Chapter 2 - § 2.3 • JUDICIAL ADMISSIONS

• Jurisdiction: Colorado

§ 2.3 • JUDICIAL ADMISSIONS

§ 2.3.1—Introduction

A variety of statements or conduct by a party or his or her attorney may constitute judicial admissions. Essentially, such admissions (as opposed to evidentiary admissions) occur in connection with judicial proceedings and generally bind the parties making them. The opposing party is then relieved of the responsibility for submitting further evidence on the issue.

Thus, for example, a party may be bound by certain allegations in his or her pleadings, statements of counsel during trial, a response (or failure to respond) to a request for admissions under C.R.C.P. 36(a) or F.R.C.P. 36(a), or an admission of certain facts or evidence in a pretrial memorandum or conference. See generally C.R.C.P. 8(b) and C.R.C.P. 36.

A party to a civil action against a convicted criminal may invoke the doctrine of collateral estoppel to preclude the former defendant from relitigating issues decided in the criminal trial on the merits. See Rantz v. Kaufman, 109 P.3d 132 (Colo. 2005) (holding that, under appropriate circumstances, the denial of a Crim. P. 35(c) motion can serve to prevent parties from relitigating certain issues). See also Allen v. Martin, 203 P.3d 546 (Colo. 2008) (client's guilty plea to securities fraud and theft had preclusive effect for purposes of her malpractice and breach of fiduciary duty claims against attorney who continued to represent her).

§ 2.3.2—Foundation Requirements

To introduce a judicial admission into evidence, it must be demonstrated that there has been

• Conduct or a statement of a party or counsel;
• That has been made in the course of a judicial proceeding; and
• In compliance with the pertinent statute or rule, if any is applicable.

§ 2.3.3—Sample Examination

The submission of a judicial admission by the opposing party may be brought directly to the court's attention or introduced into evidence through testimony. For purposes of this sample examination, it is assumed that the party who made the admission is testifying.

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