In limine and beyond

Part 2

March 18, 2019

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

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Eric J. Magnuson

Partner

Chair, Appellate Practice
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