Professional Documents
Culture Documents
DAKOTACOUNTYATT I)RNEY
冖
JAMESC.BACKSTROM
C()UNTYAWIT)RNEY
DakotaC )untyJudicialCenter
冖
560Highway55
一
Hastings,Minnesota55033,2392
ADDRESSSER VICEREQU ESTED
0OCEOR DEIRDRE
30 530THSTCTS
一
STCLOUD
630i
OFFICE OF DAKOTA COUNTY ATTORNEY
JAMES C. BACKSTROM
COUNTY ATTORNEY
30TH ET
ST CLOUD MN 56301
Enclosed herein and served upon you please find the State's Notice of Motion and Motions
in Limine in the above-captioned matter.
Sincerely,
Plaintiff,
NOTICE OF MOTION
AND MOTIONS IN
LIMINE
Deirdre Elise Evavold,
TO: THE ABOVE-NAMED DEFENDANT APPEARING PRO SE, 3015 30TH ST CT S, ST.
CLOUD, 56301.
PLEASE TAKE N()TICE that on the 26fll day of September, 2016, at 9:00 a.m., or as
soon thereafter as counsel may be heard, at the Dakota County Judicial Center, 1560 Highway
55, Hastings, Minnesota, before the Honorable Karen Asphaug, Judge of District Court, the State
Based upon all the files and records in this case, and upon the points and authorities cited
acts by any witness called by the State, without a prior, specific ruling allowing introduction of
the evidence.
2. For an order excluding evidence of the character of any witness called by the
regarding prior unrelated acts or introduce extrinsic evidence of any prior unrelated acts not part
of the present case when attempting to attack witnesses' character for truthfulness.
4. For an order prohibiting Defendant from impeaching David Rucki for his past
conviction of dog at large dated 06/09/2011. (See Dakota County Court File No. 19AV-VB-l
l4161). The crime was deemed a petty misdemeanor and is not admissible under Minn. R. Evid.
609(a)(1) because it is not a crime that was punishable by death or imprisonment in excess
of one year. Furthermore, the conviction is not admissible under Minn. R. Evid. 609(a)(2)
5. For an order prohibiting Defendant from impeaching David Rucki with a citation
issued to him on 06/20/2011 for allegedly violating an order for protection. The citation was
6. For an order prohibiting Defendant from impeaching David Rucki for his past
conviction of violation of an order for protection dated 11/07/2011. The crime is a misdemeanor
and is not admissible under Minn. R. Evid. 609(a)(1) because it is not a crime that was
punishable by death or imprisonment in excess of one year. Furthermore. the conviction is not
admissible under Minn. R. Evid. 609(a)(2) because it is not a crime involving dishonesty or false
7. For an order prohibiting Defendant from impeaching David Rucki with a citation
issued to him on 07/17/2011 for allegedly violating an order for protection. The citation was
ssued to him on 10/12/2011 for allegedly violating amorder for protection. Mr. Rucki was
acquitted of this offense. (See Dakota County Court File No. 19AV-CR-12-1215).
9. For an order prohibiting Defendant from Impeaching David Rucki for his past
conviction of failure to extinguish a fire dated 12/11/2012. (See Dakota County Court File No.
i 9AV-VB-] 2-20506). The crime was deemed a petty misdemeanor and is not admissible under
Minn. R. Evid. 609(a)(1) because it is not a crime that was punishable by death or imprisonment
In excess of one year. Furthermore, the conviction is not admissible under Minn. R. Evid.
10. For an order prohibiting Defendant from impeaching David Rucki with a citation
issued to him on 11/30/2012 for allegedly violating an order for protection. Mr. Rucki was
acquitted of this offense. (See Dakota County Court File No. 19AV-CR-12-24812).
11. For an order prohibiting Defendant from impeaching David Rucki for his past
conviction of disorderly conduct dated 12/02/2014. The crime is a misdemeanor and is not
admissible under Minn. R. Evid. 609(a)(1) because it is not a crime that was punishable by
death or imprisonment in excess of one year. Furthermore, the conviction is not admissible
under Minn. R. Evid. 609(a)(2) because it is not a crime involving dishonesty or false statement.
12. For an order prohibiting Defendant from introducing any evidence related to a
harassment restraining order petition filed by Sandra Grazzini-Rucki on her own behalf and
against David Rucki on August 1, 2013, contained in Scott County Court File No. 70-CV-
1315408, including any mention that the petition was filed and any of the underlying facts or
circumstances relied upon in support of the petition. An order denying the petition was filed or:
7
September 16, 2013.
13. For an order prohibiting Defendant from introducing any evidence related to an
order for protection petition filed by Sandra Grazzini-Rucki on her own behalf and against
David Rucki on July 2, 2012, contained in Dakota County Court File No. 19AV-FA-12-1818,
including any mention that the petition was filed and any of the underlying facts and
circumstances relied upon in support of the petition. An order dismissing the petition was filed
14. For an order prohibiting Defendant from introducing any evidence related to an order
for protection petition filed by Sandra Grazzini-Rucki on behalf of her minor children against
David Rucki on June 24, 2011, contained in Dakota County Court File No. 19AV-FA-111940,
including any mention that the petition was filed and any of the underlying facts and
circumstances relied upon in support of the petition. An order dismissing the petition was filed
15. For an order prohibiting Defendant from introducing any evidence related to an
order for protection petition filed by Sandra Grazzini-Rucki on her crvvn behalf and against
David Rucki on June 6, 2011, contained in Dakota County Court File No. 19AV-FA-11-1760,
including any mention that the petition was filed and an order was issued; and any of the
underlying facts and circumstances relied upon in support of the petition. The parties, through
their respective dissolution attorneys, agreed that this order for protection would be issued
without an admission to any of the allegations set forth in the petition and that no finding of
domestic assault was made. Judge Knutson dismissed the order for protection on January 27,
2012.
16. For an order prohibiting Defendant from introducing any evidence related to a
harassment restraining order obtained by Randy Martin against David Rucki filed on September
8, 2009, contained in Dakota County Coult File No. 19AV-CV-09-3394, including any mention
that the petition was filed and order entered; and any of the underlying facts and circumstances
relied upon in support of the petition. Randy Martin and David Rucki were neighbors at the time
of the entry of this harassment restraining order and the order expired effective September 8,
2011.
17. For an order prohibiting Defendant from introducing any evidence related to a
harassment restraining order petition filed by, Christopher Bye on behalf of himself and his wife
Christine Bye against David Rucki on August 21, 2008, contained in Dakota County Court File
No. 19AV-CV-08-2094, including any mention that the petition was filed and any of the
underlying facts and circumstances relied upon in support of the petition. An order dismissing
18. For an order prohibiting Defendant from introducing any specific acts of domestic
assault allegedly committed against Sandra Grazzini-Rucki by David Rucki and/or any other
assaults allegedly committed by David Rucki against any other person(s). David Rucki has never
been convicted for assaulting Sandra Grazzini-Rucki or any other person. Accordingly, the
19. For an order prohibiting Defendant from introducing any opinion or reputation
evidence concerning David Rucki based on any alleged assaultive behavior against Sandra
9
Minn. R. Evid. 404(a)(3). Rule 608(a) addresses the Rule 404(a)(3) exception and provides in
pertinent part:
Minn. R. Evid. 608(a). Even if true, testimony regarding the fact that a witness engaged in
assaultive behavior does not meet the requirements of Rule 608(a) because any such opinion or
reputation does not refer to the witness's character for truthfulness or untruthfulness.
(
6
5
1
)
4
3
8
-
4