762.5 Judicial Admissions

For a statement to be a judicial admission, it must be clear, deliberate and unequivocal, and it must be a statement of fact rather than opinion. Two letters written by representatives of the Respondent to the Equal Rights Division in this case were appropriately treated as judicial admissions. The letters stated, among other things, that the Complainant (who alleged in his complaint that the Respondent failed to accommodate his religious practices) was selected for layoff in part because of his inability or unwillingness to work on Sunday. Although the Respondent subsequently claimed that the letters did not accurately reflect the Respondent's reason for discharging the Complainant, this testimony did not preclude the determination that the letters were judicial admissions. Tolibia Holdings, Inc. v. DILHR (Ct. App., Dist. II, unpublished opinion, 02/15/95).

In order for a statement to constitute a judicial admission, it must be clear, deliberate and unequivocal, and it must be a statement of fact rather than opinion. Whether a statement or purported concession is to be treated as a judicial admission rests in the sound discretion of the court. James v. Associated Schools, Inc. (LIRC, 11/27/91).