NOTES TO RULE 46
HISTORY: (Amended Aug. 1, 1987)
Notes of Advisory Committee on Rules.
Abolition of formal exceptions is often provided by statute. See Ill Rev Stat (1937), ch 110, § 204; Neb Comp Stat (1929) § 20-1139; NM Stat Ann (Courtright, 1929) § 105-830; 2 ND Comp Laws Ann (1913) § 7653; Ohio Code Ann (Throckmorton, 1936) § 11560; 1 SD Comp Laws (1929) § 2542; Utah Rev Stat Ann (1933) §§ 104-39-2, 104-24-18; Va Rules of Court, Rule 22, 163 Va v xii (1935); Wis Stat (1935) § 270.39. Compare NYCPA (1937) §§ 445, 446, and 583, all as amended by L 1936, ch 915. Rule 51 deals with objections to the court's instructions to the jury.
USC, Title 28, former § 776 (Bill of exceptions; authentication; signing of by judge) and former § 875 (Review of findings in cases tried without a jury) are superseded insofar as they provide for formal exceptions, and a bill of exceptions.
Notes of Advisory Committee on 1987 Amendments to Rules.
The amendments are technical. No substantive change is intended.