Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 87 (2026)

Pleadings as evidence; effect

✓ current as of July 2026

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Section 87. In any civil action pleadings shall not be evidence on the trial, but the allegations therein shall bind the party making them.

Notes of Decisions

Cited in 61 cases (14 in the last 5 years), 1927–2026 · leading case: Brown v. Gerstein, 460 N.E.2d 1043 (Mass. App. Ct. 1984).

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Brown v. Gerstein, 460 N.E.2d 1043 (Mass. App. Ct. 1984). “Compare G. L. c. 231, § 87 (which renders allegations of fact made in pleadings actually filed in court judicial admissions of the party making them).”

Wood v. Roy Lapidus, Inc., 413 N.E.2d 345 (Mass. App. Ct. 1980). “Allegations in pleadings may constitute judicial admissions, G. L. c. 231, § 87, but only if they are allegations of fact.”

Maker v. Bermingham, 592 N.E.2d 1339 (Mass. App. Ct. 1992). · cites it 2× “189, 191 (1930), for the purpose of applying G. L. c. 231, § 87 (1988) (allegations in pleadings “shall bind the party making them”), the admission of a matter constituting a mixed question “will conclude the issue,” Wasserman v.”

Honey Dew Assocs., Inc. v. Creighton Muscato Enter., Inc., 903 N.E.2d 239 (Mass. App. Ct. 2009). · cites it 2× “Whether that reply was amended in later pleadings is of paramount importance, because G. L. c. 231, § 87, provides that pleadings in any civil action “shall not be evidence on the trial, but the allegations therein shall bind the party making them.”

Cheschi v. Boston Edison Co., 654 N.E.2d 48 (Mass. App. Ct. 1995). “See G. L. c. 231, § 87; Harrington v. Metropolitan Transit Authy.”

Barnes v. City of Springfield, 168 N.E. 78 (Mass. 1929). “The petitioners are seeking to have a jury assess their damages in accordance with the provisions of the act authorizing the taking.”

Care & Prot. of Doretta & Others., 101 Mass. App. Ct. 584 (Mass. App. Ct. 2022). “Nothing in G. L. c. 231, § 87, supports the assertion that materials submitted with a pleading thereby become categorically inadmissible.”

Steranko v. Inforex, Inc., 395 N.E.2d 1303 (Mass. App. Ct. 1979). “Apart from the question whether such a ruling would be consistent with our earlier opinion, we do not think that the pleadings can be fairly construed to confine Steranko to the position that he would and could have sold the 22,200 shares on January 7, 1972.”

Metro. Prop. & Cas. Ins. v. Morel, 802 N.E.2d 592 (Mass. App. Ct. 2004). “G. L. c. 231, § 87. Nevertheless, because the defendants have not raised the point, and the parties have not briefed it, we do not decide the case on this basis.”

Boston Police Patrolmen's Ass'n v. City of Boston, 805 N.E.2d 80 (Mass. App. Ct. 2004). “” G. L. c. 231, § 87. Whether proceedings to confirm or vacate an arbitration award constitute a “civil action” need not consume our attention.”

Bancroft v. Cook, 162 N.E. 691 (Mass. 1928). “” In the answer the defendants admit that the Harvard Chapter of Delta Upsilon Fraternity has never been dissolved, has never for three successive years failed to elect nominal members and has never severed its connection with the Delta Upsilon Fraternity.”

Zazzara v. Townsend, 1994 Mass. App. Div. 61 (Mass. Dist. Ct., App. Div. 1994). · cites it 2× “We note, too, that the General Court has considered the importance of holding litigants to their statements in the related area of pleadings in G.L.c. 231, §87, which provides, “[i]n any civil action pleadings shall not be evidence on the trial, but the allegations therein shall…”

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