Legal Definitions - bill of exceptions

A bill of exceptions is a formal written document used by a party in a legal trial to formally object to a judge's decision or a ruling regarding evidence. This document serves to create a clear record of the objection and the reasons behind it, which can then be reviewed by a higher court if the case is appealed.

Historically, the bill of exceptions was a common way to preserve legal errors made during a trial for appellate review. In modern civil litigation, this practice has largely been replaced by the more general process of filing a direct appeal, where all objections and errors are typically documented in the trial transcript and appellate briefs. However, the bill of exceptions still applies in some specific state court systems, particularly for certain types of procedural objections.

Here are some examples illustrating how a bill of exceptions might be used:

• Exclusion of Critical Evidence: Imagine a plaintiff in a product liability case attempting to introduce expert testimony about a design flaw in a manufactured item. The judge, however, rules that the expert's methodology is unreliable and decides to exclude their testimony from the trial. The plaintiff's attorney believes this ruling is a critical error that prevents them from fully proving their case.

  Illustration: The plaintiff's attorney would prepare a bill of exceptions to formally document their objection to the judge's decision to exclude the expert testimony. This document would detail the legal basis for why they believe the testimony should have been admitted, thereby preserving this specific issue for review by an appellate court if the case is appealed.

• Disputed Jury Instructions: Consider a medical malpractice trial where the judge provides specific instructions to the jury regarding the standard of care expected from doctors. The defense attorney believes these instructions misstate the applicable law in that particular state, making it unfairly difficult for their client to avoid liability.

  Illustration: The defense attorney would file a bill of exceptions to formally record their disagreement with the judge's jury instructions. This document would explain why they believe the instructions are legally incorrect and how they prejudice their client's case, allowing an appellate court to consider the instruction's legality if an appeal is filed.

• Limitation on Witness Cross-Examination: During a business dispute trial, a key witness for the plaintiff is being cross-examined by the defendant's attorney. The judge sustains an objection from the plaintiff's lawyer, preventing the defendant's attorney from asking a series of questions that the defendant believes are essential to expose inconsistencies in the witness's prior statements and challenge their credibility.

  Illustration: The defendant's attorney would use a bill of exceptions to formally document their objection to the judge's ruling that limited their cross-examination. This document would outline why those questions were crucial for challenging the witness's credibility and presenting their defense, ensuring the appellate court can consider whether the judge's limitation was an error if an appeal ensues.