Rule 46.Exceptions unnecessary

Ch. VI: Trials · Current through June 1, 2026 · Last verified September 9, 2026

In one sentenceRule 46 abolishes formal exceptions: making your position known when the ruling is made is enough to preserve it.

Full Text of Rule 46

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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 the party desires the Court to take or objection to the action of the Court and 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 the party.

End

Plain-English Summary

Formal exceptions to rulings or orders are unnecessary. For every purpose for which an exception was formerly required, it is sufficient that a party, at the time the ruling is made or sought, makes known the action they wish the court to take, or their objection and its grounds.

What the rule abolishes is a ritual, not a requirement. You still have to say something, and you still have to say it then — what you no longer have to do is add the word 'exception' afterwards to keep the point alive.

The practical reading is the second half: state the objection AND its grounds. An objection without a stated ground preserves very little, because an appellate court cannot review a reason nobody gave.

Frequently Asked Questions

Do I need to take an exception to a ruling in Delaware?

No. Formal exceptions are unnecessary. It is sufficient that at the time of the ruling you make known the action you wish the court to take, or your objection and the grounds for it.

What do I have to do to preserve an objection?

Make it known at the time the ruling is made or sought, and state the grounds.

Source & verification. The rule text and amendment history are reproduced verbatim from the Delaware Family Court Rules of Civil Procedure (Fam. Ct. Civ. R. 46), and every rule has been checked word for word against the Delaware Family Court’s own published edition of these rules. Current through June 1, 2026. The plain-English summary is original and written by us. Last verified September 9, 2026. · Official source

Also known as: exceptions unnecessary Delawarepreserving objection DelawareFam. Ct. Civ. R. 46