RulesofCivilProcedure.com Civil Procedure · Every State

Rule 46.Exceptions Unnecessary

Last amended July 1, 1975 · Last verified July 1, 2026

In one sentenceRule 46 eliminates the old formal step of taking an "exception" to a court ruling -- once a party has brought a matter to the court's attention by objection, motion, or otherwise and the court has ruled, that's enough to preserve the issue for review.

Full Text of Rule 46

Text size

An exception at any stage or step of the case or matter is unnecessary to lay a foundation for review whenever a matter has been called to the attention of the court by objection, motion, or otherwise and the court has ruled thereon.

Amendment History

Effective Date: July 1, 1970

Amended: July 1, 1975

Plain-English Summary

Under older practice, a party who wanted to challenge a court's ruling on appeal had to take a formal exception to the ruling in addition to objecting to it. Rule 46 abolishes that extra step. Once a matter has been brought to the court's attention -- by objection, by motion, or in any other way -- and the court has ruled on it, no further exception is needed to preserve the issue for appellate review.

Frequently Asked Questions

What was an exception under the older practice Rule 46 replaced?

A separate, formal step a party had to take after objecting to a ruling, on top of the objection itself, in order to preserve the issue for appeal.

What does a party need to do now to preserve an issue for appeal?

Bring the matter to the court's attention by objection, motion, or some other means, and obtain a ruling. No additional exception is required.

Does Rule 46 excuse a party from objecting at all?

No. It only eliminates the old formal exception that used to follow an objection or ruling -- a party still has to raise the issue and get a ruling to preserve it.

Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 46). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. · Official source
Also known as: exceptions to rulingspreserving errorobjections