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. Source: SDC 1939 & Supp 1960, § 33.0910; SD RCP, Rule 9 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
Pleading fraud, mistake, condition of the mind
SDCL § 15-6-9(b), under RULES OF PROCEDURE IN CIRCUIT COURTS.
SDCL § 15-6-9(b)