Legal Definitions - aver

The term "aver" means to state something as a fact, often formally and with confidence, particularly within a legal document or proceeding. It involves making a positive declaration of a fact that a party intends to prove or relies upon as true, even if it hasn't been proven yet.

Here are some examples to illustrate this concept:

• Civil Lawsuit: In a lawsuit alleging negligence, the plaintiff might aver that the defendant failed to maintain their property safely, directly leading to the plaintiff's injury. This means the plaintiff is formally stating this failure as a fact in their legal complaint, which they will later present evidence to support.

• Contract Dispute: During negotiations for a business deal, one company might aver that it possesses exclusive rights to a particular technology. This is a positive declaration of a fact about their intellectual property, which would be a critical point in the contract discussions.

• Divorce Proceedings: In a petition for divorce, one spouse might aver that the other spouse has abandoned the marital home for a period exceeding the legally required duration. This is a formal statement of a fact that serves as a ground for divorce, and the spouse would need to provide evidence to substantiate it.