Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶83 The City acknowledges these statements but contends they were made in support of “affirmative defenses.” Yet, the City offers no insight whatsoever as to how this fact bears on our analysis. We have held that a party or its attorney may make judicial admissions in a brief supporting a motion for summary judgment and that such an admission “has a conclusive effect upon the party who makes it, and prevents that party from introducing further evidence to prove, disprove, or contradict the admitted fact.” Bitterroot Int’l Systems, Ltd. v. Western Star Trucks, Inc., 2007 MT 48, ¶¶ 41-43, 336 Mont. 145, ¶¶ 41-43, 153 P.3d 627, ¶¶ 41-43. The City cites no authority for the proposition that the rules of judicial admissions do not apply to affirmative defenses.

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