Rule 46.Exceptions Unnecessary.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 46
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
Formal exceptions to rulings or orders are unnecessary. What replaces them is simpler and more useful: at the time the ruling is made or sought, the party makes known to the court the action it wants taken, or its objection to the action taken, together with the grounds.
Where a party had no opportunity to object at the time, the absence of an objection does not prejudice them. That covers the ruling made without warning or in a party absence.
Read alongside Rule 43(c), which allows an offer of proof after an objection is sustained, this is the rule that preserves a point for appeal. What it requires is specificity at the moment, not a ritual afterwards.
Frequently Asked Questions
Do I need to take an exception in Hawaii family court?
No. Formal exceptions to rulings or orders of court are unnecessary.
How do I preserve an objection for appeal?
Make known to the court, when the ruling is made or sought, the action you want taken or your objection to the action taken, and the grounds.
What if I had no chance to object?
The absence of an objection does not prejudice a party who had no opportunity to make one.
What if my objection is sustained against me?
Rule 43(c) lets the examining attorney make a specific offer of what the answer was expected to prove.
Do I need to state grounds?
Yes. The rule requires the objection and the grounds for it to be made known.