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
Current through June 1, 2026 · Last verified July 10, 2026
In one sentenceRule 46 abolishes the old practice of taking a formal “exception” to preserve error, requiring only that a party state, at the time a ruling is made, what action it wants and the specific grounds — and excusing that requirement entirely when there was no chance to object.
Full Text of Rule 46
Amendment History
The source reproduced here (current through June 1, 2026) records no amendment to this rule since its original adoption — no Credits line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the Colorado General Assembly.
Plain-English Summary
Long before Colorado adopted modern civil procedure, a party who disagreed with a court’s ruling had to announce a formal “exception” on the record to keep the issue alive for appeal. Rule 46 does away with that ritual. All a party needs to do now is speak up when the ruling happens: tell the court what action it wants taken, or state the objection and the reason behind it. Nothing more is required, and no special word or phrase is necessary.
The rule also protects a party who never gets the chance to object in the first place. If a ruling or order is made or an instruction given without any opportunity for a party to weigh in beforehand, that party does not lose the right to challenge it later just because no objection appears in the record.
Frequently Asked Questions
Do I still need to take a formal “exception” to a judge’s ruling in Colorado?
No. Rule 46 eliminates the formal exception. You preserve the issue by telling the court, at the time of the ruling, what action you want or the objection you are making and your grounds for it.
What do I need to say to preserve an objection under Rule 46?
State the specific action you want the court to take, or your objection to what the court is doing, along with the grounds for it — and do so at the time the ruling or order is made or sought.
What if I never had a chance to object to a ruling?
Rule 46 excuses you. If a party had no opportunity to object when the ruling or order was made, the absence of an objection in the record does not later prejudice that party’s right to challenge it.
Does Rule 46 apply to objections to jury instructions?
Yes. The same make-your-position-known principle applies to jury instructions, though Rule 51 adds its own specific procedure for objecting to instructions before they go to the jury.
Source & verification. The rule text is reproduced verbatim from the
official Colorado Rules of Civil Procedure (Colo. R. Civ. P. 46). Prescribed by the Supreme Court of Colorado (C.R.S. § 13-2-108; Colo. Const. art. VI). The plain-English summary is original and written by us. Last verified July 10, 2026. ·
Official source
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