Allegation Law and Legal Definition
- The act of declaring something to be true
- The assertion, claim, declaration, or statement of a party to an action, setting out what s/he expects to prove. A party’s formal statement of a factual matter as being true or provable, without its having yet been proved. Allegations remain assertions without proof, until they can be proved. Generally in a civil complaint, a plaintiff alleges facts sufficient to establish all the elements of the crime and thus create a cause of action. A defendant can allege affirmative defenses in its answer to the complaint.
- In Ecclesiastical law, it refers to the entire statement of facts to be used in a contested suit.
Bare allegations are allegations that are not supported by facts or law. For example, assertions of counsel in an unverified motion are bare allegations and cannot be considered as evidence or proof of the facts alleged.[Similton v. State, 672 So. 2d 1363, 1365 (Ala. Crim. App. 1995)]