Objections to rulings admitting or excluding evidence and other rulings or orders of the court shall be made, preserved and appealed in accordance with Maine Rules of Evidence, these Rules and any applicable statutes.
Rule 46.Preserving Objections
Last amended May 1, 2000 · Last verified July 8, 2026
In one sentenceRule 46 does away with the old formal step of taking an "exception" to a court ruling; a party preserves an objection by telling the court, at the time of the ruling, what action it wants or why it objects, and loses nothing if there was no real chance to object when the ruling was made.
Full Text of Rule 46
Exceptions to rulings or orders of the court shall not be made. 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 the grounds therefor; but 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 that party.
Advisory Committee’s Notes & Reporter’s Notes
Advisory Committee’s Notes — May 1, 2000
Rule 46, making exceptions unnecessary, addresses a practice that has not existed for forty years. The rule is completely revised to pertain to objections, now fully covered by the Maine Rules of Evidence. The title is amended to be entitled “Preserving Objections.”
Reporter's Notes — December 1, 1959
This rule is substantially the same as Federal Rule 46. It is a great departure from traditional practice in Maine. Exceptions, hitherto essential to the preservation of a question for appellate review, are abolished. This change has also been incorporated in R.S.1954, Chap. 106, Sec. 14, as amended in 1959 [now 15 M.R.S.A. § 2117], with respect to civil cases. It was deemed desirable to make the change a matter of statute to avoid any possible contention that the requirement of exceptions as a prerequisite to appellate review was jurisdictional.
It is to be noted that although formal exceptions are unnecessary, a party must still make known at the time of the ruling the actions he wants or his objection to the action taken and his grounds therefor. There is no good reason for requiring the talismanic word "exception" as essential to the preservation of rights.
The importance of this rule rests upon its relation to appellate review. Since there are no exceptions, there can be no bill of exceptions. All appellate review is by appeal, and any claimed error to which adequate objection was made is open to the aggrieved party on appeal.
Lawyers should be alert to the fact that this rule has no applicability to criminal cases, which are not within the scope of the rule-making power delegated to the Supreme Judicial Court. Review by exceptions will accordingly continue in criminal cases.*
* [Field, McKusick & Wroth noted: “This situation has now been changed by statute and rule. 15 M.R.S.A. § 2117 and Maine Criminal Rule 51 are identical to M.R.C.P. 46. See Glassman § 51.1.” 1 Field, McKusick & Wroth, Maine Civil Practice at 631 (2d ed. 1970)].
Plain-English Summary
Objections to a court's evidentiary rulings, and to its other rulings and orders generally, are made, preserved, and appealed under the Maine Rules of Evidence, the civil rules themselves, and any applicable statute. Rule 46 eliminates the old formality of taking a separate "exception" to a ruling. What matters instead is that the party, at the time the court makes or is asked to make a ruling, makes known to the court either the action it wants taken or its objection to what the court did, along with the grounds for that position.
If a party never had a real opportunity to object when the ruling was made, the absence of a contemporaneous objection doesn't prejudice that party later on.
Frequently Asked Questions
Does a party still need to take a formal "exception" to preserve an objection?
No, Rule 46 eliminates that formality; the party need only make the desired action or the objection, and its grounds, known to the court at the time of the ruling.
What happens if a party had no real chance to object when a ruling was made?
The absence of a timely objection does not later prejudice that party.
Where should a party look for the specific procedures on objecting to evidence?
The Maine Rules of Evidence and any applicable statutes, since Rule 46 works alongside them rather than replacing them.
Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s
Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 46), prescribed by the
Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: preserving objections at trial Maineformal exceptions abolished