Also known as: particularity requirement
Written by attorneys · grounded in primary & secondary sources — see below
A standard of specificity that requires a demand, notice, or subpoena to identify the matters, items, or facts sought with enough detail to enable the responding party to understand precisely what is requested and to comply without undue burden or speculation.
Rising Sun Electronics receives a Rule 30(b)(6) notice from plaintiff Renata Russo listing topics for examination. The notice states only that the company must prepare a witness on all matters relating to its products sold in the past five years. Because the description lacks reasonable particularity, the company moves for a protective order requiring Russo to narrow the topics so it can designate appropriate officers.
Rina Rahman serves a Rule 34 request on Royal Crest Hotels seeking all financial records from the last decade. The request fails to describe the documents with reasonable particularity, prompting the hotel chain to object that it cannot identify which ledgers, invoices, or statements are actually sought without further specification.
Select any source to read its text and confirm it supports the definition.
The government issues a subpoena to Ralph Richardson demanding production of any records that might relate to financial transactions involving a certain company. Because the subpoena does not describe the documents with reasonable particularity, Richardson invokes the Fifth Amendment and refuses to produce materials whose existence the government cannot already identify.
Shareholders file a complaint against Reliance Insurance alleging that executives made false statements about reserves. The complaint recites only general assertions of scienter without particularized facts. The court dismisses the action because the allegations do not meet the reasonable particularity standard needed to raise a strong inference of fraudulent intent.
A detainee argues that his arrest was pretextual and seeks to suppress evidence obtained during the stop. The claim rests on a broad assertion that officers acted with an improper motive. Because the allegation lacks reasonable particularity tying the motive to specific facts, the court rejects the Fourth Amendment claim.
A prisoner alleges that high-level officials subjected him to harsh conditions because of his religion and national origin. The complaint offers only conclusory statements of intent. The court holds that the allegations fail to plead discriminatory purpose with reasonable particularity and therefore dismisses the action.
The notice must identify the matters for examination with enough specificity that the organization can designate witnesses who possess knowledge of those exact topics. A vague reference to broad categories of business activity is insufficient because it prevents the organization from preparing appropriate designees.
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Yes. When a shareholder seeks financial statements, accounting records, or the shareholder list, the demand must describe the purpose and the records sought with reasonable particularity so the corporation can determine whether the request is proper and directly connected to that purpose.
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It prevents a requesting party from imposing an undue burden by forcing the responding party to guess which documents or topics are actually at issue. Courts enforce the standard by sustaining objections or requiring revised requests that provide concrete descriptions of items or categories.
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The pleading is subject to dismissal because conclusory assertions do not give defendants fair notice or permit a court to infer the required mental state. The plaintiff must supply specific facts that, if true, would establish the element at issue.
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…mind [to] be alleged generally.” But “generally” is a relative term. In the context of Rule 9, it is to be compared to the particularity requirement applicable to fraud or mistake. Rule 9 merely excuses a party from pleading discriminatory intent under an elevated pleading standard. It does not give him license to evade the less rigid —…