;
Judicial admissions are formal concessions in pleadings,{footnote}E.g., Davis v. A.G. Edwards and Sons, Inc., 823 F.2d 105, 106 (5th Cir. 1987) (client bound by admission in complaint); Missouri Housing Development Commission v. Brice, 919 F.2d 1306, 1315 (8th Cir. 1990) (answer that admitted defendant signed guaranty held binding); Best Canvas Products & Supplies, Inc. v. Ploof Truck Lines, Inc., 713 F.2d 618, 621 (11th Cir. 1983).{/footnote} or stipulations by a party and its counsel which are binding on the party making them,{footnote}Keller v. United States, 58 F.3d 1194 (7th Cir. 1995).{/footnote} unless the court allows them to be withdrawn.{footnote}Keller v. United States, 58 F.3d 1194 (7th Cir. 1995).{/footnote}   A judicial admission may not be controverted{footnote}E.g., Jones v. Morehead, 68 U.S. 155, 165 (1835); Davis v. A.G. Edwards and Sons, Inc., 823 F.2d 105, 106 (5th Cir. 1987) (client bound by admission in complaint); Missouri Housing Development Commission v. Brice, 919 F.2d 1306, 1315 (8th Cir. 1990) (answer that admitted defendant signed guaranty held binding regardless of evidence later offered to the contrary){/footnote} at trial or on appeal.{footnote}Keller v. United States, 58 F.3d 1194 (7th Cir. 1995).{/footnote}  They are not considered evidence, but have the effect of removing an issue from contention.{footnote}Keller v. United States, 58 F.3d 1194 (7th Cir. 1995).{/footnote}  Thus, in an appropriate case, a judicial admission may result in dismissal,{footnote}Link v. Wabash RR. Co., 370 U.S. 626, 633-34 (1962) (statute of frauds){/footnote} summary judgment{footnote}Missouri Housing Development Commission v. Brice, 919 F.2d 1306, 1315 (8th Cir. 1990){/footnote} or a directed verdict.{footnote}Best v. District of Columbia, 291 U.S. 411, 415 (1934).{/footnote}

To constitute a judicial admission, a statement must have been made in the same lawsuit.{footnote}Kohler v. Leslie Hindman, Inc., 80 F.3d 1181 (7th Cir. 1996)(statements are admissible as evidence, however).

See also Chaffee v. Kraft General Foods, Inc., 886 F. Supp. 1164 (D.N.J. 1995)(attorney’s statement as employee’s lost pay in criminal trial comes in as admission in civil trial brought by employee against employer but not as binding judicial admission).
{/footnote}  Only clear, deliberate and unequivocal{footnote}{/footnote} statements can be judicial admissions.{footnote}Matter of Corland Corp., 967 F.2d 1069 (5th Cir. 1992); Weyerhaeuser Co. and Subsidiaries v. United States, 32 Fed. Cl. 80 (Fed. Cl. 1994)(party’s in-court testimony may constitute judicial admission if deliberate, clear and unequivocal); In re Eagson Corp., 37 B.R. 471, 482 (Bankr. E.D. Pa. 1984) (unequivocal statements by counsel binding on client).
{/footnote}  Legal conclusions cannot constitute judicial admissions.{footnote}Guidry v. Sheet Metal Workers Intern Ass’n, Local No. 9, 10 F.3d 700 (10th Cir. 1993), rehearing granted, rehearing en banc 39 F.3d 1078, cert. denied, 115 S.Ct. 1691, 131 L.Ed.2d 556.

CHECK  Kohler v. Leslie Hindman, Inc., 80 F.3d 1181 (7th Cir. 1996)(party’s deposition testimony as to other party’s contract rights did not constitute judicial admission).{/footnote} 
Statements By Counsel.  A clear admission of a material fact by counsel in opening statements is a binding judicial admission.{footnote}Stone v. City of Arcola, 536 N.E.2d 1329, 1341 (Ill. App. 1989).
But see Augenstein v. Pulley, 547 N.E.2d 61, 71 (Ill. App. 1989) (statement by counsel of what he thought the evidence would show held not to be a binding judicial admission).{/footnote}  Statements by counsel during argument are generally considered admissible as admissions against the client,{footnote}Chaffee v. Kraft General Foods, Inc., 886 F. Supp. 1164 (D.N.J. 1995)(attorney’s statement as employee’s lost pay in criminal trial comes in as admission in civil trial brought by employee against employer.)

But see In re Smith, 170 B.R. 111 (Bkrtcy. N.D. Ohio 1994) (assertions of counsel are not probative evidence).

CHECK Gafford v. General Elec. Co., 997 F.2d 150 (6th Cir. 1993) (statement that plaintiff’s recovery might exceed jurisdictional amount not an admission).{/footnote} but not binding judicial admissions.{footnote}Contra United States v. Benton, 947 F.2d 1353 (9th Cir. 1991) (closing argument); United States v. Wilmer, 779 F.2d 495 (9th Cir. 1986).{/footnote}

Testimony.  Admissions made in testimony, either at trial or at deposition, are generally not treated as judicial admissions.{footnote}Keller v. United States, 58 F.3d 1194 (7th Cir. 1995).

Contra Weyerhaeuser Co. and Subsidiaries v. United States, 32 Fed. Cl. 80 (Fed. Cl. 1994)(party’s in-court testimony may constitute judicial admission if deliberate, clear and unequivocal).

CHECK  Kohler v. Leslie Hindman, Inc., 80 F.3d 1181 (7th Cir. 1996)(party’s deposition testimony as to other party’s contract rights did not constitute judicial admission).{/footnote}

Memoranda of Law.{footnote}CHECK City Nat’l Bank v. United States, 907 F.2d 536, 544 (5th Cir. 1990){/footnote}
 
Arbitration Proceedings

Confessions

See also PLEADINGS AND PLEAS; AFFIDAVITS; DEPOSITIONS.

Requests for Admissions

Fed. R. Civ. Pro. 36(a) sets out the requirements for requesting and responding to a request for an admission.  Among other things, the Rule provides that the request may be for an admission of fact, opinion, or the application of law to fact.  Parties may also request admissions as to the genuineness of documents.

Responding parties must either deny, admit, or give reasons why they can neither deny nor admit.  Rule 36(b) provides that matters admitted are conclusively established unless the responding party meets certain requirements for withdrawing the admission.{footnote}See also Barry v. Chaplin, 74 Cal. App. 2d 652 (1946)(G).{/footnote} 

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ADMISSIONS; PLEADINGS AND PLEAS; STIPULATIONS.