Immaterial Averment Law and Legal Definition
In pleading, an averment alleging with needless particularity or unnecessary circumstances what is material and necessary, and which might properly have been stated more generally, and without such circumstances and particulars is immaterial averment. Immaterial averments, when they are made, must be proved. Immaterial averment is a statement of unnecessary particulars in connection with and as descriptive of what is material. Such immaterial matter may be ordered stricken from the pleading.