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 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.
Rule 46.Exceptions unnecessary
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceRule 46 abolishes the formal “exception” to a trial court ruling, requiring only that a party state, when the ruling is made, what it wants done or why it objects and on what grounds — while protecting a party who had no chance to object.
Full Text of Rule 46
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Before Rule 46, a lawyer who wanted to challenge a judge’s ruling later on appeal had to formally “except” to it — a ritual phrase that, by itself, told nobody anything about what was wrong with the ruling. Rule 46 sweeps that formality away. All a party has to do now is speak up when the court is making or has just made a ruling: state the action wanted from the court, or state the objection to what the court did, along with the reasons for it. That single act — telling the judge, on the record, what you want and why — does everything the old formal exception used to do.
The rule also builds in a safeguard for the party caught off guard. If a ruling or order comes down and the party never had a real chance to object at that moment, the later absence of an objection does not cost that party anything. This matters in fast-moving trials, where a judge might rule on something without pausing for argument. In practice, Rule 46 means litigants should raise objections and requests promptly and with enough detail that the judge and the other side understand exactly what is being challenged and why — vague murmurs of disapproval will not do the job that a focused, on-the-record statement will.
Frequently Asked Questions
Do I still need to formally “except” to a judge’s ruling to preserve it for appeal?
No. Rule 46 eliminates the formal exception. All that is required is telling the court, at the time it rules, what action you want it to take or what you object to and why.
What exactly do I have to say to preserve an objection under Rule 46?
State the specific action you want the court to take, or the specific ruling you are objecting to, along with your grounds. The point is to give the judge a real chance to fix the problem and to give the other side notice of what is being challenged.
What happens if the court rules on something and I never got a chance to object?
Rule 46 protects you. If you had no opportunity to object when the ruling or order was made, your later silence does not prejudice you — the issue can still be raised.
Does Rule 46 apply to written motions as well as things that happen during trial?
The rule covers any ruling or order of the court, whether it comes during a hearing, at trial, or on a written motion. What matters is stating your position when the court acts, not the format of the proceeding.
If I don’t object at the right moment, is the issue lost for good?
Generally, yes, unless one of the rule’s own protections applies — most importantly, that you had no opportunity to object when the ruling was made. Otherwise, an unraised objection is typically treated as forfeited.
Is there a required form for making an objection under Rule 46?
No particular wording is required. What matters is substance: telling the court clearly what you want or what you object to and stating your grounds, so the ruling and the reasoning behind any challenge to it become part of the record.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 46). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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