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.
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