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 ?
It added that the court was seeking the information only to satisfy itself, without considering the averments made in the petitions.
The Third Circuit concluded that the District Court did not misapply the sham affidavit doctrine when it struck several averments from Mr.
(244) Although the court did not establish any bright-line rule about how well supported a consent decree must be, it stated that district courts should generally be satisfied by the averments of the SEC, and that here the district court had a "sufficient" record on which to approve the consent decree.
With regard to the allegations against the Sundar Raman, the apex court said: "It cannot go unprobed and directed its newlyappointed committee to further investigate the averments against him, saying truth must be brought to light".
He made two other interesting averments. One relates to State violence and the other judicial system in Sri Lanka.
In consequence, the Duke's averments on this point should be treated as admitted.
The affidavit has been filed in compliance of the order of the apex court which had on September 8 directed him to respond to the averments made against him, holding that they were 'serious' in nature.
The respondent dissatisfied with the reply and the averments made before him passed the Impugned Order and imposed penalty of Rs.50 thousand on the appellant under section 157(1) of the Ordinance for violation of section6(10) of the Ordinance.
Providing knowledge that the issue exists, not precisely how the issue is implicated under the facts of a given case, is the purpose of requiring averments of affirmative defenses.
into "conclusory" averments that should be disregarded and