Rule 46.Exceptions Unnecessary.

Last amended January 1, 2000 · Last verified July 3, 2026

In one sentenceRule 46 does away with the old requirement of taking a formal exception to a court's ruling to preserve an objection for appeal.

Full Text of Rule 46

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Formal exceptions to rulings or orders of 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 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.

Amendment History

Amended December 7, 1999, effective January 1, 2000

Plain-English Summary

Instead of the old formal exception, a party preserves an objection by making known to the court, at the time the ruling or order is made or sought, the action the party wants the court to take or the party's objection to what the court has done, along with the grounds for it.

If a party never gets a chance to object when a ruling or order is made, the lack of an objection doesn't come back to hurt that party later.

Frequently Asked Questions

Does a party still need to take a formal exception to preserve an objection?

No. Rule 46 eliminates the formal exception; a party need only make known to the court its requested action or its objection and the grounds for it, at the time the ruling is made.

What if a party has no chance to object when a ruling is made?

Rule 46 protects the party: the absence of an objection in that situation doesn't prejudice the party later.

Source & verification. The rule text and History are reproduced verbatim from the official Hawaii Rules of Civil Procedure (Haw. R. Civ. P. 46). Prescribed by the Supreme Court of Hawaii (Haw. Rev. Stat. § 602-11; Haw. Const. art. VI, § 7). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: formal exceptions unnecessarypreserving an objection for appeal