Legal Definitions - ponendo sigillum ad exceptionem

The Latin phrase ponendo sigillum ad exceptionem literally translates to "by placing a seal to an exception." In historical legal practice, it referred to the formal act of a judge affixing their seal to a "bill of exceptions."

A bill of exceptions was a written document prepared by a party in a lawsuit, detailing specific objections they made to a judge's rulings or instructions during a trial. By sealing this document, the judge officially acknowledged and authenticated that these objections were indeed raised and recorded. This formal authentication was crucial because it preserved the objections, allowing a higher court to review them if the case was appealed.

In modern legal systems, the physical act of "sealing" is no longer performed. However, the underlying principle remains vital. When a lawyer objects to a judge's decision during a trial, and the judge makes a ruling on that objection, the objection and the ruling are formally entered into the court record. This process ensures that the "exception" (the objection) is properly preserved for potential review by an appellate court. If the trial outcome is unfavorable, the party can then argue on appeal that the judge's ruling was an error that warrants overturning the verdict or ordering a new trial.

Here are some examples illustrating this concept:

• Excluding Evidence: During a criminal trial, the defense attorney objects when the prosecutor attempts to introduce a piece of evidence, arguing it was obtained illegally. The judge overrules the objection and allows the evidence. The defense attorney's objection, and the judge's ruling, are formally noted in the court transcript. This formal recording (the modern equivalent of "ponendo sigillum ad exceptionem") ensures that if the defendant is convicted, the defense can later argue to an appeals court that the judge's decision to admit the evidence was a legal error that prejudiced the trial.
• Jury Instructions: In a civil lawsuit, after all evidence has been presented, the judge provides instructions to the jury on the legal principles they must apply. One of the attorneys believes that a specific instruction misstates the law in a way that is detrimental to their client's case. The attorney formally objects to that particular instruction before the jury begins deliberations. By making this objection and having it recorded, the attorney preserves the "exception." If the jury rules against their client, the attorney can then present this objection to an appellate court, arguing that the faulty instruction led to an unfair verdict.
• Procedural Rulings: During a complex business dispute, the judge makes a ruling that limits the scope of cross-examination for a key witness, preventing a lawyer from asking certain questions they believe are crucial. The lawyer objects to this procedural ruling, arguing it unfairly restricts their ability to present their client's case. This objection is formally entered into the court record. If the trial results in an unfavorable outcome, the lawyer can then raise this "exception" on appeal, contending that the judge's limitation on questioning was an error that warrants a new trial.