Section 3.5 Judicial Admissions by Pleadings in Same Proceeding

• Library: Sources of Proof (2014 Ed.)

D. (§3.5) Judicial Admissions by Pleadings in Same Proceeding

A party to a suit is absolutely bound by statements adverse to the party’s interest contained in the party’s pleadings on which the case is tried. Such a statement is a true judicial admission. A party is precluded from denying or contradicting any fact contained in such an admission in the pleadings. See:

· Huber v. W. & S. Life Ins. Co. of Cincinnati, Ohio, 341 S.W.2d 297, 300 (Mo. App. E.D. 1960)

· Kelley v. Briggs, 290 S.W. 105, 107 (Mo. App. W.D. 1927)

· Piel v. Piel, 918 S.W.2d 373, 376 (Mo. App. E.D. 1996)

The narrow exception to this rule is when the party seeking to rely on an admission made in another party’s pleading has actually introduced evidence contrary to the admission. In that case, the issue is for the trier of fact to decide. Jenni v. Gamel, 602 S.W.2d 696, 699 (Mo. App. E.D. 1980); Plemmons v. Pevely Dairy Co., 233 S.W.2d 426 (Mo. App. E.D. 1950). Likewise, if a party does not rely on the opponent’s judicial admission and offers independent evidence that proves the admission, the opponent is not bound...