No exception shall be regarded, unless it is material and prejudicial to the substantial rights of the party excepting.
§ 636.Immaterial Exception
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 636 bars a court from considering, on review, any exception that isn't material and prejudicial to the substantial rights of the party who took it, Oklahoma's harmless-error filter for trial exceptions.
Full Text of § 636
Amendment History
R.L. 1910, § 5031.
Plain-English Summary
Not every objection deserves attention on review. Section 636 sets a threshold: an exception only counts if it's material and prejudicial to the substantial rights of the party excepting. A technical misstep that caused no harm goes nowhere.
This is Oklahoma's harmless-error filter for exceptions, keeping courts from granting relief over an error that made no real difference to the outcome.
Frequently Asked Questions
Does every objection or exception get considered on appeal?
No, Section 636 says an exception is disregarded unless it's material and prejudicial to the substantial rights of the party who took it.
What does “material and prejudicial” mean here?
The text doesn't define the phrase further; it requires that the exception affect the substantial rights of the excepting party, not just reflect a technical misstep.
Why does Oklahoma have a rule like this?
It keeps courts from granting relief over an error that caused the objecting party no harm.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma harmless error exception12 O.S. § 636immaterial exception rulematerial and prejudicial exception Oklahoma