Print

In Limine and Beyond: Part 2

Read the full article (PDF) >

About a year and a half ago, this column addressed a decision from the Minnesota Court of Appeals holding that an appellant was required to bring a motion for a new trial to preserve for appeal certain evidentiary issues raised in motions in limine even if the motions were heard and decided  prior to trial. See Eric J. Magnuson & Ryan Marth, “In Limine and Beyond: More Procedural Cases,” Minn. Lawyer (Jan. 16, 2018). In County of Hennepin v. Bhakta, 907 N.W.2d 908 (Minn. App. 2017), the Court of Appeals held that pre-trial evidentiary rulings addressed to the discretion of the court must be assigned as error in a motion for a new trial in order to properly preserve those objections for appellate review. The ruling suggested that nearly all pretrial procedural issues, including discovery, would need to be included in a motion for a new trial, otherwise the issue would be waived for appeal.

Reprinted with permission of Minnesota Lawyer ©2019

The articles on our Website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice.