AVERMENT
averment (<<schwa>>-v<<schwa>>r-m<<schwa>>nt), n. A positive declaration or
a 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.][Blacks Law 8th]