averment


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Related to averment: Negative averment

Averment

The allegation of facts or claims in a Pleading.

The Federal Rules of Civil Procedure require that averments be simple, concise, and direct.

averment

noun adjuration, adjurement, affirmance, affirmation, announcement, assertion, assertment, asserrory oath, asseveration, attest, attestation, avouchment, avowal, confirmation, declaration, formulation, instrument in proof, positive declaration, positive statement, profession, pronouncement, solemn affirmation, statement of facts, statement on oath, swearing, testification, vouching, written statement
Associated concepts: averment of facts, descriptive averrent, general averment, material averment, negative averment, particular averments, pleading, unnecessary averments
See also: adjuration, affidavit, affirmance, affirmation, allegation, assertion, asseveration, assurance, attestation, avouchment, avowal, certainty, claim, comment, confirmation, corroboration, count, declaration, disclosure, profession, pronouncement, proof, recommendation, reference, remark, statement, surety, testimony

averment

an allegation in pleadings.

AVERMENT, pleading. Comes from the Latin verificare, or the French averrer, and signifies a positive statement of facts in opposition to argument or inference. Cowp. 683, 684.
     2. Lord Coke says averments are two-fold, namely, general and particular. A general averment is that which is at the conclusion of an offer to make good or prove whole pleas containing new affirmative matter, but this sort of averment only applies to pleas, replications, or subsequent pleadings for counts and a vowries which are in the nature of counts, need not be averred, the form of such averment being et hoc paratus. est verificare.
     3. Particular averments are assertions of the truth of particular facts, as the life of tenant or of tenant in tail is averred: and, in these, says Lord Coke, et hoc, &c., are not used. Co. Litt. 362 b. Again, in a particular averment the party merely protests and avows the truth of the fact or facts averred, but in general averments he makes an offer to prove and make good by evidence what he asserts.
     4. Averments were formerly divided into immaterial and impertinent; but these terms are now treated as synonymous. 3 D. & R. 209. A better division may be made of immaterial or impertinent averments, which are those which need not be stated, and, if stated, need not be proved; and unnecessary averments, which consist of matters which need not be alleged, but if alleged, must be proved. For example, in an action of assumpsit, upon a warranty on the sale of goods, allegation of deceit on the part of the seller is impertinent, and need not be proved. 2 East, 446; 17 John. 92. But if in an action by a lessor against his tenant, for negligently keeping his fire, a demise for seven years be alleged, and the proof be a lease at will only, it will be a fatal variance; for though an allegation of tenancy generally would have been sufficient, yet having unnecessarily qualified it, by stating the precise term, it must be proved as laid. Carth. 202.
     5. Averments must contain not only matter, but form. General averments are always in the same form. The most common form of making particular averments is in express and direct words, for example: And the party avers or in fact saith, or although, or because, or with this that, or being, &c. But they need not be in these words, for any words which necessarily imply the matter intended to be averred are sufficient. See, in general, 3 Vin. Abr. 357 Bac. Abr. Pleas, B 4 Com. Dig. Pleader, C 50, C 67, 68, 69, 70; 1 Saund. 235 a, n. 8 3 Saund. 352, n. 3; 1 Chit. Pl. 308; Arch. Civ. Pl. 163; Doct. Pl. 120; 1 Lilly's Reg. 209 United States Dig. Pleading II (c); 3 Bouv. Inst. n. 2835-40.

References in periodicals archive ?
Having perused the averment made in the writ petition and seeing the photographs annexed therewith, while issuing notice we would direct the commissioner of SDMC to ensure that within 48 hours all garbage lying strewn on the Old Delhi- Gurgaon Road is removed.
must by direct averment exclude the possibility that [the criminal
If anyone has to make any averment, the appropriate place to do that is the court of law," the Congress leader said.
Pawar and other petitioners pointed out that there was no wrong averment in the affidavits filed by them.
277) Like the Court's averment in recent exclusionary rule jurisprudence to the relevance of "systemic negligence," the standard, even if deferential to the law enforcement field, does both acknowledge emerging trends in evidentiary standardization and prevent law enforcement organizations from opting out of such trends.
That this averment was entirely and inherently contradictory to the averment that America ought not to be in the war at all was, apparently, no impediment to Pound in the flow of his propaganda.
It is the averment of the Company that as a direct result of these published articles that contain information which is falsein content and context, and therefore defamatory, misleading and prejudicial to the Company and its officers, led to the incurrence of significant reputational damage and financial losses, the quantum value of which is determinable.
33 of 2005)[2008]UGHC 28 (13 November 2008), in which the High Court concluded that there was no marriage between the first respondent and the deceased because the first respondent failed to prove her averment that she had entered into a customary marriage with the deceased.
Of the Averment of Circumstances collateral to the Act or Omission, which render that Act or Omission criminal
The averment, for example, that the phrase "Federal Constitution" as used by Georgia was simply the 18th-century way of defining "the entire political system" (such as is typically applied to the much-heralded "unwritten" constitution of the United Kingdom) would be more persuasive if at the time of the drawing of that document there was not a written federal constitution in legal effect.
It followed Israeli Foreign Minister Avigdor Lieberman averment on Wednesday that men with the same names as seven of the 11 suspects lived in Israel, but insisted their identities had been stolen.
This confident averment, however, grossly misstates the "optimum" position both with respect to the compensatory and the deterrence function of state common law.