Formal exceptions to rulings of the court are unnecessary. At the time a ruling or order of the court is requested or made a party shall make known the action which he requests the court to take or, if he has not already indicated it, his objection to the action of the court. Failure to so make known objections, as prescribed in this section or in section 4110-b, may restrict review upon appeal in accordance with paragraphs three and four of subdivision (a) of section 5501.
§ 4017.Objections
Article 40. Trial Generally · Last amended 1973 · Last verified July 21, 2026
In one sentenceCPLR 4017 does away with formal exceptions to a court's rulings and instead requires a party, at the time a ruling is sought or made, to state what it wants the court to do or its objection, warning that skipping this step can limit what an appeals court will review.
Full Text of CPLR 4017
Plain-English Summary
CPLR 4017 removes the old, separate step of taking a formal exception to a court's ruling. In its place, the rule requires a party, at the moment a ruling or order is requested or made, to state what action it is asking the court to take, or, if that has not already been made clear, to state its objection to what the court has done.
Skipping that step carries a cost. Failing to make an objection known, whether under this section or under section 4110-b for objections to a jury charge, can narrow what an appellate court will review under CPLR 5501(a)(3) and (4).
The rule modernizes the old exception practice by putting the burden on counsel to speak up in the moment, rather than relying on a separate formal step taken after the fact.
Frequently Asked Questions
Do I still need to take a formal exception to preserve an objection in New York?
No. CPLR 4017 makes formal exceptions unnecessary and instead requires a party to state its requested action or objection at the time the ruling is sought or made.
What must a lawyer do to preserve an objection under CPLR 4017?
The lawyer must make known, at the time the ruling or order is requested or made, the action requested of the court or the objection to what the court did.
What happens on appeal if an objection wasn't made at trial in New York?
CPLR 4017 warns that failing to make an objection known can restrict review upon appeal under CPLR 5501(a)(3) and (4).
How does CPLR 4017 relate to objecting to jury instructions?
CPLR 4017 cross-references section 4110-b, which governs objections to the jury charge, applying the same requirement to make objections known at the time.
When must an objection be made during a New York trial?
At the time the ruling or order is requested or made, rather than through a separate, later exception.
Advisory Committee Notes
This section is based on part of Federal rule 46. The last phrase of the Federal rule is covered in CPLR § 5501(a)(3) and (4). Under former law, exceptions to rulings were “deemed made” under CPA § 445, while exceptions concerning charges given to the jury were required by § 446. This section sets forth the underlying theory—that a party’s grievance be made known; there is no difference between an “exception,” an “objection” and a refusal of a party’s request for a ruling in this respect. Objections to a refusal or failure to charge are required by this section, since a mere request to charge may not represent a grievance against a different charge given and the court must be given an opportunity to correct a defective charge. This was the reason for the difference between former §§ 445 and 446 and accords with their provisions. The provision relating to objection to charge to jury requires such objection to be taken before the jury retires, rather than before it reaches a verdict, since the court at such earlier time will have an opportunity to correct the change and possibly avoid reversible error. The last sentence of the section alerts attorneys to the consequences of failure to make objections known with regard to review on appeal.
Amendment History
Add, L 1962, ch 308; amd, L 1973, ch 233, eff Sept 1, 1973.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: preserving objections for appeal New Yorkformal exceptions abolished New York trialhow to object at trial New Yorkappellate review of objections New Yorkobjecting to jury instructions CPLRmaking objections known at trial NY