9.26 - A. Exception Vs. Objection

• Jurisdiction: New York

A. Exception vs. Objection

An exception is “[a] formal objection to a court’s ruling by a party who wants to preserve the objection for appeal. . . . In federal courts and most state courts, the term exception has been superseded by objection.”²¹³⁷

The concept of formal exceptions, a relic of the Civil Practice Act, is not addressed in the CPLR.²¹³⁸ Although the exception is extinct in New York practice, counsel’s use of an exception is not prohibited. A trial court that excessively limits counsel’s use...