R.I. Super. Ct. R. Crim. P. 51
Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party's objection to the action of the court and the party's grounds therefor if requested.
R.I. Super. Ct. R. Crim. P. 51
1972 Notes
This rule is the same as Rule 46, R.I.Super.R.Civ.P., and is basically similar to its federal counterpart. The final sentence is not contained in the federal rule.
This rule alters Rhode Island practice in criminal cases by eliminating the requirement for taking formal exceptions in both jury and non-jury trials. See G.L. 1956 (1969 Reenactment), §§ 9-24-13 through 9-24-15. Upon adoption of these rules and the Rules of Appellate Procedure of the Supreme Court, appellate review in criminal cases will be by appeal rather than bill of exceptions, thus making it unnecessary to note formal exceptions to adverse rulings. This change will not alter the requirement that a party make known to the court the action he desires the court to take or his objection to action taken.
The final sentence will alter prior Rhode Island practice under which "a single exception to a ruling on a question does not provide a basis for review of an entire line of questioning which might follow." State v. Dettore, 104 R.I. 535, 540, 247 A.2d 87, 91 (1968). Under Rule 51, a party will be able to avail himself of a continuing objection if he apprises the trial court of his intention to do so and receives the court's approval. This conforms to the decision in State v. Ouimette, 108 R.I. 283, 274 A.2d 732, 735 (1971), ordering that the last sentence of Rule 46, Super.R.Civ.P., "shall be applicable in all criminal trials" for the purpose of permitting a single exception to apply to an entire line of questions.