Rule 1-046.Preserving questions for review

Last verified June 26, 2026

In one sentenceRule 1-046 abolishes formal exceptions and provides that making a timely objection or request known to the court is enough to preserve a question for review.

Full Text of Rule 1-046

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Formal exceptions to rulings or orders of the court are unnecessary. It is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and if a party has no opportunity to object to a ruling or order at the time it is made the absence of an objection does not thereafter prejudice him. It shall not be necessary to file a motion for a new trial in order to preserve for review errors called to the attention of the trial court under this rule. This rule applies to all causes, whether tried before a jury or to the court without a jury.

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Plain-English Summary

This rule simplifies how error is preserved. Formal exceptions to rulings are unnecessary; it is enough that a party, when the ruling is made or sought, makes known to the court the action it wants or its objection and the grounds. If a party had no chance to object when the ruling was made, the absence of an objection does not later count against it, and a party need not file a motion for a new trial to preserve errors already called to the court’s attention. The rule applies to both jury and non-jury cases.

Frequently Asked Questions

Do I need to take a formal exception to preserve an issue for appeal?

No. Formal exceptions are unnecessary; you preserve the issue by making your objection or requested action, and the grounds, known to the court at the time.

Must I file a motion for a new trial to preserve errors?

No. It is not necessary to file a motion for a new trial to preserve for review errors already called to the trial court’s attention under this rule.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-046 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: preserving errorexceptions unnecessaryobjectionpreservation for appeal