Courts -- United States; Trial practice -- United States
Throughout the trial the client and the jury are waiting for these
objections and exceptions. The nature of an exception is a notice
served on the judge that his rulings are wrong. The theory is that if
he wants to change them he had better do so before the case goes to
appeal. It is a covert threat to the judge. There is a principle in
some courts that no ruling that is not excepted to can be considered
on appeal; consequently a lawyer is careful to preserve his rights by
exceptions.
A young lawyer once had this principle so firmly fixed in his mind
that when he went to court he began taking exceptions to everything,
even rulings in his favor. He would make an objection; the judge
would sustain it. "I except," said the lawyer. He would make a
motion; the judge would grant it. "I except," said the young lawyer.
The other side would make an objection; the judge would rule against
them and in favor of the lawyer, "I except," said the lawyer. Finally
the situation grew so strained that the judge called the young man to
the bench and spoke to him confidentially. His explanation was: "This
is my first case and the head of my firm told me to be sure and take
exceptions to all rulings."
Some lawyers are so in the habit of excepting, it sounds as though
they were hiccoughing. "Overruled"; "I except"; "Allowed"; "I except";
"Denied"; "I except"; "Granted"; "I except." It becomes a custom as
constant as the refrain in a comic opera.
Theoretically it may have a sound basis under the law, but so little
practical value has it that it seems ludicrous. The lawyers and the
judges consider it a matter of course. If the judge after all the
argument finally decides to let the testimony as to the red cow stand,
he will not be inclined to change his mind because the lawyer
interjects that threatening exception. The sound of the word is
spiteful and seems to express the resentment of the lawyer at the
ruling of the judge.
No example could be found in the thousand volumes of law reports where
the judge changes his mind on account of an exception. The object in
this particular direction is vain.
With regard to appeal; the Appellate Court that attempts to decide a
case on the exceptions taken at the trial would have a difficult time.
They would have to disentangle the mesh of evidence and find out
whether that important piece of testimony on page 204 was excepted to
or not, then whether there was a proper ruling; refer to the
stenographer's minutes and look at the important exception on page 59
and again on page 106. Unless the question decided was excepted to,
the Appellate Court can not decide it. It is hard to imagine that any
court could be so rigorous and narrow-minded that they could hang
justice on such little pegs of exceptions, which the stenographer in
the hurry of the moment may have forgotten to insert.
Public-domain text, read in full here on John Shaqi.
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