PrincipleCIVIL PROCEDURE – Pleadings – Admission by Failure to Specifically Deny Material Averment
- Area of law
- CIVIL PROCEDURE
- Court
- Supreme Court
Material averments require specific denial or they're deemed admitted. "Material averments" are facts essential to the claim. Defendants must: expressly deny them, or raise defenses from which denial can be inferred. If neither occurs, the averment is established without proof. This serves: efficiency (avoiding proof…
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