Fraud has to be pleaded with particularity
Generally, when a party sues in state or federal court, they have to put in the complaint enough facts to give the defendant notice of the claim. We call it notice pleading. Notice pleading allows a party to make broad and vague statements in the complaint—just enough to give notice of the claim to the other party. Federal courts have a narrower pleading rule that requires a bit more facts in the complaint. But for the most part, in most jurisdictions (maybe all), if a party wants to sue on a claim of fraud, they have to “state with particularity” in the complaint the facts supporting that fraud claim. So any challenges to any voting process that the Trump campaign files in any court based on fraud, will have to state those supporting facts on the face of the complaint or their lawsuit will likely be dismissed. Here are some of the civil rules that may apply.
Federal Court
Federal Rules of Civil Procedures Rule 9—Pleading Special Matters.
(b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
Pennsylvania
Pennsylvania Rules of Civil Procedure Rule 1019. Contents of Pleadings. General and Specific Averments
(b) Averments of fraud or mistake shall be averred with particularity. Malice, intent, knowledge, and other conditions of mind may be averred generally.
Georgia
Georgia Code Annotated. Title 9, Chapter 11, Article 3—§ 9-11-9 pleading special matters
(b) Fraud, mistake, condition of the mind. In all averments of fraud or mistake, the circumstance constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
Nevada
Nevada Rules of Civil Procedure Rule 9—Pleading Special Matters.
(b) Fraud or Mistake; Conditions of Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
Arizona
Arizona Rules of Civil Procedure Rule 9—Pleading Special Matters.
(b) Fraud or Mistake; Condition of the Mind. In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally.
Jack Sheridan
11/6/2020