Rule 46.Exceptions Unnecessary.
Current through February 2024 · Last verified July 8, 2026
Full Text of Rule 46
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 46 does away with the old formal ritual of taking an exception to a judge’s ruling. A party no longer has to recite a special phrase to preserve an issue. All that’s required is making known to the court, at the time of the ruling, what action the party wants taken or what the party objects to, along with the grounds for it if the court asks.
The rule also protects a party who never got the chance to object when a ruling was made. If there was no opportunity to object at the time, failing to object doesn’t hurt the party later.
For ongoing testimony, Rule 46 spares lawyers from repeating themselves. With the court’s consent, a party can object once to an entire line of testimony, to everything a particular witness says, or to testimony on a single subject. If that objection is overruled, the party doesn’t have to renew it every time similar testimony comes in afterward — the rule treats each later instance as objected to and overruled automatically.
Frequently Asked Questions
Do I have to say ‘I except’ to preserve an objection for appeal?
No. Rule 46 does away with formal exceptions. You just need to make known to the court, at the time of the ruling, the action you want taken or your objection, along with your grounds if the court asks for them.
What if I never got a chance to object when the ruling happened?
You’re not penalized. If there was no opportunity to object when the court made the ruling or order, the absence of an objection doesn’t prejudice you later.
Do I have to keep objecting every time similar testimony comes in?
Not if the court agrees otherwise. With the court’s consent, you can object once to an entire line of testimony, to a witness’s whole testimony, or to testimony on one subject. If that objection is overruled, every later part of that testimony is treated as objected to and overruled automatically, without repeating yourself.