A formal exception to a ruling or order is
unnecessary. When the ruling or order is requested or made, a party need only state the
action that it wants the court to take or objects to, along with the grounds for the request or
objection. Failing to object does not prejudice a party who had no opportunity to do so
when the ruling or order was made.
Rule 46.Objecting to a Ruling or Order
Enacted effective October 1, 2011 · Last verified June 26, 2026
In one sentenceRule 46 abolishes the need for formal exceptions — to preserve an issue, a party need only state, when the ruling is made, the action it wants or objects to and the grounds, and a party with no chance to object is not prejudiced.
Full Text of Rule 46
Plain-English Summary
Rule 46 modernizes how a party preserves an issue for appeal. The old practice of noting a formal “exception” to a ruling is unnecessary. Instead, when the court makes or is asked to make a ruling, a party need only state the action it wants the court to take, or that it objects to, along with the grounds. And a party who had no opportunity to object when the ruling was made is not prejudiced by the failure to do so.
Frequently Asked Questions
Do I need to formally 'except' to a ruling to preserve it for appeal?
No. Rule 46 abolishes formal exceptions. You need only state, at the time of the ruling, the action you want or object to and your grounds for it.
Source & verification. Reproduced verbatim from the Montana Code Annotated as
published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption.
Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. ·
Official text
Also known as: objectingexceptionspreserving errorobjection