Rule 46.Objecting to a Ruling or Order
Group VI: Trials · Last amended 2017 · Last verified July 14, 2026
Full Text of Rule 46
Comments
Rule 46 has been amended consistent with the 2007 stylistic changes to Federal Rule of Civil Procedure 46.
Identical to Federal Rule of Civil Procedure 46.
Plain-English Summary
Rule 46 clears away an old formality that once tripped up litigants for no good reason. A party no longer needs to take a separate, formal “exception” to preserve disagreement with a court's ruling or order. All that is required is stating, at the time the ruling or order is requested or made, what action the party wants the court to take, or what it objects to, along with the reasons behind that request or objection.
That single sentence does real work later in the case. Whether an issue was properly preserved for further review often turns on whether a party said enough, at the right moment, to put the court on notice of the specific action requested and why. Rule 46 sets the floor for what counts as enough — a clear statement of the request or objection and its grounds — without demanding any particular script or magic words.
The rule also builds in fairness for situations where a party never got the chance to speak up. If a ruling or order was made without giving a party any opportunity to object — for instance, because it happened outside that party's presence or before the party could reasonably respond — failing to object at that moment does not prejudice the party later. The rule does not penalize silence when there was no real opportunity to break it.
Frequently Asked Questions
Do I still need to take a formal exception to a judge's ruling to preserve my objection?
No. Rule 46 does away with the formal exception. A party need only state the action it wants the court to take, or its objection, along with the grounds, when the ruling or order is requested or made.
What exactly do I need to say to preserve an objection under Rule 46?
You need to state the specific action you want the court to take or the specific objection you are raising, together with your grounds for that request or objection. The rule does not require any particular wording, just a clear statement of both.
When do I need to make my objection under Rule 46?
At the time the ruling or order is requested or made — that is the moment the rule ties the statement of your position to.
What if I didn't have a chance to object when the ruling was made?
Rule 46 protects you in that situation: failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.
Does Rule 46 apply to rulings made during trial as well as pretrial orders?
The rule speaks broadly to any ruling or order, without limiting itself to a particular stage of the case, so it applies whenever a party needs to state a request, objection, or its grounds to preserve a position.