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, 2019 · Last verified July 14, 2026
In one sentenceRule 46 drops the old formal "exception" to a ruling and asks a party only to tell the court, at the time of the ruling, what action it wants or what it objects to and why.
Full Text of Rule 46
Notes
Drafter’s Note, Amendment Effective January 1, 2005: The amendments are technical.
Amendment History
Amended eff. 1-1-05; Amended eff. 3-1-19.
Plain-English Summary
Trial lawyers used to have to say the magic words "I except" after an adverse ruling just to keep the point alive for appeal. Rule 46 gets rid of that formality. All a party has to do now is let the court know, when it asks for a ruling or when the court makes one, what it wants done or what it disagrees with, along with the reasons. There is no required script and no separate step beyond stating the request or the objection on the spot.
The rule also protects a party who never got the chance to speak up. If a ruling or order comes down in a way that leaves no real opening to object, staying silent does not cost that party anything later. Rule 46 sets the baseline for objecting during trial; more specific rules, such as Rule 51's requirements for objecting to jury instructions, layer additional detail on top of this general framework.
Frequently Asked Questions
Do I still need to say "I except" to preserve an objection in Nevada?
No. Rule 46 eliminated the formal exception. You only need to state, on the record, the action you want the court to take or the ruling you object to, along with your grounds.
What exactly do I need to say to preserve an objection under Rule 46?
State the action you want the court to take, or the specific thing you object to, and the reasons behind it, at the time the court is asked to rule or rules. No particular wording is required.
What happens if the court rules before I have a chance to object?
Rule 46 protects you. A party who had no opportunity to object when the ruling or order was made is not penalized later for failing to object at that moment.
Does Rule 46 cover how I object to a jury instruction?
Not by itself. Rule 46 is the general rule for objecting during trial. Objections to jury instructions have their own, more specific requirements under Rule 51.
Why did Nevada eliminate the formal exception requirement?
It was an old formality that added a trap for the unwary without serving any real purpose, since the substance of an objection, the party's request and its grounds, is what the court and any reviewing court need.
Source & verification. Rule text, official Advisory Committee
Notes, and amendment history are reproduced verbatim from the Nevada Rules of Civil
Procedure, adopted by the Supreme Court of Nevada. Last verified July 14, 2026.
· Official source
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