Legal Memorandum: Motion in Limine in MN

Issue: Whether evidence on a matter that is not in dispute may be brought up at a trial in a divorce action in Minnesota.

Area of Law: Family Law, Litigation & Procedure
Keywords: Motion in limine; Evidence; Divorce action
Jurisdiction:  Minnesota
Cited Cases: 133 N.W.2d 652; 391 N.W.2d 791; 664 N.W.2d 414
Cited Statutes: Minn. R. Evid. 402
Date: 11/01/2012

The purpose of a motion in limine is to prevent “injection into trial of matters which are irrelevant, inadmissible and prejudicial.”  Hebrink v. Farm Bur. Life Ins. Co., 664 N.W.2d 414, 418 (Minn. Ct. App. 2003) (quoting Black’s Law Dictionary 1013 (6th ed. 1991)).  Evidence on a matter that is not in dispute is irrelevant, P.H.T. Sys., Inc. v. Tropical Flavors, Inc., No. A05-833 (Minn. Ct. App. May 30, 2006) (citing In re Welfare of J.W., 391 N.W.2d 791, 796 (Minn. 1986)), and irrelevant evidence is inadmissible, Minn. R. Evid. 402.

See, e.g., Kiesow v. Kiesow, 270 Minn. 374, 386, 133 N.W.2d 652, 661 (1965) (stating that “the judgment in the divorce action, so far as it affects the property rights of the parties as between each other, is mutually binding upon them”) (citation omitted). 


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