averment
Noun
(plural averments)
- The act of averring, or that which is averred; positive assertion.
- verification; establishment by evidence.
- A positive statement of facts; an allegation; an offer to justify or prove what is alleged.
Origin
From Old French averrement, averement, from averer (Modern French avérer).
averment - Legal Definition
n
- The act of averring.
- 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.
See also notice.
immaterial avermentAn averment that provides unnecessary information and detail.
negative avermentAn 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.
