CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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Admissions: In General (Civil)
.........Judicial & Discovery Admissions
6 Cards On This Topic:
Boilerplate allegation of Ds' mutual agency did not constitute a binding judicial admission allowing law firm Ds to bind other Ds to arbitration agreement between P and law firm.
Judicial admission may consist of allegation in pleading or attorney's concession or stipulation to facts.
Admissions against interest in interrogatories and depositions admissible to support summary judgment motion because of high credibility value.
Attorney's declaration under Code Civ. Proc §473 to rectify mistake inadmissible as admission of party opponent in subsequent malpractice action.
Testimony of litigant contrary to his/her legal position admissible under hearsay exception.
Pleading in other civil proceeding may be offered as admission in subsequent proceeding.