As Heasay [West 318(8)]

Pleadings in other legal proceedings have been held inadmissible hearsay where offered for the truth of the matters asserted.{footnote}Domtar, Inc. v. Niagara Fire Ins. Co., 552 N.W.2d 738 (Minn. App. 1996) (complaints properly excluded); Hill v. Merriman Cattle Co., 687 P.2d 59, 71 (Mont. 1984) (answer and counterclaim properly excluded even though they may have satisfied “ancient documents” exception).{/footnote}   They have also been held inadmissible under the balancing test of FRE 403 and its state counterparts.{footnote}Domtar, Inc. v. Niagara Fire Ins. Co., 552 N.W.2d 738 (Minn. App. 1996) (complaints properly excluded due to lack of trustworthiness of affidavits attached, which were signed by the plaintiff’s attorney).{/footnote}

As Judicial Admissions

Facts may be deemed admitted through a party’s pleadings,{footnote}Kansas City Life Ins. Co. v. Bowns, 129 F.2d 287 (10th Cir. 1942).{/footnote} either affirmatively{footnote}Campbell v. Sonat Offshore Drilling, Inc., 979 F.2d 1115 (5th Cir. 1992)(response to third-party complaint); Faust v. The Travelers, 55 F.3d 471 (9th Cir. 1995)(allegation that two corporations were alter egos constitutes judicial admission).{/footnote} or by failure in a responsive pleading to deny an allegation by the other party.{footnote}Fed. R. Civ. P. 8(d).{/footnote} Most courts hold that parties are conclusively bound by the allegations of fact in their own pleadings in a case and cannot offer contrary evidence.{footnote}Schott Motorcycle Supply, Inc. v. American Honda Motor Co., 976 F.2d 58 (1st Cir. 1992)(allegation in complaint as to existence of written contract); Kunglig Jarnvagsstyrelsen v. Dexter & Carpenter, Inc., 32 F.2d 195 (2d Cir. 1929).

Check But see Cabrera v. Jakobovitz, 24 F.3d 372 (2d Cir. 1994)(party’s retraction in trial testimony of admission in its pleading goes to weight to be given admission; jury free to disregard retraction if found not to be credible).

Annot., 90 A.L.R. 1393.{/footnote}   If the pleading was in another civil matter, admissions in it may be introduced against the pleader as admissions{footnote}Universal American Barge Corp. v. J-Chem, Inc., 946 F.2d 1131 (5th Cir. 1991)(argument raised in seperate arbitration proceeding); LWT, Inc.v. Childers, 19 F.3d 539 (10th Cir. 1994)(pleading in related state lawsuit admissible in federal suit where contrary position was being taken by same party); Dugan v. EMS Helicopters, Inc., 915 F.2d 1428 (10th Cir. 1990)(in wrongful death death suit against helicopter owner and operator, court erred in excluding inconsistent assertions made by plaintiffs in prior suit against manufacturers and maintenance facility).{/footnote} but are not conclusive.{footnote}Purgess v. Sharrock, 33 F.3d 134 (2d Cir. 1994)(footnote in brief filed in related case); Universal American Barge Corp. v. J-Chem, Inc., 946 F.2d 1131 (5th Cir. 1991)(argument raised in seperate arbitration proceeding); Kohler v. Leslie Hindman, Inc., 80 F.3d 1181 (7th Cir. 1996).

Annot., A.L.R. 1397.

CHECK Martel v. Stafford, 992 F.2d 1244 (1st Cir. 1993).{/footnote} 

Different parties.

Verification. Some courts hold that unverified pleadings are not binding admissions, but may nevertheless be introduced into evidence.{footnote}Chavez v. Watts, 161 Ill. App. 3d 664, 515 N.E.2d 146 (1st Dist, 1987).{/footnote} 

Unfiled pleadings.

Effect of subsequent pleadings.   If the pleading containing the admission has been withdrawn, by virtue of having been amended or otherwise, most courts will allow the admission to be introduced into evidence, but it is not conclusive against the pleader.{footnote}Huey v. Honeywell, Inc., 82 F.3d 327 (9th Cir. 1996); Sicor Ltd. v. Cetus Corp., 51 F.3d 848 (9th Cir. 1995), cert. denied, 116 S.Ct. 170, 133 L.Ed.2d 111; Wood v. Allstate Ins. Co., 815 F. Supp. 1185 (N.D.Ind. 1993), reversed 21 F.3d 741.{/footnote} Others only allow such admissions to be introduced as impeachment.  Where a party has made a judicial admission in a pleadings but explains the error in a subsequent pleading or by amendment, it has been held that the trial court must accord due weight to the explanation.{footnote}Sicor Ltd. v. Cetus Corp., 51 F.3d 848 (9th Cir. 1995), cert. denied, 116 S.Ct. 170, 133 L.Ed.2d 111.{/footnote}

Alternative Pleadings. 

It has been held that the doctrine of judicial admissions should not be applied so as to undermine a party’s right to set forth alternative claims and defenses.{footnote}Schott Motorcycle Supply, Inc. v. American Honda Motor Co., Inc. v. 976 F.2d 58 (1st Cir. 1992).

But see Langer v. Monarch Life Ins. Co., 966 F.2d 786 (3d Cir. 1992)(allowing use of judicial admission in pleading which stated hypothetical right of action depending on its loss in a separate suit did not undermine party’s right to plead hypothetically).{/footnote}