RULE 51. EXCEPTIONS UNNECESSARY
Exceptions to rulings or orders of the court are unnecessary.
Rule 51 was amended, effective _____________________.
Rule 51 provides that exceptions to rulings or orders of the court are unnecessary. In essence, the only requirement necessary to preserve a point on appeal is the 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 which require the
party to make known to the court, at the time, 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).]
SOURCES: Joint Procedure Committee Minutes of April 28-29, 2005, page
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SUPERSEDED: N.D.C.C. §§ 28-18-01, 29-21-32, 29-21-33, 29-23-05, 29-23-06.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 (Instructions)
. [Note: N.D.R.Crim.P. 30,
the taking of objection or exception.]; N.D.R.Ev. 103 (Rulings on Evidence).