Chapter 17 - § 17.13 BINDING EFFECT OF ADMISSIONS IN CLOSING

• Jurisdiction: Colorado

§ 17.13 BINDING EFFECT OF ADMISSIONS IN CLOSING

Colorado

➢ Admissions Made by Counsel During Closing Are Binding. An unequivocal admission during closing is binding on that party. Larson v. A.T.S.I., 859 P.2d 273 (Colo. App. 1993).

➢ Not All Statements Are Admissions. Discussion during closing argument of a certification by the plaintiff of what was true to the best of her knowledge, information, and belief is not necessarily a judicial admission. Salazar v. American Sterilizer Co., 5 P.3d 357 (Colo. App. 2000).

➢ Statements in Argument Not Judicial Admissions. In order for statements by counsel to be binding admissions, there must be a statement by counsel that is a deliberate declaration made for the purpose of dispensing with proof of a formal matter.

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