Rule 46.Objecting to a Ruling or Order
Last amended December 1, 2007 · Last verified June 30, 2026
Full Text of Rule 46
Amendment History
(Amended March 2, 1987, effective August 1, 1987; April 30, 2007, effective December 1, 2007.)
Plain-English Summary
Old practice required a lawyer to formally “take exception” to a ruling to preserve it for appeal. Rule 46 sweeps that away. A party preserves a claim of error by doing something practical: when the court makes or is asked to make a ruling, the party states the action it wants the court to take, or objects to the court’s action, and gives its grounds.
Once a party has made its position and reasons known, it need not repeat them or note a formal exception. And if a party had no opportunity to object to a ruling when it was made, the lack of an objection does not prejudice that party. The rule keeps the focus on giving the trial court a fair chance to correct itself, not on ritual.
Frequently Asked Questions
Do you still need to take formal exceptions to preserve an issue for appeal?
No. Rule 46 abolishes formal exceptions; a party preserves error by stating the action it wants or its objection, and the grounds, when the court rules.
What if a party had no chance to object when the court ruled?
Rule 46 protects that party — the absence of an objection does not prejudice a party who had no opportunity to object when the ruling was made.