The End of Obscenity by Charles Rembar

Author:Charles Rembar
Language: eng
Format: epub
ISBN: 9781504015677
Publisher: Open Road Media

* The taking of an “exception” is a rite derived from ancient appeal procedures. The treatises tell us that at the present time it has two purposes: to make it clear “that the party unfavorably affected by the ruling is not satisfied” and to “preserve the precise terms of the ruling” for the appeal. The first purpose involves the assumption that lawyers are made happy by adverse rulings. The second assumes that what the judge has said somehow gains clarification if the lawyer says “Exception.” Some states, including New York, no longer require exceptions, though the habit lingers. Others permit them to be taken wholesale. A few, like Massachusetts, still clutter their records with repeated orisons of the magic word.

* There is a tendency to attribute finality to documents that can be called official. Many people have the impression that what the official court stenographer puts down is necessarily the record. It is, only if no one makes a successful objection. After the trial either side may suggest to the other that there are mistakes in the transcript. Usually the mistakes are corrected by agreement. The lawyers recall what was actually said, and their recollections generally jibe. If they differ, a motion may be made for the correction of the transcript, and the judge will decide whether the stenographer was accurate or, if he was not, what in fact was said.

* An interesting converse of Ring Lardner’s “He was a weak hitter but he couldn’t field.”

* Stopping with Bentley would have the collateral benefit of relieving Barbara Epstein of a task she expected would be disagreeable. (She was there all along though, and ready, and I would not have been considerate of her feelings if we needed another witness.) Harry Karl was also in court and would be more disappointed than relieved at not having to testify, but I had decided that one more literary witness, and only one more, would make the right number.

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