Cited by
Opinions in Minnesota that cite Sauter v. Wasemiller, 389 N.W.2d 200.
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Snowman Construction, Appellant,
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., Appellants,
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:
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., Appellants,
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., Appellants,
Minn. Ct. App. 2025
d 200, 202 (Minn. 1986).
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Natalie Synhaivsky, Appellant,
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:
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, Respondent,
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:
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., Appellants, Minn. Ct. App. 2024
- In the Matter of: Danielle Ann Oldenburg v. Daniel Frederick Schanze, (A23-1837), ... Minn. Ct. App. 2024
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In the Matter of: Danielle Ann Oldenburg v. Daniel Frederick Schanze, (A23-1837), ...
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, Minn. Ct. App. 2023
- Kristie Kollmann, et al., Respondents, 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, Appellant,
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, Appellant,
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, Appellant,
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., Respondents,
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, petitioner, Respondent,
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, Appellant,
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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, A18-1594
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, Respondent,
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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, A18-1115
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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, A18-1041
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, Relator,
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, petitioner, Respondent,
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., Respondent,
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, and third party v. Les Nielsen, third party 868 N.W.2d 689 Minn. Ct. App. 2015
- Toyota-Lift of Minnesota, Inc. v. American Warehouse Systems, LLC, and third party v. Les Nielsen, third party 868 N.W.2d 689 Minn. Ct. App. 2015