Section 3.10 Prior Statements Made by a Party

• Library: Sources of Proof (2014 Ed.)

A party’s prior written or oral statement may be an admission against interest and used for that purpose at trial, but it does not constitute a conclusive judicial admission. This is true even though the prior statement is made under oath, including an interrogatory. In re Estate of Jeffries, 427 S.W.2d 439, 444–45 (Mo. 1968). Similarly, a party’s deposition testimony, not offered by that party, does not constitute a judicial admission. Jones v. Wilbanks, 735 S.W.2d 409, 412 (Mo. App. S.D. 1987). It may be contradicted, and the correct version is for the trier of fact to decide. See:

· Moore v. Ready Mixed Concrete Co., 329 S.W.2d 14, 20 (Mo. banc 1959)

· Jones, 735 S.W.2d at 412

· Rakestraw v. Norris, 478 S.W.2d 409, 417 (Mo. App. S.D. 1972)

· Allison v. AgriBank, FCB, 949 S.W.2d 182 (Mo. App. S.D. 1997)

· Elmahdi v. Ethridge, 987 S.W.2d 366 (Mo. App. W.D. 1999)

In contrast, a party’s responses to requests to admit are generally deemed conclusively established in the action in which they are made. Rule 59.01(b) (“Any matter admitted under this Rule 59.01 is conclusively established unless the court on motion permits withdrawal...