An exception is an objection upon a matter of law to a decision made, either before or after judgment, by a Court, tribunal, Judge, or other judicial officer, in an action or proceeding. The exception must be taken at the time the decision is made, except as provided in section six hundred and forty-seven.
§ 646.Definition
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 7. Provisions Relating to Trials in General · Article 1. Exceptions · Last amended 1875 · Last verified July 28, 2026
In one sentenceSection 646 defines an exception as an objection on a matter of law to a decision made, before or after judgment, by a court, tribunal, judge, or other judicial officer, and requires that objection be raised at the moment the decision is made unless § 647 excuses that timing.
Full Text of § 646
Plain-English Summary
An exception, in the vocabulary this chapter uses, is an objection to a ruling on a point of law, whether the judge, referee, or other officer makes that ruling before or after judgment.
The general rule is strict: the exception must be voiced right when the decision is made. Wait to complain later, and the objection is lost — unless § 647 already treats the point as excepted to without anyone saying a word.
This section matters mostly as scaffolding for what follows. Sections 657 and 663 build the new-trial and motion-to-vacate remedies on top of properly preserved objections, so understanding what counts as an exception — and when it has to be raised — sets up the rest of Chapter 7.
Frequently Asked Questions
What is an exception under California procedure?
An objection on a matter of law to a decision made, before or after judgment, by a court, tribunal, judge, or other judicial officer.
When must an exception be raised?
At the time the decision is made, except as § 647 provides.
What is § 647's role?
It lists rulings deemed excepted to automatically, without a formal objection at the time.
Amendment History
Amended by Code Amendments 1875-76, Ch. 517.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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