+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    AmosMoses is offline Member
    Join Date
    Nov 2002
    Location
    Deeeeeep South
    Posts
    638

    Exception, your Honor!

    What is the name of your state? Louisiana

    What is meant when an attorney says "Objection" at trial time, is overruled, and he/she then says either "Objection" again, or something like "I strongly Object....", and then finally says "I take Exception..."? I have seen written Exceptions and basically understand what they are, but what exactly is the difference, if any, between (1) an Objection and (2) a "strong" Objection, or an Exception? When an attorney says that he "takes Exception" to a point of law or process, must he later file a written Exception, and await a hearing and/or a ruling? Can the judge simply rule on the oral Exception then? I apologize for any confusion in this matter due to my lack of ability to explain what I am attempting to ask better than this. Thanks very much for your help in this matter.
  2. #2
    Boxcarbill Guest

    Re: Exception, your Honor!

    Originally posted by AmosMoses
    What is the name of your state? Louisiana

    What is meant when an attorney says "Objection" at trial time, is overruled, and he/she then says either "Objection" again, or something like "I strongly Object....", and then finally says "I take Exception..."? I have seen written Exceptions and basically understand what they are, but what exactly is the difference, if any, between (1) an Objection and (2) a "strong" Objection, or an Exception? When an attorney says that he "takes Exception" to a point of law or process, must he later file a written Exception, and await a hearing and/or a ruling? Can the judge simply rule on the oral Exception then? I apologize for any confusion in this matter due to my lack of ability to explain what I am attempting to ask better than this. Thanks very much for your help in this matter.
    It, (I strongly object) means that the attorney is putting on a dog and pony show for his client and/or the jury. Or the person is a "B" grade actor playing an attorney for a motion picture or television drama. An objection ordinarily must state the grounds for the objection unless the basis for the objection is obvious. But there may be several different grounds for objection as the witness keeps testifying. Just because the objection is overruled on one ground does not mean that another objection on different grounds will not be upheld. If the attorney is making an objection and then stating " exception" or "note my exception" to the objection being overruled, it means that the attorney is a very old timer who began practicing law when an "exception" had to be made to an "overruled" objection to preserve the matter for appeal.
  3. #3
    AmosMoses is offline Member
    Join Date
    Nov 2002
    Location
    Deeeeeep South
    Posts
    638
    Thanks a bunch. I no doubt saw that on TV, but it did stick in my mind. I've only heard that once or twice, and wondered what the difference was, figuring if it somehow carried more weight it would surely be used much more.
  4. #4
    ProCee Guest
    Paul Newman in the movie where he is a drunk and prosecuting a malpractice case against a Catholic hospital.

    I forget the name of the movie but the Court room play was excellent if not realistic.
  5. #5
    AmosMoses is offline Member
    Join Date
    Nov 2002
    Location
    Deeeeeep South
    Posts
    638
    must have been that...I just can't recall
  6. #6
    Boxcarbill Guest
    Originally posted by ProCee
    Paul Newman in the movie where he is a drunk and prosecuting a malpractice case against a Catholic hospital.

    I forget the name of the movie but the Court room play was excellent if not realistic.
    "The Verdict"
  7. #7
    ibfree2b Guest

    exception your honor

    Unless you actually go through a trial you have no idea that unless the attorney makes an objection to a certain issue or point at trial you cannot appeal that issue. I learned the hard way. Had a joke of an attorney who never objected to anything so had little to appeal on even though the issues would have reversed the opinion of the judge. Never take objections as a joke.

Similar Threads

  1. Delay and Exception
    By Vrijheid in forum Military Law
    Replies: 0
    Last Post: 04-17-2006, 07:23 PM
  2. 36 month exception
    By artvandelay in forum Elder Law, Powers of Attorney, Living Wills (Advance Health Care Directives)
    Replies: 1
    Last Post: 06-16-2005, 07:09 PM
  3. exception to laws in nh
    By helpmominnh in forum Other Personal Injury and Wrongful Death
    Replies: 0
    Last Post: 02-26-2005, 12:58 PM
  4. Exception in Getting a License Under 18
    By CollDude in forum Auto Accidents and Vehicle Claims
    Replies: 16
    Last Post: 11-05-2003, 12:02 PM
  5. firearm exception
    By rsfiler58 in forum Other Crimes Federal and State
    Replies: 0
    Last Post: 08-28-2002, 12:08 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.