Evidence and Trial Practice Flashcards

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

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

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.

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

Answer: 30 days of the verdict

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.

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

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

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.

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

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

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.

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

Answer: Subpoena duces tecum

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

In Minnesota, which standard governs a court's decision to grant or deny a preliminary injunction?

Answer: Preponderance of the evidence on all four Dataphase factors

Minnesota courts follow the Dataphase factors: likelihood of success on the merits, threat of irreparable harm, balance of harms, and public interest, weighed under a preponderance standard.