Allegations of error, otherwise properly preserved, in respect to rulings, orders or instructions of the court need not be presented in a motion for a new trial in order to be preserved for appellate review.
Rule 59.06.Preservation of error.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 59.06 says that once an error in a court ruling, order, or instruction has been properly preserved, a party does not also have to raise it in a motion for a new trial to keep it available for appeal.
Full Text of Rule 59.06
Amendment History
The source reproduced here (current through June 18, 2026) records no amendment to this rule since its original adoption — no History line appears for it in the compiled rules. For the underlying adopting order and any later amendments, see the West’s Rules & Procedures.
Plain-English Summary
Trial lawyers often worry about waiver traps, and CR 59.06 closes one of them. If an error in a ruling, order, or instruction was already properly preserved, for example through a timely objection, a party does not need to repeat that objection in a motion for a new trial just to keep the issue alive for appeal.
The rule does not excuse a party from preserving the error in the first place. The phrase 'otherwise properly preserved' means the objection or exception still has to happen when the ruling is made. CR 59.06 removes the extra requirement of restating it later in a new-trial motion.
Frequently Asked Questions
Do I have to file a motion for a new trial to appeal an error the judge already ruled on at trial?
No. Under CR 59.06, if the error was otherwise properly preserved, it does not need to be presented in a motion for a new trial to be preserved for appellate review.
What kinds of errors does CR 59.06 cover?
Allegations of error in respect to rulings, orders, or instructions of the court.
Does CR 59.06 excuse me from objecting during trial?
No. The rule applies only to errors that are 'otherwise properly preserved,' meaning the original objection or exception still has to be made when the ruling occurs.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 59.06). 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
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