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2.4-4 Admissions from Pleadings

Revised to January 1, 2008

You have been presented with some statements that the <identify the party> made in the <identify the pleading> and some responses by <identify the party> admitting that those statements are true.  As to <identify the party>, you should therefore consider that those facts are proven without the need for evidence.  It is still up to you to decide what weight or importance those facts have, if any, in deciding the issues in the case.

Authority

Rudder v. Mamanasco Lake Park Assn., Inc., 93 Conn. App. 759, 769 (2006) (judicial admission dispenses with production of evidence by opposing party as to fact admitted, and is conclusive upon party making it); Jones Destruction, Inc. v. Upjohn, 161 Conn. 191, 199 (1971) (admission in defendant's answer is judicial admission conclusive on defendant, and matter admitted is not in issue); Speed v. DeLibero, 23 Conn. App. 437, 440 (jury determines weight and effect to be given evidence), cert. denied, 216 Conn. 832 (1990); see also Ferreira v. Pringle, 255 Conn. 330, 345 (2001) (factual allegations contained in pleadings upon which case is tried are judicial admissions and are irrefutable as long as they remain in case).
 


 

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