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 ?
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.
the general averment was sufficient for Rule 8(a) purposes.
To make his averment, however, he needed to go beyond hearsay.
13) Perry's final averment in support of his request for a search warrant to conduct a thermal imaging scan was that he had driven by Kattaria's home on numerous occasions and observed the blinds drawn and nothing that would explain the high energy consumption.
54) Regulation 8 made it an offence to hold or convene a meeting to advocate unlawful doctrines and provided that an averment by the prosecutor that a meeting was held for such a purpose should be prima facie evidence against an accused.
Havner, we rejected the "view that courts should not look beyond an averment by the expert that the data underlying his or her opinion are the type of data on which experts reasonably rely.
Instead, the averment that the government officials were not authorized to act as they did is an affirmative defense.
While he was not addressing the current state of the common law evolution of the doctrinal defense of sovereign immunity when he penned this statement, nevertheless Holmes generally supports Borchard's argument in favor of the abolition of the doctrine based upon his averment that the original rationales supporting the doctrine had become obscure and inapplicable (also, Holmes drafted the essays comprising THE COMMON LAW approximately fifty years prior to the printing of Borchard's critical article, and thus could not possibly comment on same).
In every prosecution under this section an averment contained in the complaint that the Minister directed the defendant to be removed to or kept within a reserve or district shall be deemed to be proved in the absence of proof to the contrary.
The Anti-Money Laundering Task Force took cognizance of the respondents' averment that contrary to the charge filed against them, they have properly submitted a Suspicious Transaction Report (STR) on 17 February 2016.
In addition, the debtor cannot create a genuine issue of fact by asserting that she believed the lawsuit had been disclosed because it is contrary to her averment in the bankruptcy petition acknowledging that she read the petition and confirmed its completeness.
18) In deciding the case before him, a sticking point arose on the 'ancient' requirement that treasure be hidden, (19) The Lord Ordinary did not grant decree de plano--that is, without the commencement of a trial--in respect to the pursuer's averment that the objects were hidden in the ground, on the basis that there would have to be a proof in order to establish whether the objects were indeed hidden in this way.