Your Honor What I Meant to State Was...: A Comparative Analysis of the Judicial and Evidentiary Admission Doctrines as Applied to Counsel Statements in Pleadings, Open Court, and Memoranda of Law
37 Pages Posted: 7 Jul 2017
Date Written: 1995
This article analyzes the law regarding party admissions; specifically as applied to statements in pleadings, open court, and memoranda of law. In particular, this article will: (1) provide a detailed description of the two types of admissions counsel make; (2) address courts' treatment of attorneys' admissions in different circumstances; and (3) provide an argument for treating attorneys' admissions in memoranda of law similar to admissions in open court or in pleadings. The goal of this article is to provide a blueprint of the law on admissions, an area of law where all to often counsel pays little attention, and to advocate a change in the treatment of attorneys' admissions in memoranda of law.
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