PRESERVING CLAIMED ERROR
(a) Preserving a Claim of Error. A party may preserve a claim of error by informing the court--when the court ruling or order is made or sought--of the action the party wishes the court to take, or the party's objection to the court's action and the grounds for that objection. If a party does not have an opportunity to object to a ruling or order, the absence of an objection does not later prejudice that party. A ruling or order that admits or excludes evidence is governed by N.D.R.Ev. 103.
(b) Exceptions Unnecessary. Exceptions to rulings or orders of the court are unnecessary.
Rule 51 was amended, effective March 1, 2006.
Rule 51 provides that exceptions to rulings or orders of the court are
essence, the only requirement necessary to Subdivision (a) was added to Rule 51,
March 1, 2006. The subdivision is based on Fed.R.Crim.P. 51(b) and reflects longstanding
North Dakota practice. To preserve a point on appeal, a party must make is
the an objection,
based on proper grounds, to the evidence or other matters put before the court for
consideration. This rule differs from Fed.R.Crim.P. 51, and N.D.R.Civ.P. 46., both of
require the party to make known to the court, at the time, An appropriate objection
court know the action he the party desires it
the court to take or his the party's objection to
the court's action and the grounds therefor for the objection. The purpose of
making the an
objection to the a ruling known is to enable the court to correct its error, if any,
or to enable
the opposing party to correct an alleged defect. [See 8A Moore's Federal Practice,
51.02 (Cipes, 2d Ed. 1972).]
Subdivision (b) makes clear that exceptions to rulings of the court are not necessary. Under former practice in North Dakota, when a party's objection was overruled the party was required to make an exception to preserve the point on appeal.
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, page 10;
20-23, 1972, pages 11-12; November 18-20, 1971, pages 24-26;
51 , page 388; Wright, Federal Practice and Procedure: Criminal, § 841-843
Moore's Federal Practice, Chapter 51 (Cipes 2d Ed. 1971); Barron, Federal Practice and
Procedure: Criminal, § 2561-2562 (1951).
SUPERSEDED: N.D.C.C. §§ 28-18-01, 29-21-32, 29-21-33, 29-23-05, 29-23-06.
CROSS REFERENCE: N.D.R.Crim.P. 30 (Jury Instructions)
requires the taking of objection or exception.]; N.D.R.Ev. 103 (Rulings on