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

After both parties have rested

Answer

Only at the close of all evidence

Answer

Only if the plaintiff fails to appear

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

10 days of the verdict

Answer

20 days of entry of the judgment

Answer

60 days of the verdict

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

A statement made by a third party that the opposing party found helpful

Answer

A prior statement of a witness offered on direct examination

Answer

A document prepared by the opposing party's expert

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

The statement must be made within one hour of the event

Answer

The declarant must be unavailable

Answer

The statement must be in writing

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

Interrogatories

Answer

Request for production served on the non-party

Answer

Deposition notice only

Question 6

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

Accepted Answer

Preponderance of the evidence on all four Dataphase factors

Answer

Clear and convincing evidence of irreparable harm only

Answer

A reasonable probability of success on the merits alone

Answer

Proof beyond a reasonable doubt of imminent harm