Rule 46.Objecting to a ruling or order.
Last verified July 1, 2026
Full Text of Rule 46
Amendment History
Promulgated by R-16-0010, effective January 1, 2017.
Plain-English Summary
Older practice required a party to state a formal “exception” to a ruling to preserve it for appeal — a separate, almost ceremonial step on top of the objection itself. Rule 46 does away with that requirement. When a court makes or is asked to make a ruling, a party only needs to say what action it wants the court to take, or what it objects to, and why. That statement alone protects the party's right to raise the issue later.
The rule also protects parties who never had a fair chance to speak up. If a party had no opportunity to object when the ruling was made — because, for example, the court ruled without warning or outside the party's presence — the failure to object does not count against that party. This is a general rule; some situations, like objecting to jury instructions, have their own more specific timing requirements.
Frequently Asked Questions
Do I have to say "I except to that ruling" to preserve my objection?
No. Arizona no longer requires a formal exception. Stating the action you want and your grounds for it is enough.
What happens if I never had a chance to object?
You are not penalized for staying silent when you had no real opportunity to speak up at the time of the ruling.
Does Rule 46 cover objections to jury instructions?
Jury instructions have their own timing rule. See Rule 51, which requires objections before the instructions and closing arguments are given.