averment

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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 ?
223) The record reveals very little about Chris Clark's involvement in the investigation--other than Redding's averments that he was only required to shake out his shirt and empty his pockets (224)--but we need only look at the differences between the searches Wilson ordered of Savana and Marissa.
Moreover, one might ask, that while Relational on January 17, 2006, was correcting the averments that were untrue when given, thereby evidencing some concern about setting the record straight .
possibility that the averments might fail to state a cause of action on
The Private Securities Litigation Reform Act of 1995 (PSLRA) governs the pleading standards required in such actions and tightens the specific pleading principles set forth in Federal Rule of Civil Procedure 9(b) relating to pleading "all averments of fraud or mistake.
Finally, Part III critiques O'Brien's averments about the Court's jurisprudence and offers an alternative metric with which to understand these rulings.
664) Despite their apparently sufficient interest in the Bureau's decisionmaking process, Justice Scalia, writing for the Court, rejected their suit due to an alleged lack of specificity in their affidavits: "[Standing requirements are] assuredly not satisfied by averments which state only that one of respondent's members uses unspecified portions of an immense tract of territory.
E]xcept for [the prosecutor's] act in personally attesting to the truth of the averments in the certification, it seems equally clear that the preparation and filing of the [certification] was part of the advocate's function" and were, therefore, activities protected by absolute immunity.
New Delhi: The Supreme Court on Monday said that averments made against CBI Director Ranjit Sinha, arising out of entry list at his residence, are "serious" in nature and directed him to respond to the allegations in "black and white".
There are many averments ( in the petition) which require explanation from you," the Bench said after Nariman opposed the notice on the petition.
The alleged interest of the judge, whether personal or otherwise, is not only fanciful, but the averments to that effect are nothing short of contempt of this court," Jaising told Justices Aftab Alam and Ranjana Prakash Desai.
As far as the averments set out in the news clipping published in Daily Jung, dated 01.
post hoc averments, not merely as a violation of the statutory