Judicial Admission Law and Legal Definition
Judicial admission means an admission made by a party in a judicial proceeding relating to an opposing party’s assertion, or a failure to officially dispute an assertion. Judicial admission must be in writing except when they are part of the court record. Generally, judicial admission is treated as an incontrovertible fact in the remaining court proceedings. Further, it relieves the opposing party from having to prove the admitted fact and bars the party who made the admission from disputing it. It is also called a solemn admission, admission in judicio, or true admission.
In Elliott v. Industrial Comm'n (United Airlines), 303 Ill. App. 3d 185 (Ill. App. Ct. 1999), the court held that “Statements considered admissions can be determined to be judicial admissions or evidentiary admissions. Ordinarily, a judicial admission is a statement made during the judicial proceeding or contained in a document filed with the court.” In addition to this the court held that “Ordinary evidentiary admissions should be distinguished from judicial admissions, which conclusively bind a party. Judicial admissions are defined as deliberate, clear, unequivocal statements by a party about a concrete fact within that party's knowledge. Where made, a judicial admission may not be contradicted in a motion for summary judgment or at trial. The purpose of the rule is to remove the temptation to commit perjury.”
