PRETRIAL ADJUDICATION
...Pleading
......Complaints
.........Judicial Admissions
10 Cards On This Topic:

All uncontradicted, material allegations in a complaint or cross-complaint are taken as true, that is they are admitted.

Judicial admission may be used as prior inconsistent statement for impeachment purposes.

The pleading admission precludes evidence on the subject of the admission and is binding on both sides.

Pleader may not prove facts contradictory to admission in pleadings.

"Material" allegation is one essential to claim or defense which could not be stricken from pleading without leaving it insufficient as to that claim or defense.

Where D alleges facts in inconsistent defense in one action which are inconsistent with position taken in later action, first verified pleading may be used as evidentiary admission against interest.

Amendment may not contradict admission in original pleading, unless in case of clear mistake as to facts.

Superseded pleading may be offered for purposes of impeachment; admission in superseded complaint not admissible as evidence.

A superseded pleading in the same case may contain a mistaken judicial admission unless allowed to be corrected.

Essential defect in cause of action not curable by amendment without explanation; original pleading containing admission may be determinative on demurrer.