Judicial admissions

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MSOpinion Judicial admissions “There are judicial admissions made during the trial, such as admissions in the judicial affidavits of witnesses or those elicited while cross-examining them.” READ:

are evidence against the party who made them, and are considered conclusive and binding as to the party making the judicial admission.“While it is true that a party making a judicial admission cannot subsequently take a position contrary to or inconsistent with what was pleaded…[t]o constitute a judicial admission, the admission must be made in the same case in which it is offered” .

In the 2019 Rules on Evidence, the phrase “that the imputed admission was not, in fact, made” was incorporated into Rule 129, Section 4. Superseded or amended pleadings, on the other hand, disappear from the record as judicial admissions.

 

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