A formal exception to a ruling or order is unnecessary. When the ruling or order is requested or made, a party need only state the action that it wants the court to take or objects to, along with the grounds for the request or objection. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made.
Rule 46.Objecting to a Ruling or Order
Group VI: Trials · Last amended March 1, 2011 · Last verified July 15, 2026
In one sentenceRule 46 does away with the old formal "exception" to a court ruling — a party only needs to state what action it wants or objects to, and why, and a party who had no chance to object at the time is not penalized for staying silent.
Full Text of Rule 46
Explanatory Note
Rule 46 was amended, effective March 1, 1990; March 1, 2011. Rule 46 is derived from Fed.R.Civ.P. 46. Rule 46 was amended, effective March 1, 1990, to follow the 1987 amendment to the federal rule. The
amendment is technical in nature and no substantive change is intended. Rule 46 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal
Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Plain-English Summary
Older procedure required a lawyer to formally "except" to a ruling to preserve it for later review — a ritual with its own vocabulary and its own traps for anyone who forgot the magic words. Rule 46 does away with that ritual. When a ruling or order is requested or made, a party only needs to state the action it wants the court to take, or the action it objects to, along with the grounds for that request or objection. Nothing more formal is required.
The rule also protects a party who never had the chance to speak up. Failing to object does not prejudice a party who had no opportunity to do so when the ruling or order was made. That matters most in fast-moving situations, such as objections to jury instructions under Rule 51 or rulings made without warning, where preserving an issue for a new-trial motion under Rule 59 or for appeal should not depend on split-second timing that no party controlled.
Frequently Asked Questions
Do I need to say "I except to that ruling" to preserve my objection?
No. Rule 46 makes clear that a formal exception is unnecessary; you only need to state the action you want the court to take or the action you object to, along with your grounds.
What exactly do I need to say to preserve an issue under Rule 46?
State the action you want the court to take or the action you object to, and the grounds for that request or objection, at the time the ruling or order is requested or made.
What if the court makes a ruling and I never had a chance to object?
Rule 46 provides that failing to object does not prejudice a party who had no opportunity to object when the ruling or order was made.
Does Rule 46 apply to objecting to jury instructions?
Rule 46 sets the general standard for objecting to any ruling or order; it works alongside the more specific procedure in Rule 51 for objecting to jury instructions.
Is Rule 46 limited to objections made during trial testimony?
No. It applies whenever a ruling or order is requested or made, whether at trial or at any other stage of the case.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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