Cited by
Opinions in Minnesota that cite Sauter v. Wasemiller, 389 N.W.2d 200.
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Snowman Construction v. Ceresota Funding II LLC, et al., Minnwest Bank
Minn. Ct. App. 2026
To preserve an evidentiary issue, a party must “mak[e a] timely objection.”
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Accredited Electrical Solutions, LLC, et al v. Gold Path Real Estate, LLC, et al., KPG Real Estate Holdings, …
Minn. Ct. App. 2026
We will only review issues involving trial procedure, evidentiary rulings, and jury instructions “if there has been a motion for a new trial in which such matters have been assigned as error.” (citation omitted).
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In the Matter of the Welfare of the Child(ren) of: A. F. C. and H. B. K. M., …
Minn. Ct. App. 2026
(reaffirming “the general rule that in order to preserve for appellate review issues arising during the course of trial, counsel—in addition to taking the other requisite steps, including making timely objection—must move the [district] court for a new trial pursuant to Minn. R. Civ.
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In Re the Marriage of: Erica Leigh Riehm v. Harold Andrew Riehm
Minn. Ct. App. 2026
B. Scope of review: Generally, “matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.”
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Charles Ward, et al v. Ward Family, Inc., et al
Minn. Ct. App. 2025
“It has long been the general rule that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.” ; see also Minn. R. Civ.
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Cathy J. Foy, et al v. Tria Orthopaedic Center LLC, Joel L. Boyd, M.D.
Minn. Ct. App. 2025
d 200, 202 (Minn. 1986).
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Natalie Synhaivsky v. Associated Bank
Minn. Ct. App. 2025
The bank relies on Sauter v. Wasemiller , which held that, in general, “matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial.” d 200, 201 (Minn. 1986).
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In the Marriage of: Sarah Lynn Nelson, n/k/a Sarah Lynn Derry v. Abel Aaron Nelson
Minn. Ct. App. 2025
are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.”
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James Dennis Omwenga v. Wallace Rasugu, NewGen Contractors L.L.C.
Minn. Ct. App. 2025
Additionally, “[i]t has long been the general rule that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.” .
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In re the Marriage of: Donald Gerard Sauve v. Haley Marie Lindstrom, f/k/a Haley Marie Sauve, County of …
Minn. Ct. App. 2024
Minnesota has long followed “the general rule that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.” (emphasis added) (reaffirming the rule) .
- Maria Olson, et al v. Hinshaw & Culbertson LLP Minn. Ct. App. 2024
- In the Matter of: Danielle Ann Oldenburg v. Daniel Frederick Schanze (A23-1837), In the Matter of: Daniel Frederick … Minn. Ct. App. 2024
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In the Matter of: Danielle Ann Oldenburg v. Daniel Frederick Schanze (A23-1837), In the Matter of: Daniel Frederick …
Minn. Ct. App. 2024
Generally, “matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.”
- Lindsay Allyn Yates Plumer v. Joseph Mark Plumer, Jr. Minn. Ct. App. 2024
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Lindsay Allyn Yates Plumer v. Joseph Mark Plumer, Jr.
Minn. Ct. App. 2024
d’s failure to seek a new trial forfeited his appellate challenges to the HRO, wife relies on “the general rule that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion 4 for a new trial in which such matters have been assigned as error.” see also Minn. R. Civ.
- In re the Matter of: E.J.N.V., DOB 12/19/2018, Angelina Louise Vanderlinde, et al v. Elysa Mae Nason, Joseph … Minn. Ct. App. 2023
- Kristie Kollmann, et al v. Joseph M. Garding, et al Minn. Ct. App. 2023
- In re the Custody of H. T. J. and H. W. J., Minor Children, Tyler Raymond Johnson, Jr. … Minn. Ct. App. 2023
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Luisa Petrona Branscum v. Justin Dakota Branscum
Minn. Ct. App. 2023
Such a motion serves to either “eliminate the need for appellate review” or, “if appellate review is sought,” to “facilitate development of ‘critical aspects of the record.’” 4 (Minn. 2003) (discussing motion for new trial) (d 200, 201 (Minn. 1986)).
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James F. Christie v. Estate of Dilman Christie, et al., Charles Christie, et al
Minn. Ct. App. 2023
3 3 Appellant contends that Thiele only applies to “issues raised and decided during trial,”
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In the Matter of the Welfare of the Children of: D. O. and L. P., Parents
Minn. Ct. App. 2022
In juvenile cases, appellate courts may only review evidentiary rulings “if there has been a motion for a new trial in which such matters have been assigned as error.” (quoting Sauter v. Wasemiller , ) , rev. denied (Minn. Nov.
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Dr. Eric Steffen v. Scott Uttley, et al
Minn. Ct. App. 2022
are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.”
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In re The Robert Preus and Donna Mae Preus Lake Property Family Trust
Minn. Ct. App. 2021
-02 (Minn. 1986) (using the phrases “occurring at trial,” “during the course of trial,” and “during trial” to depict issues that must first be addressed in a motion for a new trial before appellate review may be sought).
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In the Matter of the Welfare of the Children of: K. E. S., M. W. C., and T. …
Minn. Ct. App. 2021
(declining to review ev identiary issues in a juvenile protection proceeding where appellant failed to br ing a motion for a new trial) (), review denied (Minn. Nov.
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Khalif Jama, et al v. Saleban Garbiye, Amal Money Wire, LLC d/b/a Amal Express, et al., and Jamal …
Minn. Ct. App. 2021
otion for a new trial.” County of Hennepin v. Bhakta , 9 see also Alpha Real Estate Co. of Rochester v. Delta Dental Plan of Minn ., (clarifying that only substantive questions of law properly raised and considered by district court are subject to appellate review without making a motion for new trial); (same).
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In re the Marriage of: Dia Eldin Jubara v. Nihad Salah Awad Hamed
Minn. Ct. App. 2020
See Sauter v. Wasemiller , (“[T]he general rule [is] that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.”); Frank v. Illinois Farmers Ins.
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Big-D Construction Midwest, LLC v. JL Schwieters Construction, Inc., vs. Chicago Flameproof & Wood Specialties Corp.
Minn. Ct. App. 2020
jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.” (noting that a new -trial motion provides the district court with an opportunity to remedy errors or more fully develop the record).
- In re the Estate of: Norman Sebert Larson, Deceased Minn. Ct. App. 2020
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In re the Matter of: Ronald Joseph Claeson v. Florence Marie Denais
Minn. Ct. App. 2019
In Sauter v. Wasemiller, the supreme court stated “that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.”
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Twin Town Properties, LLC v. Mark Janavaras a/k/a Markos Janavaras d/b/a General J’s Military Surplus
Minn. Ct. App. 2019
(indicating that, generally, to preserve an evidentiary ruling for appeal, the party seeking review must make a motion for a new trial to the district court).
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In the Matter of the Welfare of the Children of: K.M. and T.R., Parents
Minn. Ct. App. 2019
both in adult and juvenile proceedings, “are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.” (declining to review evidentiary issues in a juvenile protection proceeding where appellant failed to bring a motion for new trial) ( 12 (Minn. 1986)), review denied (Minn. Nov.
- Cnty. of Hennepin v. Bhakta 922 N.W.2d 194 Minn. 2019
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Cnty. of Hennepin v. Bhakta
922 N.W.2d 194
Minn. 2019
The court of appeals concluded that orders on pretrial procedural motions in limine fall within the general rule of Sauter v. Wasemiller
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In the Matter of the Welfare of the Children of: A. R. H., R. W. G., and M. …
Minn. Ct. App. 2018
(“[T]he general rule [is] that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.
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In the Matter of the Welfare of the Children of: S.S.H. and B.W.R., Parents
Minn. Ct. App. 2018
4 -02 (Minn. 1986) (holding that evidentiary rulings not challenged as erroneous in a post-trial motion are not reviewable on appeal).
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Richard Odoms v. SMSC Gaming Enterprises - Mystic Lake Casino, Department of Employment and Economic Development
Minn. Ct. App. 2018
Requests for reconsideration—like new-trial motions—allow the court an “opportunity to correct its own errors without subjecting the parties and the appellate courts 5 to the time, expense, and inconvenience involved in an appeal.”
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In the Matter of the Trust Created Under Agreement By and Between Eugene V. Stowell and Shirley Marie …
Minn. Ct. App. 2018
The supreme court has held that rule 103.04’s broad language does not change the longstanding general rule “that ma tters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.” (citing Heise v. J.R. Clark, Co., 245 Minn. 179, 191, ).
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In re the Marriage of: Praveen Prabhakaran v. Vadivazhaghi Kannan
Minn. Ct. App. 2018
Evidentiary rulings are subject to appellant review “only if there has been a motion for a new trial in which such matters have been assigned as error.”
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Ricky Johnson, d/b/a Rick Johnson’s Deer and Beaver, Inc. v. Anoka County
Minn. Ct. App. 2017
“[T]he general rule [is] that matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.”
- Staffing Specifix, Inc. v. TempWorks Management Services, Inc. 896 N.W.2d 115 Minn. Ct. App. 2017
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Staffing Specifix, Inc. v. TempWorks Management Services, Inc.
896 N.W.2d 115
Minn. Ct. App. 2017
Generally, in a civil case, “matters such as trial procedure, evidentiary rulings and jury instructions are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned as error.”
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In the Matter of the Welfare of the Child of: C. M. P. and W. A. S., Parents
Minn. Ct. App. 2017
(declining to review evidentiary issues in a CHIPS determination where appellant failed to bring a motion for new trial) (d 200, 201 (Minn. 1986)), review denied (Minn. Nov.
- Curtis Trude, (A15-0378), (A15-1863, A15-1864), Glenwood State Bank, counterclaimant, and third party v. Peterson Earth Movers, Inc., Third … Minn. Ct. App. 2016
- Curtis Trude, (A15-0378), (A15-1863, A15-1864), Glenwood State Bank, counterclaimant, and third party v. Peterson Earth Movers, Inc., Third … Minn. Ct. App. 2016
- In re the Marriage of: Carol Lee D’Costa v. Joseph Francis D’Costa Minn. Ct. App. 2016
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In re the Marriage of: Carol Lee D’Costa v. Joseph Francis D’Costa
Minn. Ct. App. 2016
Generally, evidentiary rulings “‘are subject to appellate review only if there has been a motion for a new trial in which such matters have been assigned error.’” (d 200, 201 (Minn. 1986)), review denied (Minn. Nov.
- In re the Matter of Boyd Jacob Phelps v. Lynnea Diana Sterling Minn. Ct. App. 2015
- In re the Matter of Boyd Jacob Phelps v. Lynnea Diana Sterling Minn. Ct. App. 2015
- Toyota-Lift of Minnesota, Inc. v. American Warehouse Systems, LLC, et al. and third party plaintiffs, vs. Les Nielsen, … 868 N.W.2d 689 Minn. Ct. App. 2015
- Toyota-Lift of Minnesota, Inc. v. American Warehouse Systems, LLC, et al. and third party plaintiffs, vs. Les Nielsen, … 868 N.W.2d 689 Minn. Ct. App. 2015