averment

averment definition - legal

n

  1. The act of averring.
  2. A positive affirmation, allegation, or declaration of facts, especially in a pleading, as opposed to an argumentative statement or a statement based on induction or inference; generally this term is used in civil proceedings, as opposed to allegation in criminal proceedings.
averment of notice
See also notice.
immaterial averment
An averment that provides unnecessary information and detail.
negative averment
An averment that is stated in the negative, but is actually affirmative in substance. For example, the negative averment “he is not old enough to marry” really means that “he is too young to marry.” Although one who makes a simple denial in a pleading does not carry the burden of proof, the party who asserts negative averment has the burden to prove the averment’s affirmative substance.

Webster's New World Law Dictionary Copyright © 2006 by Wiley Publishing, Inc., Hoboken, New Jersey.
Used by arrangement with John Wiley & Sons, Inc.

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