(a) Formal exceptions to rulings or orders of the court are unnecessary. 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.
§ 9-11-46.Exceptions unnecessary; objections to rulings or orders
Chapter 11. Civil Practice Act · Article 6. Trials · Last amended 1966 · Last verified July 17, 2026
In one sentenceThis section abolishes the old requirement of formal exceptions to court rulings — a party preserves an issue by stating what action it wants and its grounds at the time — protects a party who had no chance to object, and clarifies that a denied motion for mistrial or similar relief need not be renewed to preserve the issue.
Full Text of § 9-11-46
(b) When motion for mistrial or other like relief is made, the question is thereby presented as to whether the moving party is entitled to the relief therein sought or to any lesser relief, and where such motion is denied in whole or in part, it shall not be necessary that the moving party thereafter renew his motion or otherwise seek further ruling by the court.
Plain-English Summary
Subsection (a) does away with the older, more formal practice of taking “exceptions” to a court’s rulings. What preserves an issue now is simpler: at the time the ruling or order is made or sought, the party tells the court what action it wants taken, or states its objection and the grounds for it. And when a party never gets the chance to object at the time — because, for instance, the court acts without warning — the absence of an objection doesn’t prejudice that party later.
Subsection (b) applies that same practical approach to a motion for mistrial or similar relief. Making the motion puts before the court not just the specific relief requested but any lesser relief the moving party might be entitled to. And if the court denies the motion in whole or in part, the moving party doesn’t have to renew it or ask for a further ruling to keep the issue alive for later review.
Frequently Asked Questions
Do Georgia litigants still need to take formal “exceptions” to preserve an issue for appeal?
No. Subsection (a) makes formal exceptions unnecessary; a party preserves the issue by making known to the court, at the time of the ruling, the action it wants and its grounds for objecting.
What happens if a party never had a chance to object when a ruling was made?
The absence of an objection at that time doesn’t prejudice the party afterward.
Does a party have to renew a denied motion for mistrial to preserve the issue?
No. Subsection (b) says it isn’t necessary to renew the motion or otherwise seek a further ruling once the court has denied it in whole or in part.
Does a motion for mistrial also raise the question of lesser relief the moving party might be entitled to?
Yes. The motion presents the question of whether the moving party is entitled to the relief sought or to any lesser relief.
Why does this section matter when preparing for an appeal?
It confirms that stating the grounds for an objection when the ruling is made is enough to preserve the issue, without the added formalities appellate practice once required.
Amendment History
Ga. L. 1966, p. 609, § 46.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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