Rule 46.Objections.

Last amended 2023 · Last verified July 3, 2026

In one sentenceRule 46 eliminates the need for formal exceptions and spells out exactly what counts as a preserved objection, both for evidence rulings and for other trial and pretrial rulings.

Full Text of Rule 46

Text sizeJump to: (a) (b) (c)

(a) Rulings on admissibility of evidence. – Formal exceptions are unnecessary. An objection is deemed in the following circumstances:

(1) When there is objection to the admission of evidence on the ground that the witness is for a specified reason incompetent or not qualified or disqualified, it is deemed that a like objection has been made to any subsequent admission of evidence from the witness in question. Similarly, when there is objection to the admission of evidence involving a specified line of questioning, it is deemed that a like objection has been taken to any subsequent admission of evidence involving the same line of questioning.

(2) If there is proper objection to the admission of evidence and the objection is overruled, the ruling of the court is deemed objected to by the party making the objection. If an objection to the admission of evidence is sustained or if the court for any reason excludes evidence offered by a party, the ruling of the court is deemed objected to by the party offering the evidence.

(3) No objections are necessary with respect to questions propounded to a witness by the court or a juror but it is deemed that each question has been properly objected to by all parties to the action and that the objection has been overruled.

(b) Pretrial rulings, interlocutory orders, trial rulings, and other orders not directed to the admissibility of evidence. – With respect to a pretrial ruling, an interlocutory order, a trial ruling, or another order of the court not directed to the admissibility of evidence, formal objections and exceptions are unnecessary. In order to preserve an objection to the ruling or order or to the court's failure to make the ruling or order, it is sufficient if a party, at the time the ruling or order is made or sought, makes known to the court the party's objection to the action of the court or makes known the action that the party desires the court to take and the party's grounds for its position. 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.

End

Amendment History

(1967, c. 954, s. 1; 2001-379, s. 6; 2023-54, s. 5.)

Plain-English Summary

Rule 46(a) does away with formal exceptions and instead deems an objection made in specific circumstances: once a party objects to a witness's competence or qualification, that objection covers every later piece of evidence from the same witness; once a party objects to a specific line of questioning, that objection covers every later question along the same line. An overruled objection is deemed objected to by the objecting party, and excluded evidence is deemed objected to by the party who offered it. Questions the court or a juror poses to a witness need no objection at all -- every party is deemed to have objected and been overruled.

Rule 46(b) extends the no-formal-objection approach to pretrial rulings, interlocutory orders, trial rulings, and other orders not about the admissibility of evidence: a party preserves its position by making its objection, or the action it wants the court to take and the reasons why, known to the court at the time. If a party never gets the chance to object when the ruling is made, that missed objection doesn't prejudice the party later. Rule 46(c) was repealed in 2001.

Frequently Asked Questions

Does a party need to keep repeating the same objection to the same witness?

No. Rule 46(a) deems a single objection to a witness's competence or qualification to cover every later piece of evidence from that witness, and a single objection to a line of questioning to cover every later question along that line.

How does a party preserve an objection to a pretrial ruling or other non-evidentiary order?

By making its objection, or the ruling it wants and its reasons, known to the court at the time the ruling is made -- no formal objection or exception is required.

Do the parties need to object to questions the judge or a juror asks a witness?

No. Rule 46(a) deems every party to have objected to such questions and to have been overruled, without any action required.

Source & verification. The rule text and history citation are reproduced verbatim from the official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 46). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. · Official source

Also known as: preserving objections for appealformal exceptions unnecessaryobjection to admissibility of evidencedeemed objectionobjecting to court or juror questionspreserving error for appealcontinuing objection