Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary, 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.
Rule 46.Exceptions Unnecessary
Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 46 does away with the old ceremony of formally "excepting" to a court ruling -- a party preserves an issue by telling the court, at the time of the ruling, what it wants done or why it objects.
Full Text of Rule 46
Reporter's Notes
Reporter’s Notes to Rule 46: 1. Rule 46 is identical to FRCP 46 and to superseded Ark. Stat. Ann. § 27-1762 (Repl. 1962). This rule makes no changes in Arkansas practice and procedure.
Plain-English Summary
Older procedure required lawyers to announce a formal "exception" every time a judge ruled against them, a ritual with roots in common-law pleading that added words without adding substance. Rule 46 clears that ritual away. What matters now is content, not incantation: at the moment the court makes or is asked to make a ruling, the party has to make its position known -- either what action it wants the court to take, or why it objects to what the court is doing -- and the reasons behind that position.
The rule protects parties from a trap as much as it simplifies procedure. Some rulings happen fast, without warning, and a party may have no real chance to object before the moment passes. Rule 46 says that silence in that situation does not cost the party anything later; the absence of a contemporaneous objection cannot be held against someone who never had an opening to raise one.
Two things Rule 46 does not do are worth flagging. It does not eliminate the need to object at all -- a party still has to alert the trial court to the problem and its grounds, just without the old formal language. And it does not override rules that impose stricter preservation requirements for particular situations, most notably Rule 51's specific rules on objecting to jury instructions, which demand more precision than a general objection.
Frequently Asked Questions
Do I still need to object to a ruling to preserve it for appeal?
Yes. Rule 46 removes the formal word "exception," not the underlying requirement to tell the trial court what you want or why you disagree, along with your reasons, at the time the ruling happens.
What language do I need to use to preserve an issue under Rule 46?
No magic words. You need to state the specific action you want the court to take, or your objection to what it did, and the grounds for that position, clearly enough that the trial judge understands what is being asked and why.
What if the judge rules on something before I have a chance to object?
Rule 46 protects you in that situation. If you had no opportunity to object when the ruling was made, your later silence does not prejudice your position -- you have not waived the issue just because you could not object in the moment.
Does Rule 46 apply to objections to jury instructions?
Is an "exception" the same thing as an "objection" under current Arkansas practice?
Functionally, yes. Rule 46 folds the old formal exception into the ordinary objection -- stating your position and grounds when the court rules is now sufficient for every purpose that once required a separate exception.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: preserving error arkansasobjecting to a ruling arkansasformal exceptions abolishedcontemporaneous objection rule arkansastrial objection procedure