Exception, your Honor!

[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.

 

[Boxcarbill]

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.

 

[AmosMoses]

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.

 

[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.

 

[AmosMoses]

must have been that...I just can't recall

 

[Boxcarbill]

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"

 

[ibfree2b]

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.