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Rule 46.Exceptions Unnecessary.

Current through February 2024 · Last verified July 8, 2026

In one sentenceRule 46 eliminates the old requirement of a formal exception to a court ruling, requiring only that a party make its desired action or objection known when the ruling is made, and lets a party object once to a whole line or subject of testimony without repeating the objection every time.

Full Text of Rule 46

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Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which the party desires the court to take or the party's objection to the action of the court and the party's grounds therefor if requested; and 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 the party. With the consent of the court a party may object to an entire line of testimony, or to the entire testimony of a witness, or to testimony on a single subject matter, and if such objection shall be overruled, it shall not be necessary for the party to repeat the objection thereafter, but every part of such testimony thereafter introduced shall be deemed to have been duly objected to and the objection overruled.

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.

Source & verification. The rule text is reproduced verbatim from the official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 46). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source
Also known as: exceptions unnecessary ruleobjecting to a court rulingpreserving an objection for appealtrial objection rulecontinuing objection rulehow to object during a Rhode Island civil trial