MN Bar Evidence and Trial Practice 3

Question 1

In a Minnesota civil trial, when may a court grant judgment as a matter of law (directed verdict) to a defendant?

Accepted Answer

After the plaintiff rests, if reasonable minds could not differ on the outcome

Answer

Under Minn. R. Civ. P. 50, a motion for judgment as a matter of law may be made after a party has been fully heard and the evidence is legally insufficient for a reasonable jury to find for that party.

Question 2

Under the Minnesota Rules of Civil Procedure, a party seeking a new trial must file a motion within:

Accepted Answer

30 days of the verdict

Answer

Under Minn. R. Civ. P. 59.03, a motion for a new trial must be served within 30 days after a general verdict or decision.

Question 3

Under Minnesota Rule of Evidence 801(d)(2), which admission by a party opponent is NOT hearsay?

Accepted Answer

An out-of-court statement by the party offered against them

Answer

Under Minn. R. Evid. 801(d)(2), a party's own out-of-court statement offered against them is defined as not hearsay — it is an admission by party opponent.

Question 4

In Minnesota, which of the following is required for the excited utterance exception to hearsay under Rule 803(2)?

Accepted Answer

The statement must relate to a startling event and be made under its stress

Answer

Minn. R. Evid. 803(2) requires that the statement relate to a startling event and be made while the declarant was still under the stress or excitement of the event.

Question 5

Under Minnesota Rules of Civil Procedure, which discovery method allows a party to require a non-party to produce documents?

Accepted Answer

Subpoena duces tecum

Answer

Under Minn. R. Civ. P. 45, a subpoena duces tecum compels a non-party to produce documents, electronically stored information, or tangible things.

MN Bar - Minnesota Bar Exam Practice Test

MN Bar - Minnesota Bar Exam Practice Test

MN Bar Evidence and Trial Practice 3