2006 Code of Virginia § 8.01-384 - Formal exceptions to rulings or orders of court unnecessary; motion for new trial unnecessary in ce...

8.01-384. Formal exceptions to rulings or orders of court unnecessary;motion for new trial unnecessary in certain cases.

A. Formal exceptions to rulings or orders of the court shall be unnecessary;but for all purposes for which an exception has heretofore been necessary, itshall be sufficient that a party, at the time the ruling or order of thecourt is made or sought, makes known to the court the action which he desiresthe court to take or his objections to the action of the court and hisgrounds therefor; and, if a party has no opportunity to object to a ruling ororder at the time it is made, the absence of an objection shall notthereafter prejudice him on motion for a new trial or on appeal. No party,after having made an objection or motion known to the court, shall berequired to make such objection or motion again in order to preserve hisright to appeal, challenge, or move for reconsideration of, a ruling, order,or action of the court. No party shall be deemed to have agreed to, oracquiesced in, any written order of a trial court so as to forfeit his rightto contest such order on appeal except by express written agreement in hisendorsement of the order. Arguments made at trial via written pleading,memorandum, recital of objections in a final order, oral argument reduced totranscript, or agreed written statements of facts shall, unless expresslywithdrawn or waived, be deemed preserved therein for assertion on appeal.

B. The failure to make a motion for a new trial in any case in which anappeal, writ of error, or supersedeas lies to or from a higher court shallnot be deemed a waiver of any objection made during the trial if suchobjection be properly made a part of the record.

(Code 1950, 8-225, 8-225.1; 1970, c. 558; 1977, c. 617; 1992, c. 564.)