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- Chapter 6 Objections and Offers of Proof: FRE 103
§ 6.14 Common Law "Exceptions" to Evidence
Jurisdiction | North Carolina |
At common law, objecting to evidence was not sufficient to preserve an issue for appeal. In addition, the party had to "except" after the judge made her ruling.108 This practice existed when verbatim transcripts were not used and when counsel was required to prepare a bill of exceptions for appeal. By omitting any reference to the common law requirement of "excepting" to the trial court's ruling, Rule 103 abolishes this requirement.109
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Notes:
[108] See Morgan, Basic Problems of Evidence 54-55 (1962) ("At common law a ruling on evidence is not subject to review on writ of error unless an exception is noted and included in a bill of exceptions.").
[109] See also Fed. R. Crim. P. 51(a) ("Exceptions to rulings or orders of the court are unnecessary.") Fed. R. Civ. P. 46 ("A formal...
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- Chapter 6 Objections and Offers of Proof: FRE 103
- § 6.01 Introduction
- § 6.02 Objections: Rule 103(a)(1)
- § 6.03 Offers of Proof: Rule 103(a)(2)
- § 6.04 Motions in Limine
- § 6.05 Required Testimony: Luce v. United States
- § 6.06 "Drawing the Sting": Ohler v. United States
- § 6.07 Invited Error Rule
- § 6.08 Fighting "Fire with Fire"
- § 6.09 Record of Offer and Ruling: FRE 103(c)
- § 6.10 Hearings Out of the Jury's Presence: FRE 103(d)
- § 6.11 Plain Error Rule: FRE 103(e)
- § 6.12 Harmless Error
- § 6.13 Appellate Review of Admissibility Decisions
- § 6.14 Common Law "Exceptions" to Evidence
- § 6.15 Key Points
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