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]