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2.4-5 Admissions from Requests to Admit

Revised to January 1, 2008

You have heard that <identify the party> filed a motion asking <identify the party> to admit certain facts and that those facts are admitted as true.  You should therefore consider those facts as proven without the need for evidence.  It is still up to you to decide what weight or importance those facts have, if any, in deciding the issues in this case.

Authority

Rudder v. Mamanasco Lake Park Assn., Inc., 93 Conn. App. 759, 769 (2006) (judicial admission dispenses with production of evidence by opposing party as to fact admitted, and is conclusive upon party making it); East Haven Builders Supply, Inc. v. Fanton, 80 Conn. App. 734, 744 (2004) (party's response to request for admissions is binding as judicial admission unless judicial authority permits withdrawal or amendment); Speed v. DeLibero, 23 Conn. App. 437, 440 (jury determines weight and effect to be given evidence), cert. denied, 216 Conn. 832 (1990).
 


 

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