LinkedLaw Deskbook
ITEM #:  60092600   |   PUBLISHED:  JULY 15, 2023

Minnesota Courtroom Evidence Deskbook, 3rd Edition

Edited by the Honorable Edward T. Wahl

Now in its third edition, the Minnesota Courtroom Evidence Deskbook goes beyond the evidence rules to provide thorough explanation and examination of the evidentiary concepts that guide court cases. Written by many of Minnesota’s most distinguished civil, criminal, and appellate practitioners as well as both federal and Minnesota state court judges, this essential Deskbook includes comprehensive case law analysis, alongside practice-based the insights and practice tips from the authors. Offering all the advantages of a traditional evidence manual – the full text of the Minnesota Rules of Evidence and committee comments is paired with the authors’ expert analyses – this book takes you further by offering chapter-length examinations of important evidentiary topics involving several rules simultaneously or carrying unique significance in Minnesota, including social media evidence, circumstantial evidence, and the associated standards of review, and the different inquiries used to admit expert testimony in federal and Minnesota state courts. An exhaustive treatment of evidence in both criminal and civil matters, the Minnesota Courtroom Evidence Deskbook belongs on the desk of every Minnesota attorney seeking to have evidence admitted at trial and/or reviewed at the appellate level.   

The 2023 update to the Minnesota Courtroom Evidence Deskbook brings your Deskbook fully up to date with updates to all 17 chapters! Highlights of the update include new case law and discussion on unavailability of testifying witnesses during the COVID-19 pandemic, Spreigl evidence, relationship evidence under Minnesota Statutes section 634.20, corroboration of confessions, subsequent remedial measures, admissibility of settlement offers, impeachment, the Confrontation Clause, social media evidence, proposed revisions to Federal Rule of Evidence 702, and more! As always, the Deskbook also includes the practice-related content only our expert authors can provide, and detailed analysis of dozens of new cases, from the U.S. Supreme Court down to the Minnesota state courts. The Minnesota Courtroom Evidence Deskbook is a must-own resource for all attorneys.


Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

Scope, Purpose, and Rulings on Evidence—Minnesota Rules of Evidence 101–106
Introduction; Scope – Minnesota Rule of Evidence 101; Purpose and Construction – Minnesota Rule of Evidence 102; Rulings on Evidence – Minnesota Rule of Evidence 103; Preliminary Questions – Minnesota Rule of Evidence 104; Limited Admissibility – Minnesota Rule of Evidence 105; Remainder of or Related Writings or Recorded Statements – Minnesota Rule of Evidence 106
– Honorable Diane B. Bratvold

Judicial Notice and Presumptions—Minnesota Rules of Evidence 201 and 301
Introduction; Judicial Notice – Minnesota Rule of Evidence 201; Presumptions – Minnesota Rule of Evidence 301
– Scott M. Rusert

Relevance and Exclusionary Rule—Minnesota Rules of Evidence 401–403
Introduction; “Relevant Evidence” Defined – Minnesota Rule of Evidence 401; Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible – Minnesota Rule of Evidence 402; Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time – Minnesota Rule of Evidence 403
– Joshua R. Larson

Relevancy of Character Evidence and Other Rules for Specialized Relevancy—Minnesota Rules of Evidence 404–412
Introduction; Character Evidence Not Admissible to Prove Conduct, Exceptions, Other Crimes – Minnesota Rule of Evidence 404; Methods of Proving Character – Minnesota Rule of Evidence 405; Habit; Routine Practice – Minnesota Rule of Evidence 406; Subsequent Remedial Measures – Minnesota Rule of Evidence 407; Compromise and offers to Compromise – Minnesota Rule of Evidence 408; Payment of Medical and Similar Expenses – Minnesota Rule of Evidence 409; Offer to Plead Guilty and Withdrawal of Plea – Minnesota Rule of Evidence 410; Liability Insurance – Minnesota Rule of Evidence 411; Past Conduct of Victim of Certain Sex Offenses – Minnesota Rule of Evidence 412
– Joseph P. Tamburino & Hannah L. Martin

Privilege—Minnesota Rules of Evidence 501 and 502
General Rule – Minnesota Rule of Evidence 501; Attorney-Client Privilege – Minnesota Rule of Evidence 502; The Marital Privilege; The Clergy-Penitent Privilege; Mediation Privilege; Executive Privilege
– Samantha F. Carmickle

General Competence—Minnesota Rules of Evidence 601–606
Introduction; Witness Competency – Minnesota Rule of Evidence 601; Lack of Personal Knowledge – Minnesota Rule of Evidence 602; Oath or Affirmation by a Witness – Minnesota Rule of Evidence 603; Interpreters of Witness Testimony – Minnesota Rule of Evidence 604; Competency of Judge as Witness – Minnesota Rule of Evidence 605; Competency of Juror as Witness – Minnesota Rule of Evidence 606
– Professor Peter B. Knapp

Impeachment—Minnesota Rules of Evidence 607–610
Introduction; Who May Impeach – Minnesota Rule of Evidence 607; Evidence of Character and Conduct of Witness – Minnesota Rule of Evidence 608; Impeachment by Evidence of Conviction of a Crime – Minnesota Rule of Evidence 609; Religious Beliefs or Opinions Not Admissible – Minnesota Rule of Evidence 610
– Joshua R. Larson

Witness Examination Rules—Minnesota Rules of Evidence 611–617
Introduction; Mode and Order of Interrogation and Presentation – Minnesota Rule of Evidence 611; Writing Used to Refresh Memory – Minnesota Rule of Evidence 612; Prior Statements of Witnesses – Minnesota Rule of Evidence 613; Calling and Interrogating Witnesses – Minnesota Rule of Evidence 614; Exclusion of Witnesses – Minnesota Rule of Evidence 615; Bias of Witnesses – Minnesota Rule of Evidence 616; Conversation with Deceased or Insane Person – Minnesota Rule of Evidence 617
– Honorable Edward T. Wahl

Opinions and Expert Testimony—Minnesota Rules of Evidence 701–706
Introduction; Opinion Testimony by Lay Witness – Minnesota Rule of Evidence 701; Testimony by Experts – Minnesota Rule of Evidence 702; Basis of Opinion Testimony by Experts – Minnesota Rule of Evidence 703; Opinion on Ultimate Issue – Minnesota Rule of Evidence 704; Disclosure of Facts or Data Underlying Expert Opinion – Minnesota Rule of Evidence 705; Court-Appointed Experts – Minnesota Rule of Evidence 706
– Brian J. Kluk 

Hearsay Definition and Exclusionary Rule—Minnesota Rules of Evidence 801–802
Introduction; Hearsay Definitions – Minnesota Rule of Evidence 801(a); Hearsay Definitions – Minnesota Rule of Evidence 801(b); Hearsay Definitions – Minnesota Rule of Evidence 801(c); Hearsay Definitions – Minnesota Rule of Evidence 801(d); Hearsay Rule – Minnesota Rule of Evidence 802; Constitutional Overlay: The Confrontation Clause; Miscellaneous Case Law
– Matthew D. Forsgren

Hearsay Rule–Declarant’s Availability Is Immaterial—Minnesota Rule of Evidence 803
Introduction; Not Used (Present Sense Impression) – Minnesota Rule of Evidence 803(1); Excited Utterance – Minnesota Rule of Evidence 803(2); Then Existing Mental, Emotional, or Physical Condition – Minnesota Rule of Evidence 803(3); Statements for Purpose of Medical Diagnosis or Treatment – Minnesota Rule of Evidence 803(4); Recorded Recollection – Minnesota Rule of Evidence 803(5); Records of Regularly Conducted Business Activity, Minnesota Rule of Evidence 803(6); Absence of Entry in Records Kept in Accordance with the Provisions of Rule 803(6) – Minnesota Rule of Evidence 803(7); Public Records and Reports – Minnesota Rule of Evidence 803(8); Records of Vital Statistics – Minnesota Rule of Evidence 803(9); Absence of Public Record or Entry – Minnesota Rule of Evidence 803(10); Records of Religious Organizations – Minnesota Rule of Evidence 803(11); Marriage, Baptismal, and Similar Certificates – Minnesota Rule of Evidence 803(12); Family Records, Minnesota Rule of Evidence 803(13); Records of Documents Affecting an Interest in Property – Minnesota Rule of Evidence 803(14); Statements in Documents Affecting an Interest in Property –  Minnesota Rule of Evidence 803(15); Statements in Ancient Documents – Minnesota Rule of Evidence 803(16); Market Reports, Commercial Publications –  Minnesota Rule of Evidence 803(17); Learned Treatises – Minnesota Rule of Evidence 803(18); Reputation Concerning Personal or Family History – Minnesota Rule of Evidence 803(19); Reputation Concerning Boundaries or General History – Minnesota Rule of Evidence 803(20); Reputation as to Character  – Minnesota Rule of Evidence 803(21); Judgment of Previous Conviction – Minnesota Rule of Evidence 803(22); Judgment as to Personal, Family or General History, or Boundaries – Minnesota Rule of Evidence 803(23); Other Exceptions – Minnesota Rule of Evidence 803(24) (Abrogated)
– Bryan K. Washburn

Hearsay, Declarant Unavailable, and Remaining Rules—Minnesota Rules of Evidence 804–807
Introduction; Hearsay Exceptions, Declarant Unavailable – Minnesota Rule of Evidence 804; Hearsay Within Hearsay – Minnesota Rule of Evidence 805; Attacking and Supporting Credibility of Declarant – Minnesota Rule of Evidence 806; Residual Exception – Minnesota Rule of Evidence 807; Crawford in Federal Courts; Crawford in Minnesota Courts
– Kyle R. Kroll & Thomas H. Boyd 

Authentication and Identification—Minnesota Rules of Evidence 901–903
Introduction; Requirement of Authentication or Identification – Minnesota Rule of Evidence 901; Self-Authentication – Minnesota Rule of Evidence 902; Subscribing Witness’s Testimony Unnecessary – Minnesota Rule of Evidence 903
– Jordan L. Weber & Brayanna J. Bergstrom

Contents of Writings, Recordings, and Photographs; Miscellaneous Rules—Minnesota Rules of Evidence 1001–1101
Introduction; Contents of Writings, Recordings, and Photographs, Definitions – Minnesota Rule of Evidence 1001; Requirement of Original – Minnesota Rule of Evidence 1002; Admissibility of Duplicates – Minnesota Rule of Evidence 1003; Admissibility of Other Evidence of Contents – Minnesota Rule of Evidence 1004; Public Records – Minnesota Rule of Evidence 1005; Summaries – Minnesota Rule of Evidence 1006; Testimony or Written Admission of Party – Minnesota Rule of Evidence 1007; Functions of Court and Jury – Minnesota Rule of Evidence 1008; Miscellaneous Rules: Rules Applicable – Minnesota Rule of Evidence 1101
– Zane Umsted

Social Media Evidence
Introduction; The Use of Social Media in Litigation and Methods for Obtaining It; The Rules of Evidence and Social Media; Conclusion
– Jevon C. Bindman, Peter K. Doely & Nathaniel J. Ajouri

Appellate Review of Circumstantial Evidence: Criminal and Civil
Introduction; Criminal Cases; Civil Cases; Conclusion
– Libby Stennes & Ronald J. Waclawski

Admission of Expert Testimony in Federal Court
Introduction; The Use of Expert Opinion in Federal Court; The Daubert Inquiry in Federal Court; Comparison of Federal Rules and Practice with Minnesota State Rules and Practice
– Christin Jaye Eaton & M. Joseph Winebrenner

Table of Authorities
Subject Index

HARD COPY:  $189
LINKEDLAW:  $125 for 1-year subscription

Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.

Other discounts that may apply:

Quantity discount:
Please email or call 800-759-8840 to inquire about bulk orders.

Take Your Deskbooks to the Next Level With LinkedLaw

Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw Deskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw Deskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book. 

And, with a LinkedLaw Deskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw Deskbook, becoming instantly available at no extra cost.

LinkedLaw Deskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!

View All Titles

View Sample

Purchasing LinkedLaw eDeskbook Subscriptions
LinkedLaw eDeskbooks are sold individually on an annual subscription basis and must be purchased online. The price of a LinkedLaw eDeskbook subscription includes all updates and new editions that are published during the subscription period. They are incorporated automatically and seamlessly into the LinkedLaw eDeskbook, becoming instantly available to the user at no extra cost. No action or additional purchase is required during the subscription period to keep the LinkedLaw eDeskbook up-to-date.

Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.

Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.

Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.

LinkedLaw Deskbooks can be accessed on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.

LinkedLaw Deskbooks also can be accessed on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.

The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw Deskbook.

Test your system by viewing this LinkedLaw Deskbook sample:

View Sample

I understand and agree to the following:

  1. The LinkedLaw Deskbook subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw Deskbook subscriptions bundled with a hard copy deskbook end when the next update is published.

  2. Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw Deskbook during your subscription period. Sections of the Deskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw Deskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.

  3. Disclaimer and Limitation of Liability:

    Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.

    The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.

    Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.

    Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.

  4. Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.

  5. This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.


What is the difference between the LinkedLaw Deskbook Library and the LinkedLaw Deskbook PREMIUM Library?

The LinkedLaw Deskbook PREMIUM Library contains one additional Deskbook, the best-selling Drafting Wills and Trust Agreements with eFormbook.


Do I need any special hardware or software to access LinkedLaw Deskbooks?

LinkedLaw Deskbooks can be used accessed with any Internet browser on any device. Some tools like copy/paste may not be available on mobile devices. Test your system by viewing the LinkedLaw Deskbook sample.


May I preview a LinkedLaw Deskbook before deciding to subscribe?

You are welcome to give the LinkedLaw Deskbook sample a test drive!


May I purchase a LinkedLaw Deskbook or LinkedLaw Library Subscription over the phone?

No, purchasing a subscription online is how you activate the link to access an individual LinkedLaw Deskbook or the LinkedLaw Deskbook Library.


Can I be invoiced for a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription?

No, subscriptions must be purchased and paid for online.


Is the length of my subscription rounded off to the nearest week or month?

No, your subscription will run one full year (or month, if a monthly subscription is chosen), to the day. You can see the expiration date of your subscription under My Account  > eResources & Publications.


Once I’ve purchased a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription, how do I access it?

Log into your account on the Minnesota CLE website and go to My Account > eResources & Publications.

If you've purchased an individual LinkedLaw Deskbook, click the VIEW button by the LinkedLaw Deskbook title in the "Active Online Publications" section.

If you've purchased a LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library subscription, click the ACCESS button in the "LinkedLaw Deskbook Library Subscription" section.


Will I always have access to the LinkedLaw Deskbooks?

You will have access to the LinkedLaw Deskbook as long as you have an active subscription to the individual LinkedLaw Deskbook or an active subscription to the LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library.


Do I need to purchase updates for my LinkedLaw Deskbook?

No, any update or new edition published during your subscription period is included at no extra charge and will be incorporated automatically and seamlessly into the LinkedLaw Deskbook.


Can I download the forms in a LinkedLaw Deskbook?

Yes, and we recommend that you download all of the forms in your LinkedLaw Deskbooks so you can use them without Internet access.


Why won't my eforms download when using Google Chrome? What should I do?

Google has started to block the download of certain types of content in its latest versions of Chrome. One option you have is to switch to a different browser. To continue using Chrome, you can try the following:

Copy and paste chrome://settings/content/insecureContent into your Chrome browser address bar. In the "Allow" section, click the Add button. An "Add a Site" pop-up box should appear. Enter in the box and click the Add button. You should now be able to open and download your eforms.