Rule 266. OPEN AND CLOSE - ADMISSION

RULE 266. OPEN AND CLOSE - ADMISSION

Except as provided in Rule 269 the plaintiff shall have the right to open and conclude both in

adducing his evidence and in the argument, unless the burden of proof on the whole case under the

pleadings rests upon the defendant, or unless the defendant or all of the defendants, if there should

be more than one, shall, after the issues of fact are settled and before the trial commences, admit

that the plaintiff is entitled to recover as set forth in the petition, except so far as he may be

defeated, in whole or in part, by the allegations of the answer constituting a good defense, which

may be established on the trial; which admission shall be entered of record, whereupon the

defendant, or the defendants, if more than one, shall have the right to open and conclude in

adducing the evidence and in the argument of the cause. The admission shall not serve to admit

any allegation which is inconsistent with such defense, which defense shall be one that defendant

has the burden of establishing, as for example, and without excluding other defenses: accord and

satisfaction, adverse possession, arbitration and award, contributory negligence, discharge in

bankruptcy, duress, estoppel, failure of consideration, fraud, release, res judicata, statute of frauds,

statute of limitations, waiver, and the like.

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