Material Allegation Law and Legal Definition
Material allegation means an allegation in a pleading that is essential for the claim or the defense to stand. For example, harmful and offensive contact with a person is a material allegation in a battery case. A material allegation cannot be stricken from a pleading without making it unsatisfactory as to that claim or defense.
The following is an example of a state statute (California) defining the term material allegation:
According to Cal Code Civ Proc § 431.10 (a), a material allegation in a pleading is one essential to the claim or defense and which could not be stricken from the pleading without leaving it insufficient as to that claim or defense.
Legal Definition list
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