than a state,           
territory or other jurisdiction of the United States, the court at time of       
trial shall apply the law of the State of Washington unless such                 
application would result in manifest injustice.                                  
    (l) Burden of Proof. Nothing in this rule shall be construed to shift        
or alter the burden of proof.