RulesofCivilProcedure.com Civil Procedure · Every State

Rule 46.Exceptions unnecessary.

Current through June 18, 2026 · Last verified July 9, 2026

In one sentenceAbolishes the need for formal exceptions to court rulings, requiring only that a party make known to the court, at the time of the ruling, the action requested or the objection and its grounds, and shields a party from prejudice when there was no chance to object at all.

Full Text of Rule 46

Text size

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 on request of the court, 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.

Amendment History

(Adopted effective July 1, 1953.)

Plain-English Summary

Older practice required a party to lodge a formal exception every time the court ruled against them, just to preserve the issue. This rule drops that formality. A party no longer needs to say the magic words -- it is enough to make known to the court, at the time the ruling or order is made or sought, either the action the party wants the court to take, or the party's objection to what the court is doing. If the court asks, the party gives its grounds.

The rule also covers the moment a ruling comes down with no chance to object. If a party never had an opportunity to object when the ruling or order was made, the absence of an objection does not prejudice that party afterward.

Frequently Asked Questions

Do I need to say I except to a court's ruling in Kentucky?

No. Formal exceptions are unnecessary. It is enough to make known to the court, at the time of the ruling, the action you want the court to take or your objection to what the court has done, and to state your grounds if the court asks.

What if I never got a chance to object to a ruling?

If you had no opportunity to object when the ruling or order was made, the fact that you did not object does not prejudice you later.

Source & verification. The rule text is reproduced verbatim from the official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 46). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
Also known as: formal exceptions unnecessary Kentuckyhow to preserve an objection for appealdo I need to object to every rulingCR 46