law-admissions | DEEMED ADMISSIONS |
JUDICIAL ADMISSION AS or IN LIEU OF EVIDENCE
“[A] party relying upon an opponent’s pleadings as judicial admissions of fact must protect the record by
objecting to the introduction of controverting evidence and to the submission of any issue bearing on the facts
admitted.” Marshall, 767 S.W.2d at 700. The Goudeaus did just that in their reply to defendant USF&G’s motion
for summary judgment, arguing that USF&G was precluded from introducing evidence contrary to the
admission, and that the admission, at minimum, created a material issue of fact.
U.S. Fidelity & Guaranty Co. v. Goudeau, No. 06-0987 (Tex. Dec. 19, 2008)(Brister)(insurance coverage,
admissions). Justice Green delivered a dissenting opinion
Any statement by a party opponent is admissible against that party. Bay Area Healthcare Group, Ltd. v.
McShane, 239 S.W.3d 231, 235 (Tex. 2007).
ADMISSION BY PARTY OPPONENT
Rule 801(e)(2) provides that admissions of a party-opponent are admissible non-hearsay. Tex. R. Evid. 801 (e)
(2); Reid Road Mun. Dist. No. 2 v. Speedy Stop Food Stores, Ltd., 337 S.W.3d 846, 855 (Tex. 2011).
Admissions by a party-opponent include:
(A) the party's own statement in either an individual or representative capacity;
(B) a statement of which the party has manifested an adoption or belief in its truth;
(C) a statement by a person authorized by a party to make a statement concerning the subject;
(D) a statement by the party's agent or servant concerning a matter within the scope of the agency or
employment made during the existence of the relationship; or
(E) a statement made by a co-conspirator of a party during the course and in furtherance of the conspiracy.
Tex. R. Evid. 801(e)(2). "An admission by a party-opponent, being merely a piece of evidence, is not conclusive
against the party opponent; it is simply admissible and the party may offer evidence in contradiction or
explanation of it." See Cleveland Reg'l Med. Ctr. v. Celtic Properties, L.C., 323 S.W.3d 322, 338 (Tex. App.-
Beaumont 2010, pet. filed).
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