averment

(redirected from averments)
Also found in: Dictionary, Thesaurus.

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 ?
283) The Second Circuit went so far as to say that short of collusion, district courts should be satisfied by the averments of the SEC alone.
It would require very detailed and specific averments by Mr Ronald to explain how such an unusual and potentially contradictory arrangement could arise, but Mr Ronald made no such averments.
6(10) of insurance Ordinance 2000 for providing false information pertaining to the place of incorporation and paid up capital of the parent companyAuthority being not satisfied with the reply given by the appellant in response to show- cause notice issued to him and the averment made before him passed impugned order and imposed penalty of Rs.
requirement" averments without detailed case-specific factors),
The court denied Braune's motion, whereupon Dale similarly moved for severance, alleging that the facts stated in Braune's petition were prejudicial to him, denying the truth of any of Braune's averments that implicated him in the crime, warning that Braune would testify in his own behalf to the facts alleged in his petition, and contending that "because they are codefendants he cannot cross-examine Braune as he would desire to do in view of their antagonistic defenses; and that he cannot obtain a fair and impartial trial if they are tried jointly.
into "conclusory" averments that should be disregarded and
held with residents "along with multiple averments in the court
The testimonies of witness Surender Singh contain number of self contradictory averments and different stands.
Such a vague allegation violates Federal Rule of Civil Procedure Rule 9(b), which requires that "[i]n all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity.
t]radition--which sometimes brings down truth that history has let slip, but is oftener the wild babble of the time, such as was formerly spoken at the fireside, and now congeals in the newspapers, tradition is responsible for all contrary averments.
When sufficiently pushed by one judge in a state court, bad-faith plaintiffs abandoned any claim that the averments in an insurer's answer could constitute bad-faith litigation conduct, perhaps as much for wanting to avoid the process of appeals on constitutional issues as apprehension about what the results of such appeals might be.
The averments of the petition show she was not present at the time they took charge of her room and placed her belongings in the lobby of the hotel, where they were easily accessible to her; that when she came in they quietly told her that they had taken charge of her room, but gave no reason for doing so.