Section 6.8 Use of Admissions

• Library: Discovery 2015

While Rule 59.01(c) provides that a matter admitted is conclusively established (barring withdrawal or amendment of the admission), the Rule does not provide a specific procedure for the use of admissions at trial. In Felton v. Hulser, 957 S.W.2d 394, 397–98 (Mo. App. W.D. 1997), the court held that the requesting party has the right to read the admissions to the jury unless there is a valid objection. To establish the right to read or otherwise rely on the admissions, the requesting party should be prepared to offer evidence of the proper service of requests for admission and the opposing party’s failure to respond. Even though Rule 59.01 provides that admissions obtained under it are conclusively established for the purposes of the pending action, admissions that are offered in evidence will be subject to pertinent objections attacking their admissibility. See 8A CHARLES A. WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 2264, p. 568 (1994). Thus, even if an admission is made, objection can be made to its admissibility on a basis such as relevancy.

In addition to the use of admissions as evidence at trial, admissions may be used to establish facts for summary judgment or a motion to dismiss. See:

• Commerce Bank of Fenton N.A. v. B.P.J. Enters., Inc., 659 S.W.2d 615, 618 (Mo App. E.D. 1983) (summary judgment)

• Research Hosp. v. Williams, 651 S.W.2d 667, 669 (Mo. App. W.D. 1983) (judgment supported by admissions)

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