Chapter 46 Exceptions Unnecessary

LibrarySouth Carolina Civil Procedure (SCBar) (2020 Ed.)
Chapter 46 Exceptions Unnecessary
Rule 461

Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time for the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and the grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereby prejudice him.

Note:
This Rule 46 is the same as the Federal Rule and presents no change in State practice. It does not apply, of course, to formal "exceptions" from the reports of masters as provided by Rule 53 or "exceptions on appeal" under Supreme Court Rules.
Editor's Note: Effective September 1, 1990, the Supreme Court Rules were repealed by the South Carolina Appellate Court Rules.

An exception is a statement that the party does not agree with the ruling of the court, typically made by noting an "exception" to the order or ruling of the court on the record.2 Rule 46 abolishes the use of the formal exception. A party still must object timely to the court's action or proposed ruling and state the basis for the objection. Without a detailed objection in the trial court, the matter is not reviewable on appeal.3

South Carolina does not recognize the plain error doctrine.4 There are few exceptions. Occasionally, a particularly egregious error may be heard by the appellate court without an objection.5 Moreover, a defect in subject matter jurisdiction may be raised at any time.6 Also, where an issue affects the rights of minors an appellate court may reach the issue ex mero motu.7

Objections must be made when the evidence is offered, so a ruling on a motion in limine does not preserve the issue for appeal.8 Likewise, objections to the argument of counsel or the comments of the court are made immediately.9 Objections to instructions are made before the jury retires to deliberate.10 Evidence already admitted, but subsequently shown to be inadmissible, is challenged by a motion to strike.11

The objection must include a particular ground. General objections, such as "highly prejudicial" or "we object," are insufficient.12 Only the grounds articulated at the time the objection was made are preserved. Those grounds need not be repeated for the same class of evidence if the objection is overruled.13 A party whose objection is sustained must object every time the same type of evidence is offered.14 Under Rule 43(i), arguments on the admissibility of evidence must be requested by the trial court.

Finally, the court must rule...

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