Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been taken 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 any objection to the action of the court and the 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. A minute of the objection to the ruling or order shall be made by the judge or reporter.
Rule 46.Exceptions Unnecessary
Last verified July 1, 2026
In one sentenceRule 46 says a lawyer no longer needs to formally except to a court ruling and only needs to tell the judge what action is wanted and why, to preserve the issue for later.
Full Text of Rule 46
Plain-English Summary
Older procedure required a lawyer to stand up after a ruling and formally say I except to preserve the right to challenge that ruling later. Rule 46 gets rid of that ritual. All a party needs to do now is let the judge know, at the time of the ruling, what action the party wants the court to take, or what the party is objecting to and why. That statement on the record is enough to protect the issue for later review, without any set phrase.
The rule also protects a party who never gets the chance to object in the first place. If there was no real opportunity to object when the ruling or order was made, the fact that no objection was raised does not later hurt that party’s position. Finally, the rule requires that a minute of the objection be kept by the judge or the court reporter, so there is a record that the point was raised.
In practice, this rule matters most to lawyers and judges managing the flow of a trial. It simplifies what could otherwise be a trap for anyone who forgets a formal phrase, while still requiring that objections be timely and specific enough for the court to understand what is being challenged.
Frequently Asked Questions
Do I need to say I except after a judge rules against me at trial in Minnesota?
No, formal exceptions are unnecessary; you only need to make known to the court what action you want taken or state your objection and the grounds for it.
What if I never had a chance to object when the court made its ruling?
If you had no opportunity to object at the time the ruling was made, the absence of an objection will not later prejudice you.
Who is responsible for keeping a record that I objected?
A minute of the objection to the ruling or order is made by the judge or the court reporter.
Why does this rule matter for an appeal later?
Rule 59 lets a party assign errors of law that were objected to at trial, or that did not need an objection under Rules 46 and 51, so how an objection is made and recorded under Rule 46 can affect what can be raised in a later motion for a new trial.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 46). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as: objections ruleno formal exceptions