Posted: February 26, 2009
Contest court grants Franken's motion in limine
The Coleman v. Franken contest court today granted Franken’s motion in limine to exclude evidence sought by the Coleman team from local officials as to the circumstances of certain absentee voters’ registrations and ballots. The Coleman team argued that this kind of record must be given to them under the Minnesota Government Data Practices Act and should be admissible as a government record under Minnesota's Rules of Evidence. The court concluded, “While the MGDPA requires a government official to provide access to existing public data, nothing in the language of the Act compels an official to create data, to undertake an investigation, or to summarize the official’s conclusions or opinions in writing for use in litigation.” The court also found that replies to Coleman's request would be inadmissible hearsay.