                                 CODE OF VIRGINIA

FORMAL EXCEPTIONS TO RULINGS OR ORDERS OF COURT UNNECESSARY; MOTION FOR NEW
TRIAL UNNECESSARY IN CERTAIN CASES (§ 8.01-384)

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, it shall
be 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 he desires the court to
take or his objections to the action of the court and his grounds therefor; and,
if a party has no opportunity to object to a ruling or order at the time it is
made, the absence of an objection shall not thereafter 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 be required to (i) make such objection or motion again
in order to preserve his right to appeal, challenge, or move for reconsideration
of, a ruling, order, or action of the court or (ii) move for reconsideration in
order to preserve his right to appeal a ruling, order, or action of the court,
even if such ruling, order, or action is without prejudice to a motion to
reconsider. No party shall be deemed to have agreed to, or acquiesced in, any
written order of a trial court so as to forfeit his right to contest such order
on appeal except by express written agreement in his endorsement of the order.
Arguments made at trial via written pleading, memorandum, recital of objections
in a final order, oral argument reduced to transcript, or agreed written
statements of facts shall, unless expressly withdrawn or waived, be deemed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 an appeal,
writ of error, or supersedeas lies to or from a higher court shall not be deemed
a waiver of any objection made during the trial if such objection be properly
made a part of the record.

HISTORY: Code 1950, §§ 8-225, 8-225.1; 1970, c. 558; 1977, c. 617; 1992, c.
564; 2024, c. 57.