Also known as:asseverates · asseverated · asseverating · asseveration · asseverations · affirm · declare
Written by attorneys · grounded in primary & secondary sources — see below
To make a solemn or positive declaration. The statement carries formal weight when made under circumstances requiring certainty, such as an affidavit or testimony.
Sources & Authorities· 17 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
How it applies
Common Examples
6
Mortgage Default Affidavit
Ava Adebayo, the mortgagee, asseverates in a sworn affidavit that the mortgagor failed to pay the monthly installment. The statement triggers the acceleration clause in the note. The mortgagee may now declare the full debt due and proceed to foreclosure.
Congressional Commerce Finding
Andrew Avery, a congressional staffer, asseverates in a committee report that the proposed statute regulates commerce among the states. The declaration supports the enumerated power under Article I. The bill proceeds on that basis.
Landlord Breach Notice
Alice Atkins, the tenant, asseverates in a written notice that the landlord failed to maintain the residential premises in habitable condition. The statement permits the tenant to affirm the lease and seek rent abatement. The landlord receives the required opportunity to cure.
Amber Alonzo, the foreperson, asseverates to the court that the jury cannot reach a verdict on two counts. The court declares a mistrial on those counts. The government may retry the defendant on the unresolved charges.
Negligence Scope Ruling
Angela Acosta, the plaintiff, asseverates in her complaint that the defendant's negligent driving was a substantial factor in causing her injuries. The court determines whether any limiting rule applies to restrict liability. The case proceeds to trial on the remaining issues.
Electoral Vote Certification
Adam Anderson, a state official, asseverates in the certificate of ascertainment that the appointed electors cast their ballots for the presidential candidate. The document is transmitted to the President of the Senate. The votes are counted in the joint session of Congress.
Common questions
Frequently Asked
1
What does asseverate require beyond an ordinary statement?+
The term denotes a solemn or positive declaration rather than a casual remark. It appears most often in affidavits, testimony, or formal notices where certainty is expected.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…as law. Congress may prescribe the forms of process by which the Supreme Court shall exercise its appellate jurisdiction and may declare a mandamus to be one. The power does not depend on implication alone; it has been recognized by legislative provision and in judicial decisions. Congress, by a law passed at the first…