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 the party’s objection to the action of the Court and the party’s 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.
Rule 46.Exceptions unnecessary
Part VI: Trials · Last amended January 1, 1991 · Last verified July 28, 2026
In one sentenceRule 46 does away with formal exceptions to a court ruling; a party preserves an objection by telling the Court, at the time the ruling is made or sought, what action it wants and why, and loses nothing if there was no chance to object when the ruling happened.
Full Text of Rule 46
Amendment History
Amended, effective Jan. 1, 1991.
Plain-English Summary
Rule 46 removes an old procedural formality. A party no longer needs a formal exception to preserve an objection to a court ruling or order for later review. What matters instead is that the party made known to the Court, at the time the ruling or order was made or sought, the action it wanted the Court to take, or its objection to what the Court did, along with the grounds behind that request or objection.
The rule also protects a party who never got the chance to object in the moment. If there was no opportunity to raise an objection when the ruling or order was made, the absence of a contemporaneous objection doesn't prejudice that party afterward.
Frequently Asked Questions
Do I still need to take a formal exception to a judge's ruling to preserve it for appeal?
No. Rule 46 eliminates the formal exception. Making known to the Court the action you want, or your objection and its grounds, at the time of the ruling is enough.
What exactly do I need to say to preserve an objection under Rule 46?
State the action you want the Court to take, or your objection to what it did, and the grounds for that position, at the time the ruling or order is made or sought.
What if the Court rules on something without giving me a chance to object?
Rule 46 protects you: if you had no opportunity to object when the ruling was made, the lack of a contemporaneous objection doesn't hurt you later.
Does Rule 46 apply to rulings made during trial as well as pretrial rulings?
The rule speaks generally to rulings or orders of the Court, without limiting itself to a particular stage of the case.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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