averment

averment ([schwa]-v[schwa]r-m[schwa]nt), n. A positive declaration or affirmation of fact; esp., an assertion or allegation in a pleading (the plaintiff’s averment that the defendant ran a red light). Cf. ASSEVE-RATE.

immaterial averment. An averment that alleges something in needless detail; a statement that goes far beyond what is in issue. • This type of averment may be ordered struck from the pleading. [Cases: Federal Civil Procedure 652, 1125; Pleading 22, 364. C.J.S. Pleading §§ 75–77, 668, 683.]

negative averment. An averment that is negative in form but affirmative in substance and that must be proved by the alleging party. • An example is the statement “she was not old enough to enter into the contract,” which is more than just a simple denial. Cf. TRAVERSE. [Cases: Pleading 78, 119–123. C.J.S. Pleading §§ 160–161, 186–187, 189–190.]

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译员Jerry，知名法学院知识产权法，专注翻译各种与版权与商标诉讼有关的法律文件。