Also known as: carve-out · carveout · carves out · carved out · carving out · exception · exclusion
Written by attorneys · grounded in primary & secondary sources — see below
A provision that creates an explicit exception to a general rule or requirement. The exception reserves specific funds, assets, or outcomes from the operation of the broader mandate when stated conditions are satisfied.
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The prosecutor moves to exclude the victim from the sentencing hearing. Defense counsel argues that the court should carve out an exception under the rule because clear and convincing evidence shows the victim's testimony would change if she heard other witnesses. The judge reviews alternatives and places findings on the record before granting limited exclusion.
The proponent offers a prior statement after the declarant fails to appear despite subpoenas. The court carves out an exception to the hearsay rule because the proponent could not procure attendance by reasonable means and the statement fits a qualifying exception. The testimony is admitted over objection.
A creditor sues on an oral promise to answer for another's debt. The promisor invokes the statute of frauds. The court refuses to carve out an exception because no written memorandum exists and no recognized exception applies, so the claim is dismissed.
A landowner seeks to enforce an access right across neighboring property based on an oral agreement. The servient owner moves to dismiss. The court declines to carve out an exception to the statute of frauds because no writing exists and no estoppel or reliance exception is proven, rendering the burden unenforceable.
Police obtain a confession after an illegal arrest. The prosecutor argues the later voluntary statement should be admitted. The court refuses to carve out an exception to the fruit-of-the-poisonous-tree doctrine because temporal proximity and lack of intervening circumstances leave the taint intact.
A nonparty moves to quash a subpoena seeking privileged documents. The requesting party contends no exception applies. The court carves out protection under the rule because the subpoena would require disclosure of protected matter without waiver, and quashes the subpoena.
A carve out reserves a portion of postpetition financing or assets to pay debtor and committee professionals even if the lender's liens would otherwise exhaust all value. The provision is negotiated into the financing order and protects administrative expenses from being entirely subordinated.
No. A carve out exists only when the exception is expressly stated and limits the reach of the primary rule under defined conditions. Implicit or judicially created limitations do not constitute carve outs under the term's ordinary usage.